A Trademark according to the dictionary is a symbol, word, or words legally registered or established by use as representing a company or product. Take the Apple logo of Apple Inc. or the swoosh of Nike as each company’s trademark. The importance of your Trademark cannot be overly emphasized even for an entrepreneur or a big enterprise business or firm as this not only make for easy recognition by clients, but it also acts as a symbol of brand loyalty. With this few importance stated, the prioritization of protecting one’s Trademark should be done in the earliest of stages.
Simply put, your Trademark is your brand identity. Competing with other similar brands is normal and one of the things that will help in standing out is the belief, uniqueness, and reputation that your brand identity which is your Trademark will project.
An unregistered Trademark is protected by the Common Law Trademark, Trademark by use or Use-based Trademark which are limited to a particular geographical area and are ideal for relatively small businesses which plan to remain local. Trademarks in this category will remain protected if the Trademark is still in use.
The other way to protect your Trademark is by registering your Trademark in Nigeria with the Trademarks, Patents and Designs Registry, Commercial Law Department, Federal Ministry of Industry, Trade, and Investment. Although registering your Trademark is not compulsory, it is strongly encouraged to receive added benefits and protection that the common law trademark does not provide. Some of these benefits are:
- Trademark protection nationwide
- Official notification that you own the Trademark by being advertised in the Trademark Journal.
- Right to use the trademark registration symbol
- Right to file a Trademark infringement lawsuit if need be
- Ability to file for Trademark protection in other countries.
Under the Nigerian law, only certified individuals/companies can register trademarks.
For the success of your business, you should not overlook the importance of protecting your Trademark.
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