– Trade Marks Act of 1967, Cap. T13, codified in the Laws of the Federation of Nigeria 2004.
– Trade Marks Regulations 1967.

– Paris Convention for the Protection of Industrial Property, Lisbon Act1958, since September 2, 1963.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 9, 1995.

Applicant: may be a manufacturer, a trading agent (with the permission of the proprietor), an individual, a firm or a corporation.

Excluded from registration: (1) the words “Patent”, “Patented”, “Registered”, “Registered Design”, “Copyright”; (2) the words “Red Cross” or “Geneva Cross” and representations of the Geneva and other crosses in red, or of the Swiss federal cross in white on a red ground, or in silver on a red ground or such representations in similar color(s); (3) representations of the arms of Nigeria or the arms of a region or state (or arms so closely resembling the same as to be likely to be mistaken for them); (4) representation of the national flag; (5) any words such as “Head of the Federal Government”, “State Governor” or any letters or devices if used in such a manner as to be likely to lead persons to thinking that the applicant is or has been employed by or supplies goods to the Head of the Federal Government or the State Governor of a state in his official capacity, whether or not such is the case; (6) identical and resembling trademark; (7) a name of a chemical compound or element; (8) deceptive or scandalous matter; (9) where a representation of the armorial bearings, insignia orders of chivalry, decorations or flags of any state, city, town, place, society, body corporate, institution or person appears on a mark, the Registrar before proceeding to register the mark requires to be furnished with a consent to the registrations and use of such emblems from such officials or other person as appears to the Registrar to be entitled to give consent and in default of such consent the mark is refused.

Service marks: registrable.

Colors: may be limited in whole or in part to one or more specified colors, and the fact that it is limited is taken into consideration by any tribunal having to decide on the distinct character of the trademark. If a trademark is registered without limitation of color, it is taken to be registered for all colors.

Collective and certification marks: possible.

Priority: not meant to be granted in practice, although provided for under the Act but subject to the designation of applicable states by the supervising Minister (this has not been done). 

Classification of goods: International Classification (11th Edition). One application must be filed for each class.

Territory covered: Federal Republic of Nigeria.

Filing requirements for an application (to be sent to resident agent):
1. Name and address of the applicant;
2. List of goods for which the application is sought;
3. A representation of the mark;
4. Power of attorney (or “authorization of agent”) signed by the applicant and in case of a body corporate any officer authorized to do so; designation of the signatory is required to be stated; legalization is not necessary.

Electronic filing: possible; if the trademark is a word mark, device, logo or composite mark, the representation of the mark in JPEG format is required.

Electronic signatures: are not accepted (only wet signatures). Scanned copies of wet signed documents are accepted for filing purposes only and the original must be submitted to the Registry before the application can be processed further.

For a change of name or address: certificate of change of name or address, simply signed, with verified English translation.

Examination: substantive examination is undertaken.

Opposition: possible within two months from publication of the application. No extension permissible.

Disputes about ownership: opposition proceedings before the Registrar to determine who is entitled to registration. Evidence in the form of statutory declaration admissible before the Registrar. Appeal lies to the Federal High Court from Registrar’s decision and from there to the Court of Appeal and the Supreme Court respectively.

Expected period of registration: frequent delays occur and registration can take up to two years or longer.

Duration: seven years, renewable at the first instance and further periods of fourteen years at every expiration thereafter.

Renewal: possible within three months prior to expiry date, and thereafter, the mark can be renewed upon payment of a penalty, if it has not been removed from the Register. 

Infringement and penalties: the proprietor of a registered trademark is given power under the Act to bring action in the Federal High Court against anyone to prevent and to recover damages for the infringement of the registered trademark. The common law action of Passing Off is also open to him. Apart from civil proceedings, he can cause a criminal prosecution to be undertaken against an infringer of his registered trademark under the Merchandise Marks Act Cap. 117 Laws of the Federation of Nigeria (1958 edition) provided prosecution is undertaken before the expiration of three years after the commission of the offense or one year after discovery thereof whichever expiration first happens.

Licenses: provided in the form of "registered user" under the Act. A registered user recordal may be either with or without conditions or restrictions. It is recommended that all licenses granted in respect of registered trademarks should be registered with the Registrar as user by such registered licensees (users) is deemed by the Act to be user by the registered proprietors when the question of use of the registered trademark comes into question.

Assignment: possible, with or without the goodwill of the business.

Annulment: a registered trademark may be taken off the Register in any of the following circumstances: (a) for non-use, on the request of any person concerned, if it can be established that the mark was registered without any bona fide intention of use and that there had in fact been no bona fide use of the trademark; or for non-use during a continuous period of at least five years during which the trademark was registered; (b) that the entry has been made in the Register without sufficient cause; (c) that an entry wrongly remains on the Register; (d) if the Registrar’s statutory notice to renew has not been complied with by the registered proprietor.

Compulsory licenses: none.