Before Consulting a Lawyer on Intellectual Property in Nigeria: Trademarks, Patents, Copyrights
Introduction: Why Preparation Matters
Intellectual property is often the most valuable asset you own. Your brand name, your logo, your software, your song, your book, your product design, or your invention can secure market advantage and long-term revenue if protected early and properly. Thorough preparation before you consult a lawyer makes protection faster, stronger, and more cost effective. It also reduces the risk of avoidable mistakes such as public disclosure of an invention, brand conflicts, or weak evidence when enforcing your rights.
What Counts as IP: Trademarks, Patents, Copyrights
Trademarks
Trademarks identify the source of goods or services. They include word marks, logos, slogans, and sometimes trade dress. Registration confers exclusive rights for the class of goods or services covered and helps you stop confusingly similar marks. In Nigeria, trademark rights are territorial and require filing and renewal to maintain protection.
- Good for: brand names, logos, taglines, product names.
- Term: initial period then renewable in fixed cycles under the Trademarks Act.
- Use: affix on products, packaging, websites, invoices, advertising.
Patents
Patents protect inventions that are new, result from inventive activity, and are capable of industrial application. This includes products, processes, or improvements. Novelty can be destroyed by public disclosure, so confidentiality before filing is crucial. In Nigeria, the patent term typically runs 20 years from the filing date with annual maintenance.
- Good for: technical products, processes, machines, chemical compositions.
- Term: 20 years from filing date with required annuities.
- Key risk: public disclosure before filing can invalidate novelty.
Copyrights
Copyright protects original literary, musical, artistic, audiovisual, and software works. Protection arises automatically upon creation, but registration strengthens proof and enforcement. Licensing and collecting royalties require clear ownership records and contracts.
- Good for: books, music, films, photographs, software, choreography, artworks.
- Term: generally life of the author plus a defined period. Corporate works have fixed durations from first publication.
- Best practice: register key works, keep drafts and dated copies, track distribution.
Steps To Take Before Seeing a Lawyer
- Define your objective: protection, monetization, or enforcement. Be clear on whether you want to register, license, stop an infringer, or prepare for investment.
- Map the IP you own: list every brand element, creative work, and invention. Note who created it, when, and under what contract. Confirm that your company, not only an individual, owns business assets through assignments or employment IP clauses.
- Run basic clearance checks: search online marketplaces, social platforms, and accessible IP databases for similar marks, products, or works. Capture screenshots and links for your lawyer.
- Preserve confidentiality: use non-disclosure agreements, locked folders, and limited sharing for inventions and unreleased works. Avoid pitch decks that disclose technical details without protection.
- Organize a clean timeline: creation dates, first publication or sale, first use in commerce, any disclosures, and any infringement dates.
- Budget for filings and maintenance: consider filing fees, class counts for trademarks, annuities for patents, and registration costs for copyright.
- Identify target markets: IP is territorial. List key countries where you will make, sell, license, or be copied. Your lawyer can advise on filing routes that fit those markets.
- Collect contracts and communications: employment agreements, contractor agreements, licenses, distributor agreements, composers’ agreements, producer splits, or collective management memberships.
- Record any infringement: full page screenshots, date stamps, purchase receipts of counterfeit goods, chain of custody for seized items, and witness statements.
- Decide on enforcement posture: soft letter, takedown, mediation, or litigation. Your lawyer will align this with your risk tolerance and evidence strength.
Evidence and Documents To Gather
Universal Checklist
- Identity documents and corporate records for the applicant or owner.
- Creation timeline with dated files, drafts, or prototype photos.
- Any prior registrations or applications in Nigeria or elsewhere.
- Contracts proving ownership or assignments from creators or contractors.
- Proof of first use and sales: invoices, ads, catalogues, website archives.
- Evidence of reputation: media coverage, awards, social proof, customer feedback.
- Budget plan: filing fees, professional fees, renewals, and enforcement reserve.
Trademark Specific
- High resolution logo files in multiple formats and a clear word mark sample.
- List of goods or services by class. Note how you use the mark on packaging, labels, websites, and ads.
- Evidence of first use in Nigeria and any foreign markets.
- Any coexistence agreements or consents already obtained.
Patent Specific
- Detailed invention disclosure: what the invention is, how it works, advantages, and variations.
- Technical drawings, photos, test results, and lab notes with dates and signatures where possible.
- List of prior public disclosures and who saw what, where, and when.
