A trademark is anything capable of distinguishing a good or a product. It usually refers to a recognizable phrase, insignia, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. Trademarks are protected intellectual property in Nigeria and are registrable in the Trademark registry at the Ministry of Industry, Trade, and Investments. The Trade Marks Act, Cap T13, Laws of the Federation of Nigeria 2004 provides the statutory backing for Trademarks in Nigeria.
There are two major classes of trademarks (goods and services) as grouped by Nigeria's trademark law which cumulatively fall into 45 International Classes of goods and services. Businesses that have similar activities are grouped under the same class to prevent the same name and trademark from being registered in the same line of business. The duration of a Trademark is 7 (seven) years and on expiration, it can be renewed on application to the registrar for an additional period of 14 (fourteen) years, which shall count from the date of such expiration.
Under Nigerian law, the 45 International Classes of Goods (Class 1-34) and services (35-45) cover different business objects.
TRADEMARK CLASSES FOR GOODS
Class 1 (Chemicals)
Unprocessed artificial resins, unprocessed plastics, manures, fire extinguishing mixtures, tempering and soldering solutions, chemical agents for food preservation, tanning agents, industrial adhesives, and unprocessed plastics in the form of liquids, chips, or granules are just a few examples of the chemicals used in industry, science, photography, as well as in agriculture, horticulture, and forestry.
Class 2 (Paint Products)
For painters, decorators, printers, and artists, there are paints, varnishes, lacquers, preservatives against rust and the deterioration of wood, colorants, mordants, raw natural resins, and metals in foil and powder form.
Class 3 (Cleaning and Cosmetic products)
Bleaching solutions and further laundry-related products; cleaning, polishing, scouring, and abrasive solutions; detergents; fragrances, essential oils, cosmetics, hair moisturizers; and toothpaste.
Class 4 (Fuel, lubricants, and energy products)
Commercial lubricants and greases, oils, compositions that absorb, moisten, and bind dust, fuel and illuminants, candle, and threads for lighting, flammable fuel, power, and scented candles are just a few examples of goods and products that can be grouped under this class.
Class 5 (Pharmaceutical and Veterinary products)
Medicinal and veterinarian formulations, hygienic pharmaceutical planning and preparation, dietary meals and materials modified for use in medical or veterinary science, and baby nourishment; nutritional additives for both individuals and animals, dentistry waxes, slathers, treatment items, plugs for teeth, antiseptics, sewer rats' agents, insecticides, and herbicide.
Class 6 (Metals and Alloy products)
Prevalent aluminum and their steels, metal construction materials, portable structures made of metal, non-electric cables and wires made of common metal, ironmongery, small hardware items made of metal, pipes, and tubes made of metal, safes, and other items made of common metal not listed in other classes; Ores, ordinary metals that haven't been fully or partially wrought, metallic windows and doors, and metallic-framed conservatories.
Class 7 (Machines and Machine tools)
Engines and mechanical tools, motor and engine (apart from those in land vehicles), coupler and motion parts for machines (except those in land vehicles), hand-operated farming equipment, egg incubators, and automated vending machines.
Class 8 (Hand tool products)
Tools and equipment used by hand, cutlery, sidearms, razors, electronic razors, and hair clippers.
Class 9 (Computer software, Scientific and Safety equipment)
Instruments for recording, transmitting, or reproducing sound or images; magnetic data carriers; compact discs, DVDs, and other digital recording media; weighing, measuring, signaling, checking (supervision), life-saving, and teaching apparatus and instruments.
Class 10 (Medical and Surgical Instruments)
Instruments and tools for surgeries, medical, dental, and veterinary services, prosthetic limbs, eyeballs, and tooth, orthopedic devices, suture supplies, sexual aids, massaging devices, supporting bandages, and equipment adapted for medical use.
Class 11 (Environmental control apparatus- for cooking, lighting, refrigerating and sanitary purposes)
Electronic kettles, electric and gas burners, vehicle lights, and automobile air conditioning systems are examples of machinery used for illumination, warming, heating systems, cooking, refrigerator, dryer, ventilating, water systems, and hygienic purposes.
Class 12 (Vehicles, apparatus for locomotion by land, air, or water)
Assistive devices, engines, and motors for cars and trucks, vehicle structure pieces, and equipment for mobility by road, aircraft, or sea.
Class 13 (Firearm products)
Rockets, explosives, and weapons and missiles.
Class 14 (Jewelry products)
Jewels, accessories, precious gems, valuable metals, and their combinations, timepieces and clocks, horological and chronometric devices.
Class 15 (Musical Instrument Products)
Musical instruments and their accessories.
Class 16 (Paper and printed material products)
Journal articles, paperboard, and items manufactured from these substances that aren't included in other classifications, such as print materials, bookbinding materials, images, stationaries, glues for stationaries or household use, creatives' materials, art supplies, office equipment, office essential items (aside from furniture), educational and learning materials (aside from equipment), publishing blocks, printing' category, and printing supplies.
Class 17 (Rubber products)
Flexible non-metallic pipes, rubber, gutta-percha, gum, asbestos, mica, and products manufactured from these materials. Polymers in extrusion shape are used in production. Semi-finished plastics materials for use in further manufacture.
Class 18 (Leather products excluding clothing, footwear, and headgear)
Animal gear, including lashes, bridle, and saddlery, as well as real and fake leather, animal skins, hides, trunks, travel bags, handbags, rucksacks, and purses.
Class 19 (Non-metallic Building materials)
Building supplies made of non-metallic materials include non-metallic rigid pipes for construction, asphalt, pitch, and bitumen, as well as non-metallic transportable structures, monuments, and non-metallic frame greenhouses, doors, and windows.
