Trademark Classes in Nigeria: A Complete Guide to All 45 Classes
If you are about to register a trademark in Nigeria and are trying to figure out which class applies to your business, this guide is for you. It covers everything you need to know: what trademark classes are, why they exist, how they work under Nigerian law, and a full breakdown of all 45 classes with examples drawn from the Nigerian market.
Reading this before you file is worth the time. Registering under the wrong class is not a technicality you can easily fix. It can mean your trademark offers no meaningful protection for what your business actually does, and correcting it requires starting the entire process from scratch.
What is a Trademark and Why Does Registration Matter?
A trademark is any sign capable of distinguishing the goods or services of one business from those of another. Under Section 67 of the Trademarks Act, Laws of the Federation of Nigeria (LFN) 2004, a trademark is defined as a mark used or proposed to be used in relation to goods or services to indicate a connection in the course of trade between those goods or services and the person having the right to use the mark. In practical terms, this covers words, names, logos, signatures, numerals, colours, shapes, packaging, and combinations of these. Three-dimensional marks are also registrable.
Registration matters for a straightforward reason: it is the only way to obtain an exclusive right to use a mark in trade in Nigeria. Registering your business name with the Corporate Affairs Commission (CAC) does not give you that right. A CAC name registration reserves a company or business name in the commercial registry. It does not prevent a competitor from trading under the same or a confusingly similar name. Only a registered trademark with the Nigerian Industrial Property Office (NIPO) gives you the legal standing to stop others from using your mark and to take enforcement action where necessary.
What Are Trademark Classes?
When you register a trademark, you are not protecting it in every conceivable context. You are protecting it within a defined category of goods or services. Those categories are called trademark classes, and every application must be filed within at least one of them.
Nigeria uses the Nice Classification system, the international standard established by the Nice Agreement of 1957 under the World Intellectual Property Organisation (WIPO). The system is periodically updated; the 13th edition came into force in January 2023 and remains current.
There are 45 classes in total. Classes 1 to 34 cover goods, meaning physical or tangible products. Classes 35 to 45 cover services. Nigeria does not permit multi-class applications. Each class requires a separate application and a separate official fee, although you can submit your application under multiple classes at once. If your business touches multiple categories, you must decide which classes are genuinely necessary, file for each, and pay accordingly.
Who Handles Trademark Registration in Nigeria?
Trademark registration in Nigeria is administered by the Nigerian Industrial Property Office (NIPO), which sits under the Federal Ministry of Industry, Trade and Investment. NIPO was formerly known as the Trademarks, Patents and Designs Registry, and you will still see references to that name in older literature and some official documents.
The primary legislation governing trademarks in Nigeria is the Trademarks Act, LFN 2004, supported by the Trademarks Regulations 1967 and the Trademark Malpractices (Miscellaneous Offences) Act, LFN 2004. The Act has not been comprehensively updated in decades, and there have been long-standing calls for reform to bring it in line with modern commercial realities, particularly in the areas of well-known marks, non-traditional marks, and digital goods and services. As of 2025, the legislation remains unchanged, though a draft Industrial Property Commission Bill has been discussed in policy circles.
How Long Does a Nigerian Trademark Last?
Under Section 23(1) of the Trademarks Act, a registered trademark is initially valid for seven years from the date of filing, not from the date of registration. After the initial seven-year period, it can be renewed indefinitely, with each renewal covering a further 14 years. Renewal applications should be submitted at least three months before the expiry date.
A trademark registered in a specific colour or combination of colours receives protection only for those colours. A mark registered in black and white receives protection across all colour variants of that mark. This is worth bearing in mind at the application stage, particularly for brands where colour is a central element of identity.
Why Getting Your Class Right Matters
1. Protection exists only within the registered class
A trademark registered under Class 25 (clothing and footwear) does not prevent someone from using the same or a similar mark in connection with food products (Class 30). Under the Nigerian trademark system, infringement analysis is primarily class-specific. If the competing use falls entirely outside your registered class and there is no evidence that consumers would assume a connection between the two businesses, your claim will be difficult to sustain.
The exception is well-known marks. A mark with significant reputation may receive protection across classes even without registration in those classes. However, establishing a well-known status in Nigeria has a high evidential bar, and it is not a substitute for registering in the classes that actually matter to your business.
2. NIPO’s examination is class-specific
When NIPO examines your application for conflicts with existing or pending marks, it searches within the same class. If you file in the wrong class, your application may pass examination and be registered without flags, only to turn out later that it covers something your business does not do. You will have spent the time and fees on protection that is functionally useless.
3. The cost of getting it wrong compounds over time
Registration in Nigeria takes between 12 and 18 months under normal conditions. The official filing fee is approximately 170,000 Naira per class. If you discover an error after registration, you cannot amend the class on an existing certificate. You must file a new application, restart the clock, and pay again. In the meantime, you may have been operating without effective trademark protection for the goods or services that matter most to your business.
A Note on International Protection
Nigeria is not currently a member of the Madrid Protocol, the international treaty administered by WIPO that allows a trademark owner to file a single international application and designate multiple member countries at once. As of 2026, Nigeria remains one of the continent’s most significant economies yet to accede to the system.
The practical consequence is that a Madrid Protocol filing originating from another country cannot designate Nigeria. If you want trademark protection in Nigeria, you must file a standalone national application at NIPO. There is no international route that substitutes for this.
For Nigerian businesses looking to protect their marks in other countries, the Madrid Protocol is available as an outward tool if the target countries are members, but Nigeria itself cannot be the base country for such a filing until it accedes to the treaty. Until then, each foreign jurisdiction must be approached separately through local agents or attorneys in those countries.
The Full List of All 45 Trademark Classes in Nigeria
The classes below follow the Nice Classification structure. Each entry includes the formal scope of the class followed by a note on Nigerian commercial relevance.
GOODS: Classes 1 to 34
Class 1: Chemicals
This class covers chemicals intended for use in industry, science, photography, agriculture, horticulture, and forestry. It includes unprocessed artificial resins, unprocessed plastics, fertilisers, fire extinguishing compositions, tempering and soldering preparations, chemical substances for preserving foodstuffs, tanning substances, and industrial adhesives.
The key distinction is that Class 1 is about chemicals as raw materials or substances used in other processes, not finished consumer products. A household bleach sold to consumers sits closer to Class 3. The industrial-grade chemical used in manufacturing that bleach sits in Class 1.
Nigerian relevance: Fertiliser manufacturers, agrochemical companies, water treatment solution providers, and industrial adhesive brands. This class is particularly active in Nigeria’s agricultural input sector.
Class 2: Paints and Coatings
This class covers paints, varnishes, lacquers, rust preventatives, wood preservatives, colorants, mordants (substances used to fix dyes), raw natural resins, and metals in foil or powder form for use by painters, decorators, printers, and artists.
Nigerian relevance: Paint manufacturers, wood treatment product brands, and printing ink suppliers. Nigeria has an active paint manufacturing sector, and brands operating in this space need Class 2 protