Frequently Asked Questions

Frequently Asked Questions – Let'sTalkIPwithDaphne™

Intellectual Property (IP) simply means the exclusive rights you have over the things you create with your mind. Examples are a name for your brand, a song you wrote, a design you made, or even an invention. These creations of mind become intangible assets in the form of IP.

In Nigeria, IP usually falls into four main categories:

  • Trademarks: Protect your brand names, logos, or slogans.
  • Copyright: Protects creative works like music, books, movies, and art.
  • Patents: Protect inventions — new ways of doing something or new products.
  • Industrial Designs: Protects how a product looks (its shape, pattern, or decoration).

A trademark is any sign, word, logo, or even a sound that helps people know your brand. It differentiates the source of goods/services from another source of goods/services. Think of the MTN yellow logo or the name "Dangote." It tells customers: "this product or service comes from this company."

Registering your trademark in Nigeria gives you the exclusive right to use it. It stops others from copying or using your brand name without your permission.

You apply through the Nigerian Trademarks, Patents and Designs Registry. The basic steps are:

  • Conduct a search to be sure no one else has registered a similar name or logo.
  • Complete an application for your trademark.
  • Wait for the Registrar to examine your application. If successful, you will be issued a notice of acceptance.
  • Wait for your trademark to be published in the Nigerian Trademark Journal.
  • If there are no objections within the two-month publication period, your trademark can be registered.
  • Apply for registration certificate and the Registrar will issue the certificate after due process.

In Nigeria, a trademark is valid for 7 years initially. After that, you can renew it every 14 years for as long as you want.

No, it's not automatic for everything. When you register a trademark, you must select a specific class of goods or services (like clothing, food, tech, beauty products, etc.). If you want protection across multiple areas, you must file applications for each class you want.

Yes! But just registering a business name with CAC does not automatically protect it as a trademark. You must register it separately as a trademark to enjoy full legal protection.

No. Trademark protection is territorial, it only covers Nigeria. If you want protection in other countries, you must apply separately in each country or use systems like the Madrid Protocol (an international trademark system).

Copyright protects the original works you create, like songs, videos, books, artwork, or software, from being copied, used, or sold without your permission.

No. In Nigeria, once you create something original and put it down (like recording it, writing it, drawing it), you automatically get copyright protection. However, registering your copyright with the Nigerian Copyright Commission gives you solid evidence that you own it, in case there is ever a dispute.

Examples include:

  • Music and lyrics
  • Movies and TV shows
  • Books, articles, and poems
  • Paintings and sculptures
  • Computer programs
  • Architectural designs
  • For literary, musical, and artistic works: the creator's life + 70 years after death.
  • For films, sound recordings, and broadcasts: 50 years after first publication.

Yes, you can. Copyright is like property, you can license it, sell it, or even leave it in a will.

Not automatically everywhere. Copyright protection is mostly territorial, meaning it protects you in the country where it was created. However, because Nigeria is part of international copyright treaties like the Berne Convention, Nigerian works are protected in other member countries too (such as U.S., U.K., Canada), without needing to register again there.

A patent protects inventions, like a new machine, a new medicine, or a new way of doing something. It gives you the right to stop others from making, selling, or using your invention without your consent.

A Nigerian patent lasts for 20 years from the date you file your application, but you must pay yearly renewal fees to keep it active.

You can't patent ideas, scientific discoveries, or things that are purely aesthetic (those are for industrial designs).

Industrial design protects the appearance of a product, like the shape of a bottle, the pattern on a fabric, or the unique design of a phone.

It is protected for an initial period of 5 years, renewable for two more periods of 5 years each (maximum 15 years).

A trade secret is any valuable information that gives a business a competitive edge, like recipes, formulas, or client lists. Think of the formula for a popular soft drink like Coca-Cola. It is kept confidential.

There is no government registration for trade secrets. Instead, businesses protect trade secrets through contracts, confidentiality agreements (NDAs), employment agreements, and by limiting who can access the information. Remember, a trade secret protected by keeping it private, not by registering it with the government.

IP can be one of your biggest business assets. Protecting it means:

  • You control how others use your creations.
  • You can make money by licensing or selling your rights.
  • You prevent others from stealing your ideas or brand.

You can start the process yourself, especially for copyright and trademarks. But working with an IP lawyer helps avoid costly mistakes, especially if your brand is growing.

  • Trademarks, Patents, and Industrial Designs: Through the Nigerian IP Office (Commercial Law Department, Federal Ministry of Industry, Trade and Investment).
  • Copyright: Through the Nigerian Copyright Commission.

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