Trademark Opposition in Nigeria
TRADEMARK OPPOSITION IN NIGERIA
Trademark Opposition in Nigeria may be filed after the acceptance of the mark by the Trade Marks Registry, and the publication of the mark in the Trade Mark Journal.
Any person who believes that the trademark should not be registered is required to oppose such registration through his attorney by filing the Notice of Opposition in the prescribed form within 2 months from the date of publication. Where the Notice has been filed, the applicant is expected to file a counter-statement in defense of the registration of the mark.
GROUNDS UPON WHICH TRADEMARK OPPOSITION PROCEEDINGS MAY BE INSTITUTED IN NIGERIA
The registration of a published mark may be opposed on the following grounds:
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The mark would dilute or conflict with the opponent’s “famous” mark;
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The mark is suggestive, similar or identical to an earlier or existing trademark;
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The mark is devoid of any distinctive character or is descriptive or functional for its goods and services;
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The mark is likely to deceive the public or cause confusion;
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The mark is generic or customary in the established practices of the goods and services;
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The mark is scandalous or is contrary to public policy;
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The mark is generic for the Applicant’s goods and/or services.
REQUIREMENTS FOR FILING A TRADEMARK OPPOSITION IN NIGERIA
To file a trademark opposition in Nigeria, the following are required:
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A duly executed Power of Attorney. No Notarization or legalization is required;
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Name, address, and nationality of the applicant/opponent;
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Information about the trademark and proof of use;
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Details about the opposed mark;
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Grounds for filing the opposition.
Lex Artifex LLP attorneys work with transnational corporations and foreign law firms from around the world on trademark and brand protection services in Nigeria.
For a business-focused IPR advice, contact a member of our team directly or email lexartifexllp@lexartifexllp.com; call or WhatsApp at +2348039795959.
Trademark Opposition in Nigeria