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Trademark application Nigeria

Nigeria – officially the Federal Republic of Nigeria – is the most populous country in Africa and one of the world’s largest emerging markets. It sits in West Africa between the Sahel to the north and the Gulf of Guinea to the south and covers about 923,769 km². With a population exceeding 236 million people, Nigeria is a multilingual and multicultural federation of 36 states and the Federal Capital Territory, where Abuja is the capital. Lagos, one of the world’s largest metropolitan areas, is the country’s main commercial centre. The country gained independence from British colonial rule on 1 October 1960 and now boasts one of Africa’s largest economies, with rich natural resources and a dynamic entrepreneurial culture.

Understanding how trademarks are protected in Nigeria is essential for both local and international businesses. The country’s legal framework for trademarks is based on the Trade Marks Act, CAP T13, and the Trade Marks Regulation 1967, supplemented by statutes such as the Merchandise Marks Act and more recent amendments (for example, the Business Facilitation Act 2022). Nigeria is a member of the Paris Convention and the World Trade Organization’s Agreement on Trade‑Related Aspects of Intellectual Property Rights (TRIPS), and it follows the Nice Classification system for goods and services, using classes 1–34 for goods and 35–45 for services. The country operates a first‑to‑file system, meaning that the applicant who files earliest has priority, and trademark rights are territorial – registration is required to obtain protection in Nigeria. A registered mark confers on its proprietor the exclusive right to use the mark in relation to the goods or services for which it is registered; unauthorised use of identical or confusingly similar signs can constitute infringement.

Trademark application costs in Nigeria

The official fees for filing and securing a trademark in Nigeria are set by the Nigerian Industrial Property Office (NIPO). According to the fee schedule published by the NIPO, the main costs for a new application include:

Name of service	Official fee (NGN)	Approximate amount (USD)
Application for registration of a trademark	16 ,749.00 NGN	≈ 11.5 USD
Application for issuance of a trademark certificate	11 ,529.80 NGN	≈ 7.9 USD
Change of applicant’s name or address	10 ,934.01 NGN	≈ 7.5 USD
Certified copy of registration certificate	8 ,000.00 NGN	≈ 5.5 USD

These fees are payable per class; Nigeria does not permit multi‑class applications, so a separate application must be filed for each class of goods or services. Additional costs may arise if the applicant needs to change registered particulars, file a notice of opposition or respond to one, or obtain certified copies. The government fees are relatively modest in comparison with many other jurisdictions, but applicants should also budget for professional fees and taxes, particularly when instructing a local trademark attorney (which is mandatory for foreign applicants).

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How to file a trademark application online in Nigeria

A trademark application may be filed either by entering new information or by adapting an existing application from another country. The system automatically calculates official fees in the currency selected by the applicant at the current exchange rate.

Provide applicant information: The applicant’s full name, address, nationality, email and phone number must be provided.
Upload the trademark representation: The sign must be clear and distinct. For electronic filing, NIPO specifies that images should be provided in JPEG format at a minimum resolution of 1200 dpi and approximately 120 × 100 pixels.
Select the class(es) of goods or services: Nigeria follows the Nice Classification and requires a separate application for each class. Applicants must list all goods or services covered by the mark.
Prepare a Power of Attorney: A signed Power of Attorney authorising a local agent is required. The power does not need to be notarised or legalised – a simple signed copy is sufficient.
Submit the application and pay the fees: After payment, applicants receive an electronic acknowledgement notice on the same day.

Advantages of trademark registration with Pocket IP

24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.

Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.

Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.

Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in Nigeria

Filing and preliminary search

New trademark application

After the application is filed online or directly with a local agent, NIPO issues an acknowledgement letter confirming the filing date and providing a provisional application number. The Registry conducts an availability search against its database to ensure that the proposed mark does not conflict with earlier registrations. NIPO only accepts marks that are distinctive and not deceptive, illegal or immoral.

Formal and substantive examination

Check of formal requirements

The Registrar examines whether the mark meets formal requirements (e.g., correct classification, completed forms, payment of fees) and whether it satisfies substantive requirements, such as distinctiveness and absence of conflicts with earlier rights. If the mark is acceptable, an Acceptance Notice is issued, typically within one to two months. If objections arise, the applicant is invited to make written representations or attend a hearing.

Publication and opposition

2 months opposition period

Accepted applications must be published in the Nigerian Trade Marks Journal. Publication notifies third parties and opens a two‑month opposition period. During this time, anyone may file a notice of opposition based on earlier rights, bad faith or other legal grounds. The opponent must pay the prescribed fee for filing a notice of opposition. The applicant may submit a counter‑statement, and the Registrar will consider evidence from both sides before delivering a decision. If the opposition succeeds, the application may be refused; if it fails, the application proceeds to registration.

Registration and certificate

Issuing of registration certificate

If no opposition is filed (or after an opposition is resolved), the applicant pays the sealing fee (official certificate fee). The Registrar then issues a Certificate of Registration within roughly three to six months. The certificate confers an initial term of seven years. Registrations can be renewed indefinitely for successive periods of 14 years. Renewal applications must be filed at least three months before the expiry date, although late renewal is permitted within a one‑month grace period upon payment of a penalty fee.

The trademark registration procedure in Nigeria involves several stages, from filing to issuance of a certificate. Timelines can vary depending on the workload at the Registry, objections or oppositions; a smooth application usually takes 12–16 months.

Opposition procedure in Nigeria

The Nigerian system provides a structured opposition process. Once an application is advertised, any third party may file a notice of opposition within two months. Common grounds include prior registration or reputation, similarity that is likely to confuse consumers, or the mark being descriptive, deceptive or contrary to law. The opponent must state specific grounds and evidence. After the notice of opposition is filed and the fee paid, the applicant is served and must file a counter‑statement within the period prescribed by the Registrar. Both parties may submit further evidence and written arguments. The Registrar will hold a hearing if necessary and issue a decision either allowing or rejecting the opposition.

Duration of protection, renewal and use requirements

A Nigerian trademark registration is valid for seven years from the filing date and can be renewed indefinitely for 14‑year periods. Registered trademarks are territorial and confer on the proprietor exclusive rights to use the mark in connection with the goods or services covered. Nigeria operates a first‑to‑file system, so earlier filings generally take priority over subsequent users. However, honest concurrent use may be recognised in exceptional cases.

Actual use is not required before filing; an intention to use suffices. Nevertheless, the mark may be vulnerable to cancellation if it is not used for five consecutive years. Applicants should therefore plan to use the mark in Nigeria soon after registration or keep evidence of use. Non‑use cancellation actions are usually brought by third parties, and the Registrar rarely removes marks from the register without a court order.

Can I file online?

Yes. NIPO’s online platform allows applicants and agents to submit applications electronically, pay fees via Quickteller and track progress through a status‑checking module.

Conclusion

Nigeria’s trademark system offers straightforward and relatively inexpensive protection for distinctive signs. While the process involves several stages and requires representation by a local attorney, the country’s adherence to international treaties and use of the Nice Classification make it familiar to global brand owners.

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FAQ

Are multiple‑class applications possible in Nigeria?

No. Each class of goods or services must be filed separately. While this increases the number of applications, it allows applicants to file only in classes that are commercially relevant.

Are well‑known marks protected even if not registered in Nigeria?

Nigeria does not yet implement a comprehensive system for protecting unregistered famous marks. However, the Trade Marks Act allows defensive registrations for well‑known invented words, permitting the mark to be registered defensively for goods beyond those on which it is actually used to prevent dilution. Additionally, passing‑off actions may provide limited protection for unregistered marks.

Can I change information in my application in Nigeria?

Before the mark is registered, it is possible to amend applicant details or narrow the list of goods or services. Fees are payable for changes such as a change of name or address (about 10 ,934 NGN). Once the registration is granted, corrections may still be made but require additional formalities and fees.

Do I need to hire a local trademark attorney in Nigeria?

Yes. Foreign applicants must appoint a registered Nigerian trademark attorney to file and prosecute an application. Local representation ensures compliance with Nigerian law and provides an address for service within the country. Domestic applicants may file themselves but often still engage an attorney for guidance.

Does Nigeria participate in the Madrid System?

Nigeria has acceded to the Madrid Protocol but has not yet fully implemented its provisions. As of 2025, international registrations designating Nigeria are not accepted. Therefore, renewal of Nigerian trademarks must be handled through the national Registry.

How do I register a trademark in Nigeria?

Prepare a representation of the mark, compile your applicant details and list of goods or services, and sign a Power of Attorney authorising a Nigerian trademark agent. File the application with NIPO (usually through a local agent) and pay the official fees. After formal and substantive examination, your mark will be accepted and published. If no opposition is filed within two months, the Registry will issue a certificate, typically within 12–16 months.

How long does a trademark in Nigeria last?

A trademark in Nigeria is valid for seven years from the filing date. After the initial term, it can be renewed indefinitely in 14‑year increments.

Is a paper certificate issued in Nigeria?

NIPO issues electronic certificates by default, but applicants may request a paper certificate after paying the issuance fee. Certified copies are available for a fee of 8 ,000 NGN.

What can be protected as a trademark in Nigeria?

Any sign that is capable of distinguishing the goods or services of one business from those of another can be registered. Nigeria’s Trade Marks Act allows registration of words, names, letters, numbers, devices, brands, labels, signatures, colours, shapes and packaging or any combination thereof. Three‑dimensional marks and combinations of colours are also registrable.

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