Renewal of Trademark is provided for in the Trademark Act LFN 2004 (the Act), which is the principal legislation regulating trademarks in Nigeria. By virtue of Section 23 of the Trademark Act, a registered trademark is valid for an initial period of seven (7) years upon registration but may be renewed for a period of 14 years thereafter.
REQUIREMENTS
The following information will be required for the renewal of the trademark;
• Certificate of Registration of the Trademark
• The Power of Attorney
• Evidence of payment of the prescribed renewal fees
• Particulars of Applicant
• Particulars of the Trademark including trademark type, file or trademark number, logo description, and class of goods or services to be renewed.
PROCEDURE
The application for the renewal of a registered trademark must be made within three (3) months from the due date. By virtue of Section 23(3) of the Trademark Act, the Registrar has a responsibility to notify the Proprietor of the trademark of the expiration date of the mark before its expiration.
In accordance with Section 23 (2) of the Trademark Act, the process for renewal of trademark is initiated before the expiration of the mark at Trademark, Patent and Design Registry under the Federal Ministry of Industry, Trade and Investment by an application accompanied by the initial expired Trademark Certificate and made by the Proprietor of the trademark to the Registrar.
Upon receipt of the application and payment of the prescribed fee, the Registrar shall renew the mark for a subsequent fourteen (14) years from the date of expiration of the original registration or the last renewal where applicable.
CONSEQUENCES OF NON-RENEWAL OF A TRADEMARK
It is important to note that under Section 23 (3) of the Trademark Act, the failure of a proprietor to renew a mark before its expiration can be a ground for the removal of a trademark in the Register of Trademark. Therefore, a trademark that is due for renewal and has not been renewed even after the Proprietor of the mark has been duly notified by the Registrar will be removed from the register of trademarks.
Notwithstanding the removal of the trademark as a result of non-payment of the prescribed renewal fee, the mark will be deemed to be a trademark that is on the register for the purpose of any application for the registration of a trademark during one year after the date of removal except there has been no trade use of the mark which has been removed during the two years preceding its removal.
CONCLUSION
A trademark is a tangible asset and ought to be safeguarded continuously. The Trademark Act does not restrict the number of times a trademark can be renewed; therefore, a trademark may be renewed for as long as the mark remains in use.
By Blessing M. Essien
Disclaimer: Please note that the critical items highlighted above are solely for academic purposes and should not be taken as legal counsel. For further information, kindly send an email to b.essien@zuriel.com.ng, or info@zuriel.com.ng or contact our office, Zuriel Law Practice , 14a Dasilva Street, Off Ayo Jagun Street, Lekki Phase 1, Lagos.
Sources
- Photo credit: https://amdsolicitors.com/wp-content/uploads/2017/05/shutterstock_1421346197-1.jpg
- The Trademark Act, CAP T13, LFN 2004.
- Procedure for Trademark Renewal in Nigeria; www.mondaq.com