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How to Protect your Business or Product in Nigeria (Trademarks, Patents & IP)

Protecting business in Nigeria using trademarks, patents and IP rights

Starting a business in Nigeria is exciting — but failing to protect your idea, name, or invention can cost you everything. The sad truth is: in Nigeria, many brilliant entrepreneurs have lost their ideas to copycats simply because they didn’t take steps to register them.

It’s not just big brands that get copied. Whether you’re building a mobile app, creating a new skincare product, launching a food or clothing brand, or even running a local delivery service…Your business idea is intellectual property. It’s an asset.

And if you don’t protect it early, someone else can register it, rebrand it, or profit from it — legally.

In this guide, we’ll break down:

  • How to register your trademark, patent, or IP in Nigeria
  • Where to go (Trademarks Registry, NOTAP, NAFDAC, etc.)
  • The cost and benefits of protecting your business
  • Why every serious entrepreneur should take IP seriously

What Is Intellectual Property (IP)?

Intellectual Property (IP) refers to the creations of your mind — things like business names, logos, inventions, formulas, designs, music, or even mobile apps. These aren’t just ideas — they’re valuable assets that can be legally protected.

In Nigeria, there are four main types of IP protection:

  • Trademarks– Protect your brand name, logo, slogan, or product packaging (e.g., Coca-Cola’s name and logo).
  • Patents– Protect inventions, unique business ideas, or technical solutions (e.g., a new machine, drug formula, or mobile app process).
  • Copyright– Protect creative works like songs, books, videos, mobile apps, and even website content.
  • Industrial Designs– Protect the unique look or shape of a product (e.g., the design of a perfume bottle or shoe pattern).

Each of these can be registered in Nigeria through specific government agencies — and once registered, you gain exclusive rights to use, sell, or license your idea.

Why Registering Your IP Matters in Nigeria

Too many Nigerian entrepreneurs build great ideas—only for someone else to copy them. And without legal protection, there’s little you can do.

Registering your intellectual property isn’t just paperwork—it’s your first defense against brand theft, copycats, and idea hijackers.

Here’s why it matters:

Legal Ownership – Once you register your trademark, patent, or copyright, you become the legal owner. That means if someone uses your name or idea without permission, you can take legal action.

Brand Protection – Imagine you spend years building a fashion brand in Lagos, only for someone to register your logo and name. Without IP registration, they can lock you out of your own business.

Investor & NAFDAC Approval – If you’re creating skincare, food, or pharmaceutical products, NAFDAC may not approve your product without trademark registration. Also, serious investors will ask: “Is your IP protected?”

Monetization – You can license or sell your IP. For example, a music artist can license a song, or a tech founder can license software to other businesses.

Brand Identity & Uniqueness – In a crowded Nigerian market, your name and design are part of what sets you apart, protecting them helps you stand out—legally and professionally.

Take for an instance of what happened to a Lagos-based fashion designer. She lost her brand name to another vendor who rushed to register the trademark first. She had to rebrand from scratch—costing her loyal customers and revenue drop.

How to Register a Trademark in Nigeria (Step-by-Step)

Registering a trademark in Nigeria is easier than you think—but many small business owners don’t know where to start. Whether it’s your business name, logo, slogan, or product packaging, trademarking gives you exclusive legal rights to use them nationwide.

 Step 1: Conduct a Trademark Search

Before registering, you need to check if someone else has already registered a similar name or logo.

  • Visit the Trademarks, Patents and Designs Registry at the Federal Ministry of Industry, Trade and Investment (FMITI) in Abuja
  • Or search online via the eTrademarks portalhttps://trademarks.iponigeria.com.ng

Tip: You can hire an accredited agent or lawyer to help you with this step if you’re unsure.

 Step 2: File a Trademark Application

Once your search is clear, you can proceed to file your trademark.

Required details include:

  • Your name or business name
  • Contact address
  • Class of goods/services (based on Nice Classification– Nigeria follows this system)
  • Your logo or trademark image (if applicable)
  • Power of Attorney (if applying through an agent)

You can apply online through the Trademarks Registration Portal or visit the Registry in Abuja.

 Step 3: Pay the Trademark Fees

You’ll need to pay the official government fees, which typically include:

  • Application fee: ₦10,000 – ₦25,000 (depends on agent and class)
  • Publication fee(after acceptance): Varies
  • Certificate fee: Additional charge before final approval

Note: These prices may vary depending on whether you use a lawyer, agent, or go through the registry directly.

 Step 4: Wait for Acceptance and Publication

After submission, your application is examined. If approved, it will be published in the Trademarks Journal.

  • If no opposition is raised within 2 months, your trademark proceeds to registration.
  • If someone challenges it, you may need legal representation to defend your claim

 Step 5: Receive Your Trademark Certificate

Once all steps are cleared, you’ll be issued a Certificate of Registration. Your trademark is now legally protected in Nigeria for 7 years, renewable for additional 14-year terms.

Quick Summary: | Step | Action |: 1 | Conduct a trademark search | > | 2 | File your application online or in-person | > | 3 | Pay applicable fees | > | 4 | Wait for publication and clearance | > | 5 | Receive your certificate and enjoy protection |

Cost:

  • DIY: ~₦45,000 – ₦50,000
  • Through a lawyer or agent: ₦70,000 – ₦120,000
    (Cost varies based on number of classes and legal fees)

How to Register a Patent in Nigeria (Step-by-Step)

If you’ve invented something—like a new product, process, machine, formula, or even a mobile app feature—you can protect it by registering a patent. A patent gives you exclusive legal rights to use, produce, and sell your invention in Nigeria.

Here’s how to register a patent step-by-step:

 Step 1: Confirm Patent Eligibility

Your invention must meet three basic criteria:

  • Novelty– It must be new and not previously disclosed.
  • Inventive Step– It should not be obvious to someone skilled in the field.
  • Industrial Applicability– It must be usable in some kind of industry (e.g., agriculture, health, tech, etc.).

Tip: You can’t patent natural discoveries, theories, or abstract ideas.

 Step 2: Prepare Your Patent Specification

This is the technical document that explains what your invention does and how it works. It usually includes:

  • Title of invention
  • Description of the invention
  • Claims (what you want to protect)
  • Diagrams or drawings (if applicable)
  • Abstract summary

You can hire a patent attorney or agent to draft this properly—it’s a critical document.

 Step 3: Submit Your Application

File your application at the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment (FMITI) in Abuja. Alternatively, a registered patent agent can handle the process for you.

You’ll need:

  • Patent specification document
  • Power of attorney (if using an agent)
  • Application form (Form 1)
  • Fee payment receipt

 Step 4: Pay the Official Fees

The cost depends on whether you’re applying directly or through an agent. Fees may include:

  • Filing fee
  • Publication fee
  • Sealing fee (for issuing the certificate)

On average, you should budget between ₦100,000 to ₦200,000, depending on complexity and whether you’re using an agent.

 Step 5: Await Examination and Grant

Your patent application is examined for compliance with Nigerian law. If it passes, the Registrar will grant the patent and issue a Patent Certificate.

Key Notes:

  • A Nigerian patent is valid for 20 years, subject to annual renewal from the 4th year
  • You must commercialize or work your patent in Nigeria to retain rights.
  • Patents can be licensed, sold, or assigned to others.

Copyright Registration in Nigeria

Copyright automatically applies the moment you create an original literary, musical, artistic, software, or audiovisual work—but registering it provides stronger legal protection and makes it easier to enforce your rights in court.  The regulatory Body is Nigerian Copyright Commission (NCC)
Website: www.copyright.gov.ng

 What Can Be Protected by Copyright?

  • Books, articles, blog posts
  • Music, beats, lyrics
  • Films, videos, YouTube content
  • Software, apps, games
  • Paintings, drawings, illustrations

 Why Register Your Copyright?

While copyright exists by default, registration helps you prove ownership easily in case of disputes, get official documentation as evidence in court, boost credibility and protect your income streams and also enforce your rights if someone uses your work without permission

 Cost of Registration: Typically, ₦10,000 – ₦20,000, depending on the type of work and number of submissions.

 How to Register a Copyright (Step-by-Step)

  1. Visitcopyright.gov.ng
  2. Create an account or log in
  3. Fill out the registration for with:
    • Your personal or business details
    • Title and category of your work
    • Upload a copy of the work (PDF, audio, video, etc.)
  4. Pay the official fee online
  5. Download your certificate when approved

Pro Tip:

  • Always watermark digital works and store drafts or timestamps (e.g., original files, email records) to back up your claims.
  • For group content (e.g., music collabs), clarify ownership upfront with written agreements.

Role of NAFDAC, NOTAP & Other Agencies in IP Protection

Beyond trademarks, copyrights, and patents, certain Nigerian agencies play key roles in protecting your business and brand, especially when your products or services involve public health, foreign technology, or corporate structure.

