SHOULD YOU REGISTER YOUR TRADEMARK? 

A Trademark is a sign, a symbol, a design, or any expression which identifies and differentiates a person’s or an organisation’s product or services from that of others.  

Company logo, Business Names, Product Names, Logos, and labels used in commerce (to conduct business) are trademarks and should be secured against imposters, unfair competitors, and counterfeiters. 

Whether you are Start-up business or an old business the need to register your trademark cannot be over emphasized; A registered trademark will entitle you to institute any proceedings to prevent, or to recover damages for the infringement of your registered trademark; So when you wilfully decide not to register your trademark be rest assured you have succeeded in waiving your right, this however, is without prejudice to your rights of action against any person passing off his/her goods as yours. 

If you plan to expand your business and reach out to new markets, it would be wise to register your trademark, so that no confusion arises if another company or business name use the same or a similar name as yours. So yes, you should totally register your trademark 

REGISTRABLE TRADEMARKS 

• A company’s logo, firm’s or an individual’s name represented in a special manner. 
• Trademarks not similar or nearly resembling an already existing trademark 
• Invented Word 
• Any Distinctive Mark, word, design, label, device, Signature, numerals, or combination thereof.  

NON-REGISTRABLE TRADEMARKS 

1. Trademarks that may cause ‘likelihood of confusion: This simply means that identical marks on similar goods and similar marks on identical/similar goods. The Test is to see whether consumers will confuse an already registered trademark for the one sought to be registered in the absence of the already registered Trademark, that is a whether a consumer can distinguish the similar trademarks. 

1. Trademarks that lack distinctive character:  The essence of a trademark is to identify the consistent source of the goods or services to the consumer therefore for a trademark to be registered it must be distinctive to the consumers. Trademarks are either inherently distinctive or through long usage by the owner. 

1. Generic Names: Generic names are names used commonly by people to name an entire category or class of products. The rationale for creating the category of generic marks is that no manufacturer or service provider is given exclusive right to use words that generically identify a product.  

Businesses need trademarks to individualize their products and reach out to consumers and communicate its source while advertising and selling the goods. 

HOW TO REGISTER YOUR TRADEMARK 

Get an accredited agents or Law firms and provide the following information 

1. Power of attorney authorizing the accredited agent to register on your behalf 

1. Name and Address of the Trademark Owner 

1. The product’s Class 

1. Name and specimen of the Trademark 

A summary of the process is thus: 

1. Availability search: This is a search conducted at the registry for the availability of the trade mark you want to register. If the search is positive then an application for the registration of the trademark can be made. 

1. Issuance of acknowledgment and Acceptance Forms.  

1. Publication in the Trademarks Journal: if after two months of publication there is no opposition by any person as to the registrability of your trademark then Application for certificate can be made 

1. Issuance of Certificate: the certificate is valid for 7 years, to be subsequently renewed.  

Only accredited agents or organisations of the trademarks patent and design registry, commercial law Department of the Ministry of trade industry and investment can register trademarks. To get accredited visit http://www.iponigeria.com/#/