African Regional Intellectual Property Organization (ARIPO)
Algeria
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Nigeria
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
Nigeria
Forms part of
OAPI
ARIPO
International Arrangements
Nigeria is a party to the Paris Convention for Protection of Industrial Property, however, it is not possible to claim priority as Nigeria’s national trade mark legislation has not been amended to give effect to the Paris Convention.
Classification
Nigeria follows a single class filing system in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are not recognised in Nigeria.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention
PCT
Types of patents
National patents
Novelty requirements
Absolute
Grace period/Prior knowledge
Six months (internationally recognised exhibitions only)
Examination procedure
Formal examination only.
Grant.
Duration and maintenance
Duration is twenty years from the filing date of the application.
Annual maintenance fees are payable on each anniversary of the patent, the first falling due on the date of filing.
A six months grace period is provided for late payment.
Working requirement
Sufficient working to meet demand within four years of filing or three years from grant (whichever period ends later), failing which patent may become subject to grant of compulsory licence.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention
Novelty requirements
Absolute
Grace period/Prior knowledge
Six month grace for exhibition in officially recognised exhibitions.
Examination procedure
Filing (Registrar)
Search
Formal examination
Registration
Duration and maintenance
Five years from the date of filing, twice renewable with another five-year period, to a maximum of fifteen years.
Working requirement
A compulsory license may be granted if the design has not been used in Nigeria after the later of expiration of four years from filing the design application or three years from registration.
10th Edition