The Meridian

In short: a Nigerian trade mark is registered at the Trademarks, Patents and Designs Registry under the Trade Marks Act. The route is search, application, acceptance, publication in the Trade Marks Journal, a two-month opposition window and then the certificate. Registration lasts seven years from the filing date and is renewable for fourteen-year periods. Unregistered names are not unprotected: passing off remains available where a business has goodwill.

Why register at all

Registration gives the owner a statutory right to stop others using the same or a confusingly similar mark for the registered goods or services, without having to prove reputation each time. The Registry’s acceptance letter can be used while the certificate is pending, for example in NAFDAC product registration. For businesses raising capital or licensing a brand, a registered mark is also the asset an investor or licensee can diligence.

The six steps

1. Availability search. A search of the register for conflicting marks in the relevant class, producing a search report.
2. Application. Filed with the applicant’s name, nationality and address, a representation of the mark, the class and the specification of goods or services, a power of attorney in favour of a registered trade mark agent and the official fee. The Registry issues an acknowledgement.
3. Examination and acceptance. If the mark is distinctive and does not conflict, the Registrar issues an acceptance letter.
4. Publication. The accepted mark is published in the Trade Marks Journal.
5. Opposition. Any person may oppose within two months of publication (section 20(1)). An applicant served with an opposition has one month to file a counter-statement.
6. Registration. If there is no opposition, or it fails, the mark is registered (section 22(1)), with effect from the filing date (section 22(2)), and a certificate issues.

Classes

Nigeria uses the Nice Classification of 45 classes. Each class needs its own application. A clothing label files in class 25; a fintech typically considers class 9 (software) and class 36 (financial services); a restaurant considers class 43. Choosing the specification carefully at filing is cheaper than fighting about scope later.

How long it takes

There is no guaranteed statutory timetable. Adeola Oyinlade & Co. noted in October 2026 that the Registry’s published service information gives two weeks as an indicative examination period, but that a straightforward application can still take several months end to end. Plan launches and licensing around the acceptance letter, not the certificate.

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Duration and renewal

Under section 23, registration lasts seven years and is renewable for periods of fourteen years. Renewal is filed with the certificate, a power of attorney and the prescribed fee. A missed renewal is one of the most avoidable ways to lose a brand.

Before registration: passing off

A pending or unregistered mark can still be protected through the common-law action for passing off. The claimant must show goodwill in the name, a misrepresentation likely to lead buyers to believe the defendant’s goods are the claimant’s, and damage or likely damage to that goodwill. A letter before action, backed by evidence of sales and reputation, can resolve copycat use without litigation.

Checklist for founders and in-house counsel

• Search before you brand, not after.
• File in every class you trade in or plan to trade in within the next few years.
• Diarise the opposition window and the renewal date.
• Keep dated evidence of use and sales; it carries a passing-off claim and answers non-use attacks.
• Record assignments and licences at the Registry when the mark changes hands.

For the deals and disputes behind Africa’s brands, see the Africa IP Rankings and Transactions Database.

Sources: Adeola Oyinlade & Co., 1 October 2026; Mandel Solicitors, 21 November 2025. Section references are to the Trade Marks Act. This article is general information, not legal advice.