 NAFDAC (National Agency for Food and Drug Administration and Control)

If you manufacture or distribute foods, beverages, cosmetics, drugs, or herbal products, you must register your product with NAFDAC.

  • This ensures your product meets health and safety standards.
  • It also gives legal recognition to your brand and formulation, helping to prevent imitation or illegal replication.

 NOTAP (National Office for Technology Acquisition and Promotion)

Planning to bring in foreign technology, brand licensing, or technical know-how into Nigeria? You’ll need NOTAP approval.

  • Essential for franchises, tech transfers, software licenses, and brand partnerships with international firms.
  • Helps regulate fair usage and ensures local benefit from foreign technology deals.

 CAC (Corporate Affairs Commission)

While registering your business name or company with CAC doesn’t give you full intellectual property rights, it is still a vital legal step. It confirms your business existence in Nigeria and often a prerequisite for IP registration, business banking, and government contracts. To fully protect your brand (name/logo), you’ll still need a trademark registration.

Pro Tip:
Think of it like this:

  • CAC registers your business.
  • NAFDAC registers your product.
  • Trademarks protect your brand.
  • Copyrights/Patents protect your idea or creative work.

 Common Mistakes to Avoid When Protecting Your Business

Many entrepreneurs in Nigeria make costly IP mistakes—often unknowingly. Here are some of the most common slip-ups and how to avoid them:

  • Confusing CAC Registration with Trademark Protection – Registering a business name with the Corporate Affairs Commission (CAC) does not automatically protect your brand name or logo. Only a trademark can do that.
  • Skipping a Trademark Availability Search – Branding your business without first checking if your desired name or logo is already trademarked can lead to legal battles or forced rebranding.
  • Waiting until you’re Successful (“Blow”) – Don’t wait until your product becomes popular before securing IP rights. That’s when copycats strike—and you might lose everything.
  • Using Generic or Unoriginal Names – Names like “Naija Phones” or “Best Snacks” are too common to qualify for trademark protection. Aim for something distinctive and brandable.

Smart Tip: Before printing labels, building websites, or investing in marketing, lock in your brand’s IP rights. It’s cheaper—and safer—than fighting over it later.

Conclusion

If you’re serious about building a real brand or business in Nigeria, don’t wait until success knocks before protecting what’s yours.

Secure your intellectual property early:

  • Trademark your name and logo
  • Patent your unique invention or solution
  • Register your songs, books, apps, or content

Yes, it may cost a bit upfront—but that small investment could save you from costly lawsuits, painful rebranding, or even losing your business to copycats down the line.

Your idea is valuable. Protect it. Own it. Profit from it.

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Frequently Asked Questions (FAQs)

 What is the best way to protect my business in Nigeria?

Answer: The best way to protect your business in Nigeria is by registering your business name with the CAC, securing a trademark for your brand identity, and applying for a patent if you have a unique invention or product. You can also copyright your creative works.


2. How can I register a trademark in Nigeria?

Answer: To register a trademark in Nigeria, you must apply through the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment. The process includes name availability search, application filing, publication in the journal, and issuance of certificate.


3. What’s the difference between a trademark, patent, and copyright in Nigeria?

Answer: trademark protects brand names and logos, a patent protects inventions and product designs, while copyright protects creative works like music, books, and software. Each serves a different purpose in protecting your business.


4. How much does it cost to register a trademark or patent in Nigeria?

Answer: Trademark registration costs between ₦35,000 and ₦75,000 depending on the service provider. Patent registration may cost ₦50,000 to ₦100,000 or more, depending on the complexity and legal assistance involved.


5. Which agency handles trademark and patent registration in Nigeria?

Answer: The Trademarks, Patents and Designs Registry (under the Federal Ministry of Industry, Trade and Investment) is responsible for processing trademark and patent registrations in Nigeria.


6. Can I patent a business idea in Nigeria?

Answer: No. You cannot patent a raw business idea. However, if your idea leads to a new and innovative product, machine, or process, that invention can be patented.


7. How long does trademark protection last in Nigeria?

Answer: A registered trademark in Nigeria is valid for an initial period of 7 years and can be renewed every 14 years afterward.


8. What happens if someone copies my trademark or product in Nigeria?

Answer: If you have registered your trademark or patent, you can take legal action against the infringer. Nigerian IP laws provide legal backing to sue for damages or stop the unauthorized use.

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