With the highest number of annual trademark filings on the continent and a large population of consumers that attracts foreign brands, Nigeria remains a key country in the African IP market. There are many recent legislative and procedural changes in the country that are collectively aimed at improving its IP...

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With the highest number of annual trademark filings on the continent and a large population of consumers that attracts foreign brands, Nigeria remains a key country in the African IP market. There are many recent legislative and procedural changes in the country that are collectively aimed at improving its IP services. However, these changes have yielded varying results. In 2022, the Federal High Court ruled that the registration of identical or similar trademarks was a violation of the Trademarks Act and was therefore infringement. This decision was significant as multiple similar or identical trademarks have been registered in Nigeria in the recent past. It was welcomed by the wider IP community. In addition to this legal change, attempts to modernise the trademark filing system have had unforeseen consequences for practitioners. The transition to the new online filing system has created a large backlog, stemming from filers attempting to change recordals and agents. However, it is hoped that these are short-term problems, and the online filing system will eventually streamline the process. There has also been a noticeable increase in the number of trademark applications for common phrases, particularly those popularised by Nigerian celebrities, which some believe could cause issues for brands. Another alteration that could affect the IP sphere is the Franchise Regulation Bill which – if adopted by the government – aims to bring the Nigerian franchise system in alignment with global practices.

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