PROCEDURE FOR REGISTERING A TRADEMARK AT NIPO
Conducting a search at NIPO.
A search may be conducted in the NIPO database to determine whether the proposed mark, or similar mark, has already been filed for registration or registered by a third party.
Filing the application
Required to submit the original application form (Applicant’s full name and address, clear representation of the mark (logo/ word/device), specification of goods and services based on the international NICE classification, along with relevant fees.
If registering through an agent – a duly signed and executed Power of Attorney is required.
Examination by NIPO.
Formal examination: Ensures the application complies with procedural requirements.
If an error is identified in the application, the office will issue a notice to the applicant, who is
required to rectify the defect within the prescribed time frame.
Substantive examination: reviews whether the trademark is distinctive and free of conflicts with existing marks.
After which the proposed mark is either accepted, accepted with conditions or refused by NIPO.
If Accepted
The applicant may accept the mark upon submitting: a duly filled ‘Acceptance of Mark’ publication form along with the prescribed fee.
If Accepted With a Condition
The applicant may agree with the conditions by upon payment of publication fees.
(fees issued by NIPO)
If disagreeing with the conditions, the applicant may:
– Withdraw the application, OR
-submit written submissions/evidence.
NIPO may accept the submissions or grant a hearing.
If Refused
Applicant may request a hearing OR submit written submissions within a period of one month.
If objections are maintained, an oral hearing may be requested.
(If submissions are satisfactory, the mark may be accepted or accepted with conditions).
However, if written submissions and an oral hearing do not suffice, the application may be refused
The applicant may obtain grounds for decision.
If required, challenge in courts.
Publication
Applicant is required to submit the Acceptance/Acceptance with conditions form within two months from the date of notice issued by NIPO.
Upon payment of the publication fees, the accepted marks are published within a few months in the Government Gazette.
Any third party is able to file oppositions within a period of 3 months from the date of publication in the gazette.
No oppositions
If no oppositions, application will proceed to the registration stage.
Oppositions
- Applicant may obtain grounds of opposition and submit observations.
- Both parties can present written submissions / affidavits
- NIPO conducts hearings and makes a final decision as whether the mark is:
|
Mark may be accepted by court.
Application will proceed to the registration stage. |
Mark may be refused by court. |
Registration
Payment of registration fees to NIPO.
Certificate of Registration granted within a few months after payment.
(Valid for 10 years from the date of filing the application, and is renewable indefinitely)
