HAVE YOU REGISTERED A TRADEMARK FOR YOUR BUSINESS?

Basically, every business needs a trademark. With a trademark, you have complete and exclusive rights to use the mark to identify your goods and reduce unfair competition from those who may want to use a similar trademark with inferior goods or services. You can even allow another person to use your trademark, either out of the kindness of your heart or for an agreed amount of money.

A trademark is a symbol or a sign that separates your business from another person’s business. It protects the identity of your brand and helps customers recognize your brand from other brands.

Different things can be registered as a trademark - a name, logo, slogan, domain name, shape, colour or sound.  You can choose to register your trademark either plainly (black and white) or in colour. If the trademark is registered in colour, then you will be restricted to just the colour(s) that you registered. 

Any mark can be registered as a trademark as long as the mark is unique and original. It must also:

·         Be unique and different from other trademarks.

·         Not be deceptive.

·         Not be confusing.

·         Not be illegal.

·         Not be immoral.

·         Not resemble any other trademark which is already in existence.

To register a trademark in Nigeria, you will need to first make a formal application at the Registry of Trade Marks, Patents and Design. The application should contain the following:

·         Your full name and physical address;

·         Your nationality;

·         The details of the trademark that needs to be registered e.g colour, symbol, logo, shape.

After filing the application for registration of the trade mark, you will be issued a formal document which will show the official number and the date of filing the application. A search will also be conducted and the trademark will be inspected to be sure that it is not the same with or similar to any existing or pending trademark.

If the Registrar at the Registry of Trade Marks, Patents and Design is satisfied with the application, you would then be asked to pay the necessary fees. Once the fees are paid, you will be given a letter/notice of acceptance.

According to the laws of Nigeria, every application for trademark must be advertised in the Nigerian Trademark Journal, and anyone who is against the registration of the trademark should oppose it within 2 months from the date of advertisement. If there is an objection or if the trademark already exists, the application will be rejected.

But if there is no objection, the trademark will be approved and you will be issued a Certificate of Registration. The Certificate will contain the date of registration and the trademark will be published in the trademark journal.

Just like a patent, if a lawyer is applying for the trademark on your behalf, the lawyer will need to get a signed power of attorney from you. It is this power of attorney that will give the lawyer the power to apply for the trademark on your behalf.

Once a trademark is registered, it is legally protected and cannot be used by a competitor or any other person. If anybody uses your trademark without your consent, you can institute an action in a court of law.

Trademark registration does not last forever; it is usually for a period of 7 years after which it can be renewed for another period of 14 years or you can choose to renew it forever. When applying for a renewal of the trademark, the application should be made at least 3 months before the trademark expires.

If a trademark has been registered and it is not used within 5 years without any good reason, the Registrar has the power to cancel the trademark.http://toyinomoniyi.blogspot.com.ng/2015/11/have-you-registered-trademark-for-your.html