Samuel Abu

Oct 5, 2021

7 min read

TRADEMARKS AND CLASSIFICATIONS IN NIGERIA

Hi,

I have had an interesting feat going through the practicality of Trademarks Registration, and it was surreal to see the sections of the Trademarks Act (“Act”)come alive. If you are privy to the information of the Act, you will observe that

i. There are two major categories of registration, first as Goods under PART A, and secondly as Services under PART B of the Trademark Register.

ii. A word, text, or image can be registered under the Act, under various classes of the Trademark Register.

iii. An added info is that the Trademark Classification clearly highlights the different scope of registration being; Goods (Class 1–34) and Services (Class 35–45)

THE LIST OF TRADEMARK CLASSIFICATIONS IN NIGERIA

This list is somewhat generic as it is publicly available to use. However, it is important to note that this article is merely a quick resource stop for you to get across to Trademark classifications in Nigeria, without necessarily breaking a sweat.

Also, it is important to note that similar marks can be registered except and only if they fall into different categories. The registration of words and texts under the Act must be such that it is inventive and not merely descriptive (for example, if you make Bags, you can trademark the word “pencil” for your products. However, if you make shoes and sell them, it will be difficult to trademark the word “Quality shoes” as a stand-alone, rather a word like “Durevole wears” might work or better still, stick with the Italian word)

So, here are the Classifications through which you can trademark your goods and or services in Nigeria. it is important to know what class of registration is obtainable to your business in the process of application.

The First Category is for GOODS Oriented Marks.

Class 1: Chemicals used in industry, science, and photography, as well as in agriculture, horticulture, and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules.

Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers, and artists.

Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4: Industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels and illuminants; candles and wicks for lighting; combustible fuels, electricity, and scented candles.

Class 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; unwrought and partly wrought common metals; metallic windows and doors; metallic framed conservatories.

Class 7: Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.

Class 8: Hand tools and hand operated implements; cutlery; side arms; razors; electric razors and hair cutters.

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

Class 10: Surgical, medical, dental, and veterinary apparatus, and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials; sex aids; massage apparatus; supportive bandages; furniture adapted for medical use.

Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air conditioning units.

Class 12: Vehicles; apparatus for locomotion by land, air, or water; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions.

Class 13: Firearms; ammunition and projectiles, explosives; fireworks.

Class 14: Precious metals and their alloys; jewelry, costume jewelry, precious stones; horological and chronometric instruments, clocks, and watches.

Class 15: Musical instruments; stands and cases adapted for musical instruments.

Class 16: Paper, cardboard, and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.

Class 17: Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials; plastics in extruded form for use in manufacture; semi-finished plastics materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes.

Class 18: Leather and imitations of leather; animal skins, hides; trunks and traveling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness, and saddlery; clothing for animals.

Class 19: Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; non-metallic monuments; non-metallic framed conservatories, doors, and windows.

Class 20: Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, or plastic which are not included in other classes; garden furniture; pillows and cushions.

Class 21: Household or kitchen utensils and containers; combs and sponges; brushes; brush-making materials; articles for cleaning purposes; steelwool; articles made of ceramics, glass, porcelain, or earthenware which are not included in other classes; electric and non-electric toothbrushes.

Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials.

Class 23: Yarns and threads, for textile use.

Class 24: Textiles and textile goods; bed and table covers; travelers’ rugs, textiles for making articles of clothing; duvets; covers for pillows, cushions, or duvets.

Class 25: Clothing, footwear, headgear.

Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27: Carpets, rugs, mats and matting, linoleum, and other materials for covering existing floors; wall hangings (non-textile); wallpaper.

Class 28: Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens’ toy bicycles.

Class 29: Meat, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk, and milk products; edible oils and fats; prepared meals; soups and potato crisps.

Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes.

Class 31: Agricultural, horticultural, and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants, and flowers; foodstuffs for animals; malt; food and beverages for animals.

Class 32: Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholized drinks, non-alcoholic beers, and wines.

Class 33: Alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.

Class 34: Tobacco; smokers’ articles; matches; lighters for smokers.

The Second category is for SERVICE Oriented marks

Class 35: Advertising; business management; business administration; office functions; electronic data storage; organization, operation, and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; retail services connected with the sale of goods.

Class 36: Insurance; financial services; real estate agency services; building society services; banking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information.

Class 37: Building construction; repair; installation services; installation, maintenance, and repair of computer hardware; painting and decorating; cleaning services.

Class 38: Telecommunications services; chat room services; portal services; e-mail services; providing user access to the Internet; radio and television broadcasting.

Class 39: Transport; packaging and storage of goods; travel arrangement; distribution of electricity; travel information; provision of car parking facilities.

Class 40: Treatment of materials; development, duplicating, and printing of photographs; generation of electricity.

Class 41: Education; providing of training; entertainment; sporting and cultural activities.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance, and repair of computer software; computer consultancy services; design, drawing, and commissioned writing for the compilation of websites; creating, maintaining and hosting the websites of others; design services.

Class 43: Services for providing food and drink; temporary accommodation; restaurant, bar, and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.

Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services.

Class 45: Legal services; conveyancing services; security services for the protection of property and individuals; social work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services.

That was quite a list, and do not be surprised when more is added. These classes are a guide to help the public understand the category of marks available for registration, and as society evolves more services and goods are sought after as a result of innovation.

Most importantly, take your Trademark Registration and Compliance seriously. Get an IP Lawyer to guide you through the process and all other important steps.

Thanks for reading.