HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Nigeria

HOW TO REGISTER A PATENT



Nigeria is a member of the International Convention and the PCT (since 8 May 2005).

The requirements for filing a non-PCT application in Nigeria are as follows:

  1. Power of Attorney - no legalisation or notarisation necessary;
  2. Assignment of Invention - no legalisation or notarisation necessary;
  3. Specification, claims, drawings, and abstract in English; and
  4. Certified copy of priority application and, if necessary, a certified translation into English thereof.

Please note that the documents listed under item (c) are required on the day of filing. Items (a), (b) and (d) can be lodged subsequent to the filing date.

The requirements for filing a PCT application in Nigeria are as follows:

  1. Power of Attorney - no legalisation or notarisation necessary;
  2. Assignment of Invention - no legalisation or notarisation necessary;
  3. Specification, claims, drawings, and abstract in English; and
  4. Copy of PCT International publication.

Please note that the documents listed under item (iv) are required on the day of filing. Items (i), (ii) and (iii) can be lodged subsequent to the filing date.

Our cost estimate for filing a patent application in Nigeria is between about US$ 2300.00 and US$ 2500.00 (excluding translation charges if we are not provided with an English specification). To this must be added about US$ 500.00 for the first annuity due upon filing.

Furthermore, in the case of a PCT application, the second annuity (due on the first anniversary of the international filing date) and sometimes even the third annuity (due on the second anniversary of the international filing date) may also be due upon filing at a further cost of about US$ 300.00 per annuity.


HOW TO REGISTER A TRADE MARK



1.   Filing requirements

  1. Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
  2. List of goods and/ or services.
  3. A simply signed power of attorney.
  4. Clear prints of device mark.

2.   Classification

  1. The International classification of goods and service classes 1 - 43 are followed.
  2. Multi-class - No.

3.   General

  1. Duration: 7 years from filing date and renewal for further periods of 14 years.
  2. Use: If not used for a continuous period of 5 years, a mark may be removed from register.
  3. Licenses: Permitted.
  4. Assignments of applications are permitted.
  5. Searches available within approximately 10 - 15 working days from instruction and are conducted both manually and on an online official register.

4.   Costs USD

  1. a) Application: First trade mark $1360.00, additional marks filed simultaneously $1100.00 each.
    b) Registration fees: $490.00 per mark.
  2. Assignment: First trade mark $990.00, additional trade marks filed simultaneously $490.00 each.
  3. Change of name or address: First trade mark $490.00, additional trade marks filed simultaneously $290.00 each.
  4. a) Renewal: First class $950.00, additional marks renewed simultaneously $720.00 each.
    b) Late renewal fine: $190.00 per mark.
  5. a) Search: 1st mark: $550.00; additional marks $450.00 each.
    b) Status search: $470.00 per mark.


* Above quotations exclude courier charges.

** Please note that the application fee covers the filing costs and normal prosecution costs only.  Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.

*** Please note that registration fees are dependable on the year in which the mark reaches registration

**** Priority claims;
Please note that whilst the Trademarks Act provides in various sections for priority trademark applications and the procedure for claiming them, unfortunately, the legislative backing required to effect these has yet to be enacted. The effect of this is that as far as trademarks are concerned, no priority claims may be made in or extended to Nigeria.
In the light of the above, trademarks are treated by the Registry, as a first application. Priority dates may be included in the application for filing as the Registry is not averse to this, however the full legal implication of this date is unlikely to be implemented at the Registry at this time



HOW TO OBTAIN DESIGN PROTECTION



Design protection is obtainable via a national filing. Nigeria is a member of the International Convention.

The requirements for filing an application in Nigeria are as follows:

  1. Declaration and Power of Attorney - no legalisation or notarisation necessary;
  2. 6 sets of formal drawings;
  3. Assignment of Design; and
  4. Priority document with verified English translation thereof.

Please note that the documents listed under item (b) are required on the day of filing. Items (a), (c) and (d) can be lodged subsequent to the filing date.

Our cost estimate for filing a design application in Nigeria is between about US$ 2300.00 and US$ 2500.00.

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