What is a Trade mark?

A trade mark is a sign used by an individual, business, organisation or other legal entity, to distinguish its goods and services from those of competitors. It can be for example words, logos, design, image, phrase or a combination of these elements.
Why register Your Trademark?
Trade mark registration allows you to put the ® symbol on the goods or services that it covers. It gives you the right to take legal action against anyone who uses your trade mark without your permission. Some trademarks go on to be worth millions so you can sell it or franchise it to third parties.

Leaving your trade mark unregistered can mean that another business may register your company name as a trade mark and therefore have more rights to use your business name than you do.
How do you register a Trademark?
The only way to register your trade mark is to apply to the local Registrar of Trademarks or Intellectual Property Office. Trademarks are registered in one or more of 45 classes, with goods in Classes 1 to 34 and services in Classes 35 to 45.
When applying, it is important that you conduct a search to confirm that nobody else has registered the same or a similar trade mark for the class of goods or services. It is essential that you get your trade mark properly registered, as you cannot amend after your application has been submitted.
How long does the registration take?
Registration usually takes round 4-6 months if the examiner doesn’t raise objections and it is not opposed. However, it can take longer if any objections are raised by owners of similar registered trademarks or by The Intellectual Property Office.
If you are interested in Trademark Registration and would like to discuss how we may be able to assist you, please contact us by email at trademarks@upscale.com.ng