Class 20 (Furniture Products)
Items made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, or plastic that are not included in other classes, such as furniture, mirrors, and picture frames, Outdoor furniture, couches, and pillows.
Class 21(Household, glass and kitchen utensils)
Combs, sponge, brush, ingredients for creating brushes, cleaning supplies, steel wool, items made of ceramics, glass, porcelain, or earthenware that are not included in other classifications, and both electric and manual toothbrush are examples of domestic or kitchenware and container.
Class 22 (Ropes and fiber products)
Sacks for transporting bulk objects; ropes, string, nets, tents, awnings, tarpaulins, sails, padding, and stuffing materials not composed of rubber or plastic; fiberless textiles in their raw form.
Class 23 (Yarns and Threads)
Yarns and threads for textile usage.
Class 24 (Textiles and textile goods)
Mattress and tabletop coverings, passenger's rugs, fabrics used to make clothing, duvet covers, and covers for pillow, cushions, and duvets are just a few examples of textiles and textile products, excluding bed covers and table covers.
Class 25 (Clothing, footwears and headgear)
Attire, accessories, and headwear.
Class 26 (Lace, Ribbons and Embroidery)
Hook and holes, ribbons, braiding, pin and needles, laces, and embroidery.
Class 27 (Floor coverings and Wall hangings)
Wallpapers, carpets, mats, pads, and flooring, as well as linoleum and other materials for decorating existing surfaces.
Class 28 (Games, Toys and Sporting equipment)
Sports and toys, card games, gymnasium and recreational equipment, Xmas tree ornaments, and child's toy motorbikes.
Class 29 (Meat and processed food products)
Beef, seafood, birds, and wildlife; ground beef extract; prepared, dry, and conserved vegetables except salad dressings; jelly, preserves, and chutneys; eggs, dairy, and milk products; consumable oil and fats; ready food; soup; and French fries.
Class 30 (Staple foods, beverages and spices)
Café, coffee, milk chocolate, sweetener, grains, cassava, synthetic black tea, cornstarch and grain preparations for pastry, pastries, and confections, ice cubes, syrup, molasses, fermentation, bicarbonate of soda, sodium, mustard, vinegar, sauces (condiments), and seasonings, as well as processed food such as sandwiches, pizzas, pies, and pasta dishes.
Class 31(Raw and unprocessed agricultural products)
Live animals, fresh produce and vegetables, seeds, organically grown flowers and plants in addition to foods for living creatures; agriculture, horticulture, and forest goods; malted; livestock beverages and food.
Class 32 (Beverages)
Brews, beers, minerals and sparkling springs, quasi-beverage, fruit juices and liquids, refreshment syrups, whiskey sours, de-alcoholised refreshments, and quasi-liquors and wineries. Excludes milk beverages (milk beverages, coffee, and cocoa beverages.
Class 33 (Alcoholic beverages, excluding beers)
Alcohols include wines, liquor, gins, sodas, and cocktail.
Class 34 (Smoking products)
Tobacco cigarettes, matches, and cigarette lighters.
TRADEMARK CLASSES FOR SERVICES
Class 35 (Advertising, business management, business administration, and office functions)
Office tasks, electronic information storage, devotion, and incentive software institution, managerial staff, and oversight; Web advertisements; the invention of broadcast and television advertisements; accounting and finance; auctioneering; industry events; surveys of public sentiment; data analysis; sharing of information of business data; and retail services related to the purchase of commodities.
Class 36 (Insurance, financial, monetary, and real estate services)
Accounting reporting is provided together with insurance, bank, brokerage, real estate developer, building society, and banking sectors. Value-added tokens are also given out in connection with bonus and loyalty programs.
Class 37 (Building construction, repair, and installation services)
Services for installing, maintaining, and repairing electronic components, as well as construction projects and maintenance, paint, and housekeeping.
Class 38 (Telecommunications)
services related to telecommunication, discussion forums, websites, e-mail, giving consumers internet access, and broadcasting radio and television broadcasting.
Class 39 (Transport, packaging, and storage of goods and travel arrangement).
Transportation, processing, and preservation of commodities; planning of travel; transmission of energy; provision of travel advice; and establishment of parking lots.
Class 40 (Treatment of materials).
Treatment of resources, picture development, duplication, and reproduction, and electricity production.
Class 41(Education, providing of training, entertainment, sporting and cultural activities).
Learning, education, entertainment, sports competitions, and cultural festivals.
Class 42 (Design and development of computer hardware and software, Scientific and technological services and research and design, industrial analysis and research services).
Services in the fields of science, technology, research, and design; services in industrial analysis and research; services in the design, development, and programming of computer hardware and software; services in the installation, upkeep, and repair of computer software; services in computer consulting; services in the design, commissioning, and writing of websites; and services in building, hosting, and maintaining other people's websites.
Class 43 (Services for providing food and drink; temporary accommodation).
Food and beverage services, temporary housing, restaurant, bar, and catering services, vacation lodging, restaurant, and vacation rental booking and reservation services, senior home services, and creche services are all available.
Class 44 (Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services).
Services in the medical field, veterinary medicine, hygiene and cosmetics for people and animals, agriculture, horticulture, forestry, dentistry, medical analysis for the diagnosis and treatment of people, pharmacy guidance, and garden design.
Class 45 (Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals).
Legal representation, property sales services, security agencies to safeguard individuals and their belongings social work services, health and safety consulting services, consulting services for personal appearance, personal tarot readings, dating services, funeral and undertaker services, firefighting services, and detective agency services are just a few of the services available.
The information contained herein is neither exhaustive nor does it constitute legal counsel. You can reach out to us if you require legal advice about protecting your brand trademark(s) via contact@legalpreneurconsulting.com or +234 8154141095
