IN D E X

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LCCI BUSINESS YEAR BOOK 2012
the device or product registered or to be
registered, the name of the applicant, the
trade or business address of the applicant,
the date of the application; full name and
address of the agent and finally, the
application is addressed to the Registrar
of Trade Marks, Abuja. Where application
for registration of trade mark is
accompanied by additional representation
(Form3), one representation of the trade
mark must be affixed on the form (Form
3). This representation must correspond in
all respects with the representation
affixed to the application form. Any
representation larger than the space
provided may be folded but must be
mounted upon linen or other suitable
material and affixed thereto. Finally, four
additional representation of the Trade
Mark must accompany the application
form.
Step 3
After the application for the registration
of trade mark has been filed at the
Registry, the Registrar will issue to the
agent, an official acknowledgment
showing the number, the date of filing of
the application, name of the applicant, the
device sought to be registered and class of
the trade mark. The acknowledgment will
also inform the applicant that his
application is receiving the attention of
the Registrar.
Step 4
The next major step is that the registrar
will cause a preliminary search to be
conducted in respect of the mark. The
essence of the search is to ensure that the
new sought to be registered is not
identical and or does not nearly resembles
a mark that had hitherto been registered;
and to guide against a situation where the
public will be deceived or confused as to
the two marks.
After considering the application and any
evidence which the applicant may
furnish, the registrar may accept the
application absolutely or may object to it.
If the he object to the application, this
must be communicated in writing to the
applicant; and the applicant will be
deemed to have withdrawn his application
unless he applies for hearing or makes a
considered reply to the objection within
two months. Where there is no such
objection, the application will be accepted
by the registrar, and he will give
Acceptance Notice to the applicant.
The Acceptance Notice will state
amongst other, the number of the
application, number and date of the
earlier Acknowledgment letter, as well as
the class of Trade Mark. The acceptance
Notice will also inform the applicant that
the application will be advertised in the
Trade Marks Journal in due course.
Step 5
After the acceptance by the Registrar, the
application must be advertised in the
Nigerian Trade Marks Journal. The
registrar is to specify the duration and
manner of such advertisement.
Application may be opposed by any
person within two months from the date
of the advertisement in the Journal. This
is effected on Form 6. the Notice of
opposition must amongst others, the
application number, the name and
address of the applicant, name and
address of opponent, the number of class,
the Trade Mark Journal, date of
advertisement, grounds of opposition. If
registration is opposed on the ground that
the mark resembles marks already on the
Register, the number of those marks and
of the Journals in which they have been
advertised are to be set out. Finally, the
Notice will also state the address for
service in Nigeria of documents relating
to the proceedings and must be signed by
the opponent.
On receipt of the opposition, the
applicant must within one month from
the date of receipt, file a counterstatement
on Form 7, setting out the
grounds for his application. The counterstatement
must state the opposition
number, name and address of the
applicant, grounds on which the
applicant relies for his application.
Step 6
Consequent upon receipt of this notice
from the applicant, the registrar must
send the duplicate of such notice to the
opponent within one month of receipt of
same. The opponent will supply evidence
by way of statutory declaration in support
of his application. However, where no
such evidence is received, opponent is
deemed to have abandoned his
opposition.
1275
Within one month from the receipt of
opponent's evidence, applicant must file
his evidence by statutory declaration in
reply. When evidence is supplied, the
matter is set down for hearing. Parties
who intend to appear must notify the
Registrar on Form 8 within 7 days from
receipt of notice. The notice to appear
must state among others, the name and
address of the party intending to appear.
If no oppositions are received from any
opponent, the registrar will issue the
applicant with certificate of registration
in Form 11. The certificate must state
amongst others, that the mark either been
registered in Part A or B, the class, and
number of the mark. The certificate must
also state underneath that the registration
is for seven years from the date of issue,
and may be renewed, for another period
of fourteen years. It must also state that
the certificate is not use in legal
proceeding or obtaining registration
abroad. A copy of the mark shall be
affixed to the certificate.
Step 7
As stated above, the validity period for
Nigerian Marks is seven years. After
such time it is renewable for another
period of fourteen years. Application for
renewal must be brought within three
months before the expiration of the last
registration. This is usually on Form 12.
If within twelve months from the date of
application, registration is not
completed, notice in writing will be
given to the applicant by the registrar on
Form 9. If after fourteen days from the
date of the said notice, registration is not
completed, application will be deemed to
have been abandoned.
Step 8
After two months from the date
advertisement in the Journal upon
payment of the prescribed fee by the
applicant, the Registrar will enter the
trade mark in the Register to Trade
Marks. If an applicant dies after the date
of his application but before the mark is
entered in the register, the Registrar on
satisfaction of the applicant's death, will
enter the name and address of the person
owning the trade mark in place of the
deceased applicant.