How to Check If Your Trademark Is Already Registered in Nigeria and How to Register Your Trademark

In Nigeria’s fast-growing commercial environment, brand identity is one of the most valuable assets a business can own. From startups and SMEs to established companies, protecting a name, logo, or slogan through trademark registration is essential for long-term success. However, many entrepreneurs overlook a critical first step—confirming whether their proposed trademark is already registered.

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What Is a Trademark Under Nigerian Law?

A trademark is a distinctive mark used to identify goods or services and distinguish them from others in the marketplace. It may consist of:

• A business or brand name

• A logo, symbol, or emblem

• Letters, numerals, or a combination

• A slogan or catchphrase

Trademark protection in Nigeria is governed primarily by the Trademarks Act (Cap T13, Laws of the Federation of Nigeria) and administered by the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.

Once registered, a trademark grants the owner exclusive rights to use the mark in relation to the approved class of goods or services.

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Why You Must Check Trademark Availability in Nigeria

Before adopting or promoting a brand, conducting a trademark search is not optional—it is a legal and commercial necessity. Checking availability helps you:

• Avoid infringing on existing trademark rights

• Reduce the risk of rejection by the Nigerian Trademarks Registry

• Prevent expensive rebranding and legal disputes

• Ensure your brand is distinctive and registrable

• Protect your investment in advertising and goodwill

In Nigeria, registering a business name or company with the Corporate Affairs Commission (CAC) does not automatically grant trademark rights. Trademark protection is a separate legal process.

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How to Check If a Trademark Is Already Registered in Nigeria

1. Clearly Define the Trademark You Want to Register

Start by identifying the exact mark you intend to use. Ask yourself:

• Is it a word mark, logo, or combination of both?

• Are there alternative spellings or phonetic similarities?

• Does the mark have a distinctive appearance or sound?

For example, a proposed mark like “KarePlus” may conflict with “CarePlus” due to phonetic similarity.

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2. Identify the Appropriate Trademark Class

Nigeria follows the Nice Classification system, which categorises trademarks into classes of goods and services.

Common examples include:

• Class 9: Software and technology products

• Class 25: Clothing and footwear

• Class 35: Advertising, marketing, and business services

• Class 41: Education, media, and entertainment

• Class 43: Hospitality and food services

Trademark protection is limited to the specific class or classes selected.

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3. Conduct a Trademark Search at the Nigerian Registry

Trademark searches are conducted at the Trademarks, Patents and Designs Registry. This search reviews:

• Existing registered trademarks

• Pending trademark applications

• Similar or deceptively similar marks

A proper search does not only look for exact matches but also for marks that could cause consumer confusion.

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4. Assess Similarity, Not Just Identical Names

In Nigeria, a trademark may be refused if it is considered confusingly similar to an earlier mark. This includes similarity in:

• Pronunciation

• Visual appearance

• Meaning or commercial impression

If the public is likely to associate your mark with another brand, registration may be denied.

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5. Use a Professional Trademark Search Service

While informal searches can be done, professional searches are more reliable and legally sound. Trademark agents understand registry standards and can advise on registrability, potential objections, and necessary modifications.

If you want a guided and simplified process, you can start your trademark search and registration through LegalDoc’s trademark registration service:
👉 https://legaldoc.ng/business/register-trademark-page/

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What If the Trademark Is Already Registered?

If an existing trademark is found, your options may include:

• Modifying the name or logo to improve distinctiveness

• Choosing an entirely new brand identity

• Registering in a different class where appropriate

• Seeking professional legal advice

Proceeding without resolving conflicts may expose you to opposition proceedings or infringement claims.

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How to Register Your Trademark in Nigeria

Once your trademark is confirmed to be available, registration can begin.

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Step 1: Prepare the Trademark Application

A Nigerian trademark application typically includes:

• Applicant’s full name and address

• Clear representation of the trademark

• Trademark class or classes

• Description of goods or services

• Power of Attorney (if filed through an agent)

Accuracy is critical, as errors can delay or invalidate the application.

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Step 2: File the Application with the Trademarks Registry

Upon submission, the registry issues an acknowledgement slip and application number, confirming the filing date and priority.

This filing date becomes legally significant if disputes arise later.

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Step 3: Examination by the Registry

The registry examines the application to ensure that:

• The trademark is distinctive

• It does not conflict with earlier marks

• It is not deceptive, generic, or prohibited

• Legal requirements have been satisfied

If objections arise, the applicant may be invited to respond or amend the application.

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Step 4: Acceptance and Trademark Journal Publication

Once accepted, the trademark is published in the Nigerian Trademark Journal, giving public notice of the proposed registration.

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Step 5: Opposition Period

After publication, third parties have a statutory period to oppose the registration if they believe it infringes their rights.

If no opposition is filed—or if opposition is resolved in your favour—the process moves forward.

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Step 6: Issuance of Certificate of Registration

When all requirements are satisfied, the registry issues a Certificate of Registration, confirming your exclusive rights to the trademark in Nigeria.

The trademark is renewable periodically and may be maintained indefinitely with timely renewals.

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Why Trademark Registration Is Important for Nigerian Businesses

Registering your trademark in Nigeria offers several advantages:

• Exclusive legal ownership of your brand

• Protection against imitation and brand dilution

• Ability to license, assign, or franchise the trademark

• Increased credibility with customers and investors

• Stronger position in disputes and enforcement actions

A registered trademark is also recognised as an intellectual property asset that adds measurable value to your business.

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Trademark Registration vs Business Registration in Nigeria

It is important to understand that:

• CAC registration protects your business name, not your brand identity

• Trademark registration protects your brand, logo, or slogan

For complete protection, businesses should register both their business entity and their trademark. If you have not yet registered your business with the CAC, you can do so here:
👉 https://legaldoc.ng/register-your-business/

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Common Mistakes to Avoid

Some frequent errors that lead to trademark rejection include:

• Skipping a proper trademark search

• Choosing descriptive or generic names

• Filing under the wrong class

• Incorrect representation of logos

• Assuming CAC registration equals trademark protection

Avoiding these mistakes saves time, money, and legal stress.

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When Should You Register Your Trademark?

You should consider trademark registration in Nigeria:

• Before launching your brand publicly

• Before investing in marketing or advertising

• When expanding into new markets

• When licensing, franchising, or seeking investors

Early registration ensures clarity and long-term brand security.

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Conclusion

Checking whether a trademark is already registered in Nigeria is the foundation of effective brand protection. A thorough search reduces the risk of infringement, rejection, and disputes. Once availability is confirmed, trademark registration secures exclusive rights and provides strong legal backing.