Nigeria

Capital: Abuja
Population: 115 million
Major languages: English (official), Yoruba, Ibo, Hausa
Major religions: Islam, Christianity, indigenous beliefs
Form of government: Multiparty republic
Monetary unit: 1 Nigerian naira = 100 kobo
Main exports: Petroleum, petroleum products, cocoa, rubber
Internet domain: .ng
Time zone: GMT+1
International dialling code: +234

International Arrangements:

Nigeria is a member of the Paris Union.
However, it has not yet published a Convention Countries Order concerning Trade Marks and it is not possible, therefore, to claim convention priority.

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS*, CERTIFICATION MARKS, DEFENSIVE MARKS and SERIES MARKS.

Classification:

The International Classification of goods applies.

A separate application is required for each class of goods.

Documents required:

A. New Applications

• Power of Attorney (not legalised).
• 10 prints, even for word marks in ordinary type.

 

B. Renewals

• Power of Attorney (not legalised).
• 10 prints, even for word marks in ordinary type.

 

C. Assignments/Mergers

• Power of Attorney (not legalised).
• Deed of Assignment or other instrument of title, with verified English translation.

 

D. Change of Name

• Power of Attorney (not legalised).
• Certificate of Change of Name, with verified English translation.

 

E. Change of Address

• Power of Attorney (not legalised).

 

F. Licences/Registered Users

• Powers of Attorney (not legalised) from proprietor and licensee.
• Declaration and Statement of Case, with verified English translation.
• Licence Agreement, with verified English translation.

 

*Provisions for service marks are being introduced by Ministerial Decree in 2007 and the Registrar is now processing such applications. As yet, the Trade Marks Act has not been amended.

 

PATENTS

International arrangements:

• Paris Union (from 2 September 1963)
• WIPO (from 9 April 1995)
• PCT (from 8 May 2005)

Note: The law in Nigeria has not yet been amended to recognise the PCT. Although national phase applications are filed and accepted, we cannot guarantee that enforceable rights will be granted. Convention applications are recommended at this time.

Types of Patents available:

• Patents of Invention
• Patents of Invention National Phase PCT Application

Novelty requirements:
Absolute novelty is required. However the mere fact that, within six months before the filing date, the inventor or his successor in title has exhibited the invention in an official or officially recognised international exhibition, is no bar to novelty.

Filing requirements:

Patent of Invention:

• Power of Attorney (simply signed) (can be late filed, no set deadline)
• Specification, claims and abstract in English (required on the day of filing)
• Formal drawings, if applicable (required on the day of filing)
• Assignment of Invention (can be late filed, no set deadlines)
• Priority document with verified English translation (can be late filed within three months)

National Phase PCT application:
Nigeria patent legislation does not make provision for PCT applications, nor are filing requirements for such applications specified. At present, we advise applicants to lodge the same documents as for a non-PCT application, plus the following:

• Copy of International Publication
• Copy of International Search report
• Copy of International Preliminary Report on Patentability

 

Grant: The term of a patent is twenty years from the filing date. Renewal fees fall due annually but only become payable upon grant