Nigeria has 45 Trademark Classes that help businesses protect their brand identity.
- Classes 1 to 34 cover products
- Classes 35 to 45 cover services
Why Does Trademark Matter?
If you don’t register your trademark properly, someone else could legally claim your brand name —even if you’ve been using it for years!
Real-Life Trademark Battles in Nigeria
1. Sabinus vs Peak Milk Manufacturer
Popular comedian Sabinus (Emmanuel Chukwuemeka Ejekwu) trademarked his catchphrase “Something Hooge”. However, FrieslandCampina WAMCO (makers of Peak Milk) used the phrase in an advertisement. Sabinus sued them for ₦1 billion, claiming trademark infringement.
But here’s the twist—Sabinus registered his trademark under Class 36 (Financial Services), which might not fully cover advertising or entertainment. This means his case might not hold up in court.
2. Paystack vs Zap Africa
Recently, Zap Africa, a cryptocurrency exchange, clashed with Paystack over the name Zap.
- Zap Africa trademarked “Zap” under Class 35 (Advertising & Business Services).
- Paystack trademarked “Zap” under Class 36 (Financial Services).
Since Paystack’s Zap is a financial product, Zap Africa might not have a strong case against them. This shows why choosing the right trademark class is crucial, otherwise, you might lose your claim!
3. KiaKia vs Trademark Dispute
This one is not a popular one because it didn’t make it to the news. The owners of KiaKia, a Nigerian fintech company specializing in peer-to-peer lending, operates under the trademark KiaKia Bits Ltd were confronted with a cease and desist from using the name by a popular Nigerian Bank, but because they had covered all their grounds on the correct Trademark class, they had a better case to resist the order.
While there haven’t been widely reported disputes, fintech startups often face trademark conflicts due to overlapping service categories.
For example, if another company launched a similar lending service under the name “KiaKia Loans” but registered under a different class, KiaKia might struggle to enforce its trademark. This highlights the importance of securing trademarks across multiple relevant classes to prevent future conflicts.
Advice for Startups That Can’t Afford Trademark Costs
If you’re a startup without the budget for trademark registration, here’s how to protect your brand until you can afford it:
1️⃣ Secure Your Domain & Social Media Handles
Before launching, buy your domain name and claim your brand name on social media platforms. This helps establish ownership and discourage others from taking your identity.
2️⃣ Use a Distinctive Name
Avoid generic names that could be easily copied. A unique name makes it harder for competitors to claim your brand.
3️⃣ Document Your Brand Usage
Keep records of when you started using your brand name, emails, invoices, website launch dates, and marketing materials. This can help prove prior use in case of disputes.
4️⃣ Consider Low-Cost Trademark Services
Some platforms offer affordable trademark registration for startups. You can start with basic protection and expand later.
5️⃣ Use Legal Agreements
If you’re working with partners or investors, include brand protection clauses in contracts to prevent disputes over ownership.
6️⃣ Monitor Your Brand Name
Regularly search for similar brand names to ensure no one is using your name in a conflicting industry.
🚨 NOTE
Trademark protection is NOT forever, you must renew it periodically.
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