WHY TRADEMARK IS SO IMPORTANT
The World we live in today, brands , creative ideas and creators are built and thought into existence every minute through platforms like Instagram, on the runways, in small shops, in backyards, in creative studios, in tech hubs and even on TikTok. Names, slogans and logos now carry economic power, cultural impact, and commercial identity. A simple name, slogan that begins as a “hustle” can become a multi-million- asset in less than a year yet we wonder why many Nigerian entrepreneurs and creatives still leave their most valuable asset unprotected: Their Name. Their Brand. Their Identity.
Failing to trademark your name is not just a business risk, it is a legal vulnerability that can cost you your business, your reputation, and in severe cases, your right to use the very name you created.
Have you ever wondered whether trademark registration is truly necessary? This article will answer that question and hopefully save you from an expensive legal mistake in the future. Here’s what every Nigerian business owner or creator should know.
DISCLAIMER: IT IS NOT COMPULSORY TO REGISTER OR TRADEMARK YOUR NAME ,
There are no legal consequences for not having a trademarked name neither does it restrict you from operating your business, however you only will be exposed to the harsh realities of life when someone else does and serves you a cease and desist from using that name and by that stage, the law may offer very limited protection, particularly when another party has already secured registration rights. It is important to note that it is NOT compulsory . It’s just safety. You don’t have to get a vaccine, however it is advised you do incase you come in contact with the disease you just know you’re protected.
What is a Trademark?
Let’s start easy , on what exactly a trademark is , Under the Trademarks Act, Cap T13, Laws of the Federation of Nigeria 2004, a trademark is:
“Any mark, symbol, word, logo, device, label, brand, name, signature or combination thereof used by a person for the purpose of distinguishing their goods or services from those of others.”
In simple terms, a trademark is legal ownership of AN IDENTITY. Your name is not truly “yours” in the eyes of the law until the government recognizes and records it in the Trademark Register. Without that, someone else can register it, use it, or even sue you for infringement and they would be right in the eyes of the law. In many cases, a party that secures registration first may obtain significant legal advantages over someone who has been using the name without formal protection.
So what then can one trade mark? Have you even been reading? I just said you can trade mark your name , a name , a slogan, a SLANG , logos , signature, or a WORD.
Now that we know what you can trademark, it’s important to know that not every name, word, or phrase is eligible for trademark protection. A word must be distinctive and capable of identifying one business from another. If a mark does not meet this threshold, the Registry will refuse registration.
The trademark act under section 9 specifically mentions that a trademark is only registrable ONLY IF IT IS DISTINCTIVE . Which means;
• Generic words , descriptive words and common words can’t not be trademarked.
• Certain common names , geographical names and words that are used in trade further cannot be trademarked
• Words that are likely to deceive or cause confusion cannot be marked .
• Vulgar words cannot be trademarked .
• Marks containing national symbols, flags government names as well can not be marked . Eg EFCC , NIGERIA, NIGERIAN ARMY
• Names of chemicals
• Religious names and sacred terms
• An already trademarked word
From the above restricted names and symbols that cannot be marked , it is clear the aim of registration goes a mark , is to make sure that the words or symbols are unique and DISTINCTIVE. If what you intend to mark cannot distinguish your goods and service from others then it should not be trademarked by you .
Under Nigerian law, trademarks are registered at the Trademarks, Patents and Designs Registry (Ministry of Industry, Trade and Investment),and Nigeria follows the Nice Classification system 45 classes of goods and services. Classes 1–34 cover physical goods, while classes 35–45 cover services.
For your marked name to be properly protected it must be registered under the correct class or classes . Therefore it is possible for one to register under multiple classes if the marked name cuts across classes . Here is an easy breakdown
If you’re a fashion brand or stylist, you’re usually to mark in:
• Class 25 (clothing, footwear, headgear)
• Class 18 (bags, leather goods)
• Class 35 (retail, online store, brand promotion services)
If you’re into beauty, skincare, hair, nails, spa or aesthetics:
• Class 3 (cosmetics, skincare, hair products, fragrances)
• Class 44 (beauty care, medical aesthetic services, spa, skin clinics)
• Class 35 (marketing, retail, influencer-led brand promotion)
If you’re a musician, producer, label, podcaster, filmmaker or entertainer:
• Class 41 (entertainment, live performances, shows, content production)
• Class 9 (recorded content, downloadable music, apps, software)
• Class 35 (management, promotion, influencer campaigns)
If you run a restaurant, lounge, bar, food brand:
• Class 43 (food & drink services, restaurants, lounges)
• Possibly Class 30 or 29 if you sell packaged food as products.
And if, like me (and you), you’re in law / consultancy / management, that’s Class
45 and sometimes Class 35.
You don’t need to cover all 45 classes. You need to strategically pick the classes that reflect what you’re doing now, plus where you realistically want to go in the near future. A fashion brand that plans to launch perfume later might start with 25 & 18 now, and add Class 3 when fragrance development is serious. One important thing many business owners and creators do not realize is that a Nigerian trademark only protects your brand in Nigeria. It does not automatically protect you in the United Kingdom, the United States, Canada, South Africa or any other country.
If your brand is growing internationally, selling products abroad, securing foreign partnerships or building a global audience, you should consider obtaining trademark protection in the countries where you intend to operate. The right strategy will depend on your target markets and business goals, so it is always wise to speak with an intellectual property lawyer before assuming your Nigerian registration covers the rest of the world.
A Nigerian trademark is valid for only 7 years initially and thereafter Renewable for 14-year cycles forever. As an attorney, I see a lot of person you claim their names have been trade marked and did this said registration 10 years ago, sadly a registration does not last forever . I believe this is done to track, identify marked names or slogan that are serious about protecting and not just holding down names .
I see the same patterns again and again with creatives , businesses or artists. Someone builds a whole brand identity around a name without even Googling or checking the Nigerian trademark register to see who already owns it in relevant classes. Later they discover a prior registration by a quiet company that does not post a lot on social media but definitely has a lawyer.
A good example was the online sensation slogan VERY DEMURE VERY MINDFUL by a tiktok influencer, she got a lot of attention on this distinctive slogan , I mean people even started naming their kids Demure , sadly after this slogan went viral it caught the attention of other people who actually registered the name to use commercially and own . By the time she had tried to trademark, she was already Fourth in line to register the name and honestly I doubt she was able to . This was a good example that online use does not give you full ownership of that word or slogan.
She still can win a priority fight at USPTO ( Us trademark) , however if her only evidence she has was social media branding and , sensation it cannot be enough, this may have affected how she could have been able as a creator to generate streams of income with this slogan , from brand deals, merchandising and so on. People sign influencers or brand deals where the contract quietly transfers or heavily restricts their rights to their own content or brand identifiers. You’d be shocked how many “collaborations” are actually low-key IP land grabs.
A Creator assume they are “too small to be noticed” and delay registration, but the internet has no borders. The minute you go viral, so does your risk profile. People register opportunistic marks for famous phrases and names all the time or the opposite: someone blows, and then tries to file in panic, only to meet conflicting marks in the same or similar class. Now they’re stuck negotiating or rebranding mid-success.
Having considered the above ,your first step is to take your brand name seriously from day one. Before you print 5,000 boxes or sign a distribution deal, treat that name like property. Check availability, think about longevity, and pick something that can grow with you.
Secondly, think in classes, not just vibes. Identify your core goods and services and the logical extensions you’re likely to make in the next few years. Prioritize those classes and file there first. You can always expand your coverage as the brand grows.
Thirdly, understand the difference between ™ and ®. You can use™ as a soft “this is my brand” signal even before registration, but ® should be used only after registration is granted. The real power isn’t in the symbol please note that it’s in the certificate and the enforceable rights behind it. Personally, I love to play in disguise and not even let brands know till it’s on the table and I use the fact my name is trademarked as a bargaining tool .
Also, remember that trademarks are territorial. Nigeria is your home base; secure it. If you’re already doing or planning serious cross-border activity, speak to an IP lawyer about your international strategy instead of assuming “one registration covers everywhere”, please it does not.
Finally, avoid treating trademark registration as a simple administrative exercise. The wrong class ownership structure or filing strategy can create costly problems in the future. If you treat your brand like a temporary trend, it may disappear like one. If you treat it like an asset, the law can help protect it.
Before I go, remember this: your brand name, logo, slogan and reputation are not just creative expressions; they are business assets. The most successful businesses and creators understand that building a brand is only half the work. Protecting it is equally important. Whether you are launching a new business, growing a personal brand, creating content, selling products or expanding into new markets, taking the right steps to protect your intellectual property can save you significant time, cost and legal challenges in the future.
This article is provided for general information purposes only and does not constitute legal advice. For guidance on trademark protection, intellectual property strategy or brand protection, you should consult a qualified intellectual property lawyer.
Till next time,
The Creators Barrister.