How to Trademark Your Business in Nigeria and Protect Your Brand Identity

In Nigeria’s business world, ideas spread fast and so do copycats. It’s funny how you might spend months or years building a brand name, logo, and strong business only to wake up one day and see someone else selling similar products under the same name. What’s worse, the person might even be growing faster than you, the founder. This is where understanding how to trademark your business in Nigeria becomes critical.

Why CAC Registration is not Enough

The mistake many entrepreneurs make is assuming that registering a business name with the CAC is enough protection for their business. The fact that you register with CAC is only a step to protecting your business from ‘copycats.’ CAC registration primarily prevents someone else from registering that same name. On a larger scale, it doesn’t stop them from using a confusingly similar name, copying your logo, or stealing your product concept.

Another important aspect of CAC registration is that it makes your business legal, but it doesn’t automatically grant you exclusive rights to your brand identity. For instance, if you register “Fresh Bakes” as your bakery, another person can start another bakery with “Freshly Bakes”, but with a similar logo as yours, as long as they don’t try to register the exact name.

It is in disputes like this that the Nigerian Trade Marks Act comes into play. Only a trademark gives you the legal power to stop others from using your name, logo, slogan, or even product design.

Imagine you run a growing cosmetics brand in Ilorin. You’ve spent years building your reputation, and suddenly a competitor starts selling a knock-off product with your name and similar packaging. Without a trademark, taking them to court is difficult, and even if you win, the process can be long and costly. With a trademark, you can send a cease-and-desist letter, sue for damages, and stop them from selling immediately.

Moving on, the question coming to mind is what can be registered as a trademark?

What Can Be Registered as a Trademark?

Business names, logos and slogans, unique product names or packaging, sounds or symbols, letters. You can also trademark colour mark among other relevant products.

If you’re in industries like fashion, cosmetics, food, or tech, trademarks can be the difference between keeping your edge and losing your identity.

Information Needed to Register a Trademark

1. The name, nationality, and address of the owner.

2. The type of entity (individual or corporation).

3. The real intent to use the trademark.

4. A description of the product being trademarked.

5. A representation of your trademark (e.g., an image of your logo).

6. The class of goods/services your trademark applies to.

7. An attorney if you’re a foreign citizen or company.

How to Trademark Your Business in Nigeria 

1. Search the Trademark Database

To begin with, ensure that you conduct a trademark availability check to confirm whether your name/logo already exists in the chosen class. You can visit the Ministry of Trade and Investment or use an accredited agent to confirm your name/logo is available.

2. File a Trademark Application

You can do this online or through a lawyer/agent on the Trademark Registry website. You’ll need:

• Your business details.
• A clear sample of the name/logo.
• The goods or services your brand covers.

3. Acceptance

If your trademark meets the necessary standards, an Acceptance Letter is issued. This confirms that you have been accepted and will proceed to publication.

4. Publication & Approval

After your application is reviewed and published in the Trademarks Journal, there’s a 2-month window for objections before final approval. In practice, IP lawyers help speed this up by compiling and submitting the publication details.

5. Trademark Certificate

Your trademark certificate gives you exclusive rights to use and enforce your brand identity in Nigeria.

Conclusion

Your brand is your most valuable asset. Don’t leave it unprotected. Therefore, learning how to trademark your business in Nigeria is one of the smartest investments you can make as an entrepreneur. It doesn’t just protect your creativity; by extension, it secures your future profits and keeps your brand firmly in your hands.