TRADEMARK RENEWAL IN NIGERIA
The Trademark Act 1967 under Section 5 provides that “the registration of a person as the Proprietor of a trademark in respect of any goods shall give or be deemed to give to that person the exclusive right to use of that trademark in relation to those goods”. This right of exclusive use is for a period definite with the option to renew.
In our previous write-up, we adequately explained the procedure for the trademark registration in Nigeria.
In Nigeria, a Trademark like every other registration is for a duration period of 7 years, after which the registration may be renewed for a subsequent period of 14 years.
Section 23 of the Trademark Act states that “the registration of a trademark shall be for a period of 7 years but may be renewed from time to time in accordance with the provision of the section which provides for a substitution of a period of 14 years after the period of 7 years”
The procedure for renewal of trademark under the Section 23 (2) of the Act is done by an application made by the Proprietor of the mark to the Registrar of the Trademark, Patent and Design Registry under the Federal Ministry of Industry, Trade and Investment for Renewal before the expiration of the mark, and the Registrar shall on that application renew the mark for a subsequent 14 years from the date of expiration of the original registration or the last renewal where applicable.
Failure to Renew a Trademark when due
Under Section 23(3) of the Act, before the expiration of the last registration of the mark, the Registrar will send notice to the proprietor of the expiration date and payment of fees on which the Renewal will be obtained. Where a trademark when due for renewal has not been renewed, even after the Registrar has sent notice to the proprietor of the mark, the mark will be removed from the register of trademarks.
In the case where the mark has been removed from the register for lack of renewal, the mark will still be deemed to be on the register for the purpose of any application for the registration of trademark during one year after the date of removal unless there has been no use of the mark which has been removed during two years preceding the removal.
The requirements for the Renewal of Trademark in Nigeria
The requirements for the trademark renewal in Nigeria are as follows:
- Certificate of Registration of the Trademark
- Power of Attorney
- Payment of the prescribed renewal fee
- Particulars of Applicant for the renewal, which would include Name, Address, Email, Phone Number. Where the applicant is a Company or an individual trading under a business name, the information of such an entity will be provided
- As part of the renewal process, the Applicant is to provide Trademark information such as Trademark Type, The File or TM number, Description of Logo and class of goods or services for renewal.
The filing fee for a trademark renewal at the trademark registry in Nigeria is N12, 000.00 (Twelve Thousand Naira only). This amount does not include the professional fee to be charged by a trademark agent or lawyer processing such renewal.
A trademark when registered is valid for a period of 7(Seven) years but can be subsequently renewed for another period of 14 years as the Act provides. It is advisable to apply for renewal before the expiration of the initial 7 years of validity. There is no limit to the number of times a trademark can be renewed.
By Trademark & Intellectual Property Law Department at Resolution Law Firm, Nigeria
Email: [email protected]