Trade Marks Act (Cap T13 LFN 2004)

Apply to the Trademarks Registry in writing with: a representation of your mark (logo/name), the goods/services it covers, and the prescribed fee. You must be the owner or intend to use the mark.

The Registrar searches existing trademarks to check for conflicts before accepting your application. Similar or identical marks for similar goods will cause problems.

Accepted applications are published so others can oppose. If no one opposes within the deadline, or opposition fails, your mark proceeds to registration.

Anyone can oppose your trademark application within 2 months of publication. They must state grounds. You can file a counter-statement. The Registrar decides the opposition.

If no one opposes or opposition fails, your trademark is registered effective from your application date. This backdates your protection to when you first applied.

Initial registration lasts 7 years. You can renew for 14-year periods indefinitely. Apply before expiration to maintain protection. Renewal requires payment of prescribed fees.

Trademark owners can sue for: damages (compensation), injunctions (stop the infringer), account of profits (take their earnings). Defendants can challenge whether the registration was valid.

Falsifying trademark records or producing fake trademark certificates is a criminal offence punishable by up to 2 years imprisonment.

Falsely claiming your mark is registered (using ® symbol when not registered) is a criminal offence. Only use the ® symbol if actually registered.

Using someone else's registered trademark or a confusingly similar mark on the same or similar goods is infringement. The mark owner can sue to stop you and claim damages.