Filing Requirements:
- Power of attorney, simply signed.
- Ten quality prints of the trade mark - device marks.
Classification:
-International classification of goods and services is followed.
MULTICLASSES:
-A separate application is required for each class.
Licensing/Registered Users:
Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.
The license agreement must provide for quality control by the licensor.
Requirements:
-Registered user agreement;
- Statutory declaration and statement of case;
- Power of attorney from the proprietor;
- Power of attorney from the user
Assignments:
Assignments may be made with or without goodwill.
Recordation is required.
Requirements:
- Deed of assignment;
- Power of attorney from the assignee.
Marking of Goods:
Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.
Goods bearing an indication of Nigerian origin are to bear a counter-indication of their true origin.
The Merchandise Marks Act forbids the importation of goods marked in such a way as to infringe trademark rights of other manufacturers. Goods which bear trade, or other marks, which are false or misleading are, in addition, prohibited.
Packages or containers of sale samples should be marked ‘Free Sample’ or ‘Free Specimen’.
There are special regulations for the following articles:
Weight on barrel and outer packing of any kind - cabin bread (in barrels); flour; gunpowder; lead shot; nails and tacks; rice; salt in bags; soap (other than toilet soap passed as such by customs); wools (including silk yarn); on outer bundles, and packets as retailed; yarns, (mercerised and noil).
Number and weight of inner packages and the weight on inner and outer packages - blueing, candles and sugar;
Measure - crochet cotton (on each piece and box and band around each skein label on each ball), thread on cards, reeled thread (on reels); and
The count and hanks (hanks equal 340 yards or metric equivalent) on bundles - yarns of all kinds except mercerised silk yarn and noil yarn.
Packaging weights and measures are structured so that it is an offence for anyone to import, sell, cause to be sold, expose or offer for sale or have in his/her possession for sale any goods ‘which bear any content markings not in exclusive metric terms of units’. All products with dual (metric and non-metric) markings will be confiscated or refused entry.
Opposition:
Opposition may be lodged within two months following the date of advertisement.
Use:
Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.
Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.
Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user.
Granting:
-The protection is for seven years, and starts from the date of application
Renewals:
-Every fourteen years