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PROPOSED INDUSTRIAL PROPERTY notice shall also state the conditions as to

COMMISSION BILL REDUCES
DURATION OF TRADEMARKS FROM
14 YEARS TO 7 YEARS
July 2009 Vol. 7: Issue 7
The Industrial Property Commission bill
has significantly reduced the duration
required for trademark renewal.
By section 23 of the Trademarks Act, CAP
T13 Laws of the Federation of Nigeria, the
registration of a trademark shall be for a
period of seven years in the first instance.
However the registration may be renewed
from time to time. Upon application by a
proprietor, the registrar may renew the
registration of the trademark for a further
period of fourteen (14) years from the date
of the expiration of the original registration
or of the last renewal of registration.
However, the Industrial Property bill in
section 51 provides that the registrar shall
on application made by the proprietor of a
trademark in the prescribed manner and
within the prescribed period, renew the
registration of the trademark for a period of
seven (7) years from the date of expiration
of the original registration or of the last
renewal of registration.
The procedure under the bill is for the
Registrar to send notice to the proprietor at
a prescribed time before the expiration of
the last registration of a trademark, the
payment of fees and otherwise upon which
a renewal of registration may be obtained.
Where the conditions are not complied with
before the expiration of the prescribed time,
the registrar may remove the trademark
from the register and also state the
conditions for its restoration.
A trademark removed from the register for
nonpayment of the renewal fee shall for the
purposes of any application for the
registration of a trademark, be deemed to be
a trademark that is already on the register.
In practice, trademarks due for renewal but
which are not renewed are hardly removed
from the trademark register. Apparently,
this is a result of the registrar’s failure to
send the notice require under the
trademarks Act. The practice is that the
registrar would renew the trademark once
the payment for late renewal as well as
payment for the present renewal is made.
For further inquiries, please contact:
Ms. Chinwe Uwakwe
Phone: +234 1 739 0397
Email: chinwe@blackfriars-law.com
Fax: +1 646 536 8978
Prof. Ikechi Mgbeoji
Tel: +234 1 739 0397
Email: obiora@blackfriars-law.com
Fax: +1 646 536 8978

©Blackfriars LLP 2010. All rights reserved. This document is for general guidance only. Definitive advice should be
sought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30 Macarthy Street, Lagos. Tel:
+234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.
http: www.blackfriars-law.com Email: info@blackfriars-law.com
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©Blackfriars LLP 2010. All rights reserved. This document is for general guidance only. Definitive advice should be
sought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30 Macarthy Street, Lagos. Tel:
+234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.
http: www.blackfriars-law.com Email: info@blackfriars-law.com