Brand Imitation in Nigeria
Over many years, Aspire Solicitors has developed a unique position in the area of product or brand imitation. We assist in Nigerian as well as international counterfeiting disputes and in other product imitation cases, where the principal question often is whether a given product is an imitation. We often assist in customs seizure cases, and in search and seizure, enforcement, and imitation proceedings involving copyright, marketing, trademark, and design right law.
We also provide expert advice to our clients on:
- Whether and how a product can and should be protected;
- How to avoid infringing the rights of others;
- How to register a trademark in Nigeria;
- Which procedural strategy may be pursued in case of infringement proceedings.
- Issuing and responding to cease and desist letters.
PATENT
Patent registration in Nigeria allows you to exclude competition for what is covered by the patent. This allows you to capture all of the sales for your new and innovative product or service. And without competition, you can set your price higher and earn a higher profit margin. All other things equal, you will make more money with a patent than without.
Aside from market value and pricing power, a patent grant in Nigeria can deter your competition from copying your product or service, or when they fail to respect your patent, entitle you to claim monetary damages for your lost profits from competitors who do. This provides a level of security that allows new companies to build their business without being quickly overcome by large competitors with more resources.
Our firm’s greatest strength is in helping clients with patents. We are particularly experienced in helping companies achieve their patenting objectives. We provide comprehensive patent services in Nigeria. We also help clients obtain patents elsewhere around the world by acting as a liaison with patent agents in other jurisdictions.
Drafting and Filing a Patent Application in Nigeria
We file applications for patent registration in Nigeria directly with the Nigerian Intellectual Property Office.
If there is interest in potentially obtaining patent protection across several jurisdictions, it often makes sense to file the initial regular patent application as a Patent Cooperation Treaty (PCT) application.
The core of our business is protecting your technological innovation. When it comes to patent preparation and prosecution, you need someone that can quickly grasp technology and foresee its commercial implications; someone that regularly navigates the patent systems in Nigeria and beyond; someone that can help you obtain the broadest licensable claim scope available using the shortest and most cost-effective strategy available. This is why our firm is regularly called upon by sophisticated medium and large enterprises to assist with their patent programs in Nigeria.
When handling the Nigerian counterpart of a patent application drafted by foreign counsel, we leverage our deep familiarity with Nigerian complements and enhances the overall portfolio position and does not create inconsistencies that have the potential to cause future problems. We adapt our processes to the needs of the foreign client, whether that means taking on a greater role in guiding the prosecution and proposing strategy, providing only guidance on Nigerian-centric issues, adopting unique billing processes, or otherwise tailoring our workflow or reporting as needed.
INDUSTRIAL DESIGN
Industrial design registration in Nigeria can protect any combination of shape, configuration, ornamentation, or pattern that, in a finished product, appeals to and is judged solely by the eye. At a high level, the difference between industrial designs and patents is one of “form versus function.” Industrial designs are not concerned with functionality, but rather with the visual aspects of a product.
In Nigeria, an applicant may secure industrial design rights by applying to register their industrial design with the Patents and Designs Registry of the Nigerian Industrial Property Office.
Registering an industrial design gives the registrant the exclusive right to stop others from making, selling, and importing an article that embodies the registered design, or a substantially similar design, for commercial purposes in Nigeria.
In addition to exclusive rights in the marketplace, a registered industrial design may also be an inherently valuable asset. A well-regarded, recognizable design can attract investors, who may be drawn to the design’s exclusivity. As well, registered industrial designs can be sold, transferred, or used as security for a loan. In this manner, registered industrial designs can be useful revenue tools.
Industrial Design Lawyers in Nigeria
At Aspire Solicitors, we frequently help clients through the complex process of registering industrial designs in Nigeria. Our lawyers provide advisory on issues around protecting industrial designs in Nigeria. We can help prepare your application and provide assistance with obtaining design protection in Nigeria.
Aspire Solicitors also provides expert legal services to enforce our clients’ ownership in registered designs. You can rely on our team of lawyers to enforce your registered industrial design rights in Nigeria.
For advisory on IP services in Nigeria, contact a member of our team directly, call or WhatsApp at +234 803 979 5959, or email at admin@aspiresolicitors.com.