Clearly, trademark registration is important to create market differentiation. Typically, trademarks are grouped into classes to permit a simple and straightforward mark registration.
Classification of trademark registration in Nigeria groups businesses that are similar under the same name (class) to prevent the same trademark from being registered in the same line of business. For example, businesses that deal in household or kitchen utensils and containers are classified as “Class 21” of trademark registration in Nigeria. On the other hand, clothing and footwear businesses are classified as “Class 25.” Consequently, classification allows the registering officer to quickly determine whether or not your kind or similar trademark already exists before deciding whether or not to register it. It also aids in determining whether a trademark is infringing on your trademark by operating in the same industry as you.
Note that you can register a trademark in more than one class to strengthen it further. To do this, you (the applicant) must file a separate application for each class of trademarks you intend to register.
In Nigerian law, there are 45 classes of trademark registration. Classes 1–34 cover items regarded as goods, while classes 35–45 are exclusively for service-based businesses.
Classes of trademark registration in Nigeria
Classes for Goods
Class 1
Chemicals used in industry, science, and photography, as well as agriculture, horticulture, and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for food preservation; tanning substances; industrial adhesives; and unprocessed plastics in the form of liquids, chips, or granules.
Class 2
Items under this class include paints, varnishes, and lacquers; preservatives against rust and deterioration of wood; colorants; mordants; raw natural resins; and metals in foil and powder form for painters, decorators, printers, and artists.
Class 3
Items under this class include bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; and dentifrices.
Class 4
Items under this class include 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; and 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; and furniture adapted for medical use.
Class 11
Apparatus for lighting, heating, steam generation, 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, and 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; paint brushes; 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 plastic materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes.
Class 18
Leather and imitations of leather; animal skins and hides; trunks and travel bags; handbags, rucksacks, and purses; umbrellas, parasols, and walking sticks; whips, harnesses, 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; and non-metallic framed conservatories, doors, and windows.
Class 20
Furniture, mirrors, and picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, or plastic that 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; steel wool; articles made of ceramics, glass, porcelain, or earthenware that are not included in other classes; electric and non-electric toothbrushes.
Class 22
Ropes, string, nets, tents, awnings, tarpaulins, sails, and sacks for transporting bulk materials; padding and stuffing materials that are not made of rubber or plastic; 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, and 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; children’s toy bicycles.
Class 29
Meat, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams, and 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 juices; syrups for making beverages; shandies, 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.
Services Classes
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, and 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 bonuses and loyalty schemes, and 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, and radio and television broadcasting.
Class 39
Transportation; packaging and storage of goods; travel arrangements; distribution of electricity; travel information; provision of car parking facilities.
Class 40
Treatment of materials; development, duplication, 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 diagnosing and treating persons; pharmacy advice; and 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.
Final Thought
Every business person who truly wants to enjoy the monopoly of having exclusive rights to a particular identity must trademark the identity. Registering it and having that fine, small capital “R” beside the identity signals the public to desist from using it without your permission. And in the case of a breach, you can seek redress in court and be rewarded “handsomely” for the damage the imposter may have caused to your business.
But before you can do all that, you must first ensure that the trademark is registered in the right class of trademark in Nigeria.
Also, you can register a trademark in more than one class, but this will attract fresh applications and costs.
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