- Identify closest known solutions to help define novelty and inventive step.
Copyright Specific
- Final work files and key drafts that show authorship.
- Split sheets or contribution agreements for music, film, or collaborative works.
- Licenses or distribution arrangements. Collect any collecting society memberships.
- Release history: dates, platforms, countries, and any sales or streaming data.
What Not To Do
- Do not publicly disclose an invention before your lawyer advises on filing. Even a pitch day or social post can be a disclosure.
- Do not assume Corporate Affairs Commission business name registration equals trademark protection. It does not.
- Do not copy a competitor’s mark with minor tweaks. Confusing similarity still infringes and invites objections or lawsuits.
- Do not share source code or full product blueprints without an NDA and access control.
- Do not send threatening messages to suspected infringers. Use a measured legal process.
- Do not rely on hearsay about foreign protection rules. IP rights are territorial and system specific.
Common Misconceptions
- Uploading online fully protects my work: copyright arises automatically, but registration and records make enforcement far stronger.
- Trademarking my logo abroad protects me locally: protection is territorial. You need coverage in each target market.
- Patents are always the best choice: sometimes trade secrets or utility models in other jurisdictions are more practical for cost, speed, or secrecy.
- Any change avoids infringement: the legal test is confusion or substantial similarity, not exact copying.
Preparing For The Consultation
Information To Organize
- One page summary of your IP assets and goals.
- Timeline of creation, first use, first publication, and any disclosures.
- Owner details and any assignments or employment IP clauses.
- Target countries and markets for filing and enforcement.
- Infringement dossier: screenshots, dates, purchase receipts, and witnesses.
- Budget bands: filing only, filing plus watch services, filing plus enforcement.
Questions To Ask Your Lawyer
- Which protection fits my asset and business model: trademark, patent, copyright, or a combination.
- What clearance searches do we need before filing.
- How long will each filing take and what are the likely objections.
- What is the total cost over 3 to 5 years including renewals or annuities.
- What enforcement options exist: takedown notices, customs recordal, mediation, litigation.
- How to structure licensing and royalties for my sector.
Practical Insights and Nigeria Notes
- Registry practice: trademark and patent filings in Nigeria are formal processes with examinations and publications. Accurate descriptions, classes, and drawings reduce queries.
- Renewals: track renewal dates. Trademarks require periodic renewals. Patents require annual annuity payments to remain in force.
- Copyright: although protection exists from creation, a formal registration record and tidy authorship chain significantly strengthen enforcement and licensing.
- Territorial strategy: if your main market includes other countries, plan filings early in those jurisdictions. International filing systems exist for member countries and can streamline strategy. Your lawyer will tailor the route for your target markets.
- Commercialization: prepare standard license templates, quality control clauses for trademarks, and audit rights for royalties. Investors and distributors look for clean IP ownership and a clear enforcement plan.
- Digital enforcement: keep a ready pack for online takedowns: proof of ownership, registration certificates, sample notices, and brand usage guidelines.
Frequently Asked Questions
Do I need a lawyer to register a trademark, patent, or copyright
You can attempt to file on your own, but small errors can cause refusals or narrow your protection. A lawyer reduces these risks and plans a filing and enforcement strategy aligned with your business goals.
How fast can I get protection in Nigeria
Timelines vary with registry workload and objections. Some filings can be completed in stages relatively quickly, while others require examination and publication. Your lawyer will give current estimates and ways to accelerate steps where possible.
Can one registration protect me worldwide
No. IP rights are territorial. There are international systems for member countries that streamline multi country filings. Your lawyer can help you choose the best route for key markets.
If someone copied my work, what is my first move
Preserve evidence. Avoid threatening messages. Speak to your lawyer about a tailored approach: cease and desist, platform takedown, settlement, or litigation. Do not buy counterfeit in bulk unless advised for evidence collection.
Can software be protected
Yes as a copyright work. Some jurisdictions allow patenting certain technical solutions implemented in software. Your lawyer will advise based on the claims and markets.
What is the typical lifespan of protection
Patents typically run 20 years from filing, subject to annuities. Trademarks can last indefinitely with timely renewals and continued use. Copyright often lasts life of the author plus a statutory period. Confirm exact terms for your case.
Final Thoughts
Your brand, your creativity, and your inventions deserve structured legal protection. A clear inventory, careful confidentiality, well kept evidence, and a country by country plan will help your lawyer secure rights that are enforceable and valuable. Prepare first, then consult, then execute with discipline.