Nigeria: INTELLECTUAL PROPERTY RIGHTS AND FILING REQUIREMENTS

The Department of Commercial Law under the Federal Ministry of Commerce & Industry (also known as Registry of Trademarks,Patents&Designs)is responsible for the registration and administration of Industrial Property Rights in Nigeria. There is a separate body for the administration copyright registrations known as Nigerian Copyrights Commission (NCC) and is located under Federal Ministry of Justice.

Patent Registration

General Info:

Patents are valid for 20 years from date of filing of the application.

Nigeria is party to PCT and Paris Convention.

The non-extendable priority period to enter the national phase of a PCT application is 30 months from the earliest priority.

Annuities are payable by payment of required official fees

There is no substantive examination of patent applications under the current IP System in Nigeria.

Filing Requirements

1. Details of the applicant (Name, current address and legal status), Details of the inventor(s) (name, current address, nationality and profession).

2. Full specification i.e. description, claims, abstract, drawings (if available) in English.

3. Copy of International Publication in case of a PCT application.

4. Simple signed Power of Attorney signed by an authorized signatory on behalf of the applicant in English

5. Simple signed Deed of Assignment signed by all inventors of the application.

Item nos. 1, 2 & 3 are required on the day of filing. Items listed in point no. 4 & 5 can be submitted at a later date.

Trademark Registration

General Info:

A trademark registration is valid for first seven years from the filing date of the application and renewable every 14 years thereafter.

A registered trademark becomes redundant if not used for a continuous period of five years.

Multiple class registration is not allowed in Nigeria. Each mark in a different class is filed in a separate application.

Nice classification of marks is followed.

Filing Requirements

1. The details of the applicant (name, address and nationality)

2. Representation of the mark and the list of goods and services should be detailed.

3. A simple signed Power of Attorney is required for filing a Trademark application in Nigeria.

Item no. 3 can be filed at a later date.

Design Registration

General Info:

Design Registration is valid for five years (from the date of filing) initially, thereafter the registration can be renewed for two consecutive terms of five years each.

Nigeria is party to Paris Convention and WIPO.

Absolute Novelty is required for registration of Industrial Design in Nigeria

Filing Requirements

1. Details of applicant (name, current address, legal status), designer (name, current address & nationality).

2. Simple signed Power of Attorney in English.

3. Simple signed Deed of Assignment signed by the designer(s) of the application in English.

4. Clear drawings or photographs of the design.

5. Certified copy of priority document, in case a priority if claimed along with sworn translation of the document in English if the original document is not in English.

Item nos. 1 & 4 are required on the day of filing. Items listed in point no. 2, 3 & 5 can be submitted at a later date.