Procedure for Trademark Registration in Nigeria (2026)

Trademark registration is one of the most important steps a business can take to protect its brand in Nigeria. A trademark may be a business name, logo, slogan, label, symbol, device, signature, or any other distinctive sign that helps customers identify the source of particular goods or services. In practical terms, it is the legal protection given to the identity by which a business is known in the market.

In Nigeria, trademarks are registered at the Trademarks Registry, which operates under the Commercial Law Department of the Federal Ministry of Industry, Trade and Investment. The Nigerian Industrial Property Office explains that the Registry is responsible for administering trademarks, patents and industrial designs in Nigeria.

The main legislation governing trademarks in Nigeria is the Trade Marks Act. Generally, a trademark is a mark used, or proposed to be used, in relation to goods or services for the purpose of showing a connection between those goods or services and the person who has the right to use the mark. For a trademark to be registrable, it should be distinctive. It must not be deceptive, unlawful, immoral, or confusingly similar to an existing trademark.

The first step in the registration process is to decide exactly what is to be protected. A business may wish to register its name as a word mark, its logo as a device mark, or both. This distinction is important. Where a logo contains both words and design elements, registering the logo alone may not give the same level of protection as registering the business name separately as a word mark. A company that wants broader protection should carefully consider whether its name, logo, slogan and other brand elements should be filed as separate applications.

The next step is to identify the correct class of goods or services. Nigeria applies the Nice International Classification system, under which goods and services are divided into different classes. For example, clothing, legal services, cosmetics, software, financial services and food products all fall under different classes. A trademark is protected only in the class or classes in which it is registered. The Nigerian Industrial Property Office (Trademark Registry) also states that a separate application must be filed for each class of goods or services for which registration is required.

After identifying the relevant class, the applicant should conduct an availability search. This is a preliminary search carried out to determine whether the proposed trademark is available and whether there are existing registered or pending marks that may conflict with it. The search also helps assess whether the mark is distinctive enough to proceed to registration. According to the Registry’s service information, a preliminary search assists in advising on the registrability of a proposed name or logo, including its distinctiveness and whether there are pre-existing or pending marks.

A search is not a guarantee that the application will be accepted, but it is a sensible precaution. It reduces the risk of filing a mark that is likely to be refused, opposed or challenged later. Businesses should also avoid marks that merely describe the goods or services being offered. Names such as “Best Bread” for bread or “Fast Delivery” for courier services may be difficult to protect unless they contain other distinctive features. In contrast, invented words, unique expressions and unusual brand names are usually easier to register and enforce.

Once the search has been completed, the next step is to prepare and file the trademark application. The application will usually contain the applicant’s name, address and nationality, a clear representation of the trademark, the relevant class, and the specification of goods or services. Where an agent or lawyer files the application on behalf of the applicant, an authorisation of agent or power of attorney is also required. The Nigerian Industrial Property Office states that such authorisation should contain the applicant’s name, address and nationality, and should be filed where an attorney or agent is instructed.

Foreign applicants usually act through a Nigerian trademark attorney or accredited agent. This is often the most practical approach, especially where the applicant is unfamiliar with the Registry’s procedure. A local attorney can assist with the search, classification, preparation of the specification, filing, official correspondence, response to objections, opposition proceedings and collection of the certificate. The Registry also states that accreditation is mandatory for law firms, stakeholders and potential registrants who wish to act as agents.

After the application is filed, the Registry issues an acknowledgement. This acknowledgement usually contains the application number, filing date and other basic details of the trademark. The official procedure confirms that the Registrar issues an acknowledgement letter after filing.

The application then proceeds to examination. At this stage, the Registrar considers whether the trademark is registrable. The examination may involve both absolute and relative grounds. Absolute grounds relate to the nature of the mark itself, including whether it is distinctive, deceptive, scandalous or contrary to law. Relative grounds focus on whether the mark conflicts with any earlier registered or pending trademark. If the Registrar is satisfied that the application may proceed, the Registry issues a notice or letter of acceptance.

Where the Registry objects, the applicant may need to respond with legal arguments, explanations, amendments or clarifications. For instance, the applicant may argue that the mark is sufficiently distinctive, that the cited earlier mark is different, or that the goods and services are not so similar as to create confusion. If the objection cannot be overcome, the applicant may have to amend the application where possible or consider filing a fresh mark.

Once a trademark application is accepted, it is advertised in the Nigerian Trademarks Journal. This publication gives third parties the opportunity to oppose the application. The official procedure provides that every accepted trademark application must be advertised in the Nigerian Trademark Journal and remains open to opposition for two months from the date of advertisement.

During this opposition period, any interested party who believes the mark should not be registered may file a notice of opposition. An opposition may be based on prior ownership, similarity to an earlier mark, bad faith, descriptiveness, deception or likelihood of confusion. If an opposition is filed, the application becomes contested. The applicant will then need to defend the application by filing the required processes and evidence before the Registry. If the opposition succeeds, the mark may be refused. If it fails, the application may proceed to registration.

Where no opposition is filed within the prescribed period, or where an opposition is resolved in favour of the applicant, the applicant may proceed to pay the prescribed fee for the certificate of registration. The Registry then issues the certificate. The official procedure confirms that where no objection is received within the opposition period, or where no objection is sustained, the applicant may apply and pay the prescribed fees for the registration certificate.

The certificate of registration is the formal evidence that the trademark has been registered in Nigeria. Registration gives the proprietor the exclusive right to use the mark in relation to the goods or services for which it is registered. It also gives the owner a stronger legal basis to sue for infringement, oppose later conflicting applications, assign or license the mark, and treat the trademark as an intellectual property asset of the business.

A Nigerian trademark registration is initially valid for seven years. After that, it may be renewed every fourteen years. This means that a trademark can remain protected indefinitely, provided the owner renews it when due.

In summary, trademark registration in Nigeria involves identifying the mark, selecting the correct class, conducting a search, filing the application, undergoing examination, obtaining acceptance, publication in the Trademarks Journal, waiting through the opposition period, and finally obtaining the certificate of registration. For any serious business, trademark registration should not be treated as an afterthought. It is a practical way to protect goodwill, strengthen brand value and reduce the risk of imitation or unauthorised use.

Written by Olusola J. Jegede, Esq., 

Olusola Johnson Jegede, Esq., is a seasoned Nigerian legal practitioner and the Principal Partner at Resolution Law Firm. He specializes in corporate law, intellectual property, dispute resolution, family law and commercial transactions, providing strategic legal solutions to individuals, startups, and established businesses.

With a strong reputation for professionalism and results-driven advocacy, Olusola has advised clients on complex legal issues including trademark protection, regulatory compliance, and business structuring. He is also the author of “Trademark Registration and Law in Nigeria – Explanations and Materials,” reflecting his depth of knowledge and commitment to legal education.

Olusola combines practical legal insight with a client-focused approach, ensuring efficient, innovative, and commercially sound outcomes. He remains dedicated to upholding the highest standards of legal practice while helping clients navigate Nigeria’s evolving legal landscape.

For any specific enquiries or consultation, contact Resolution Law Firm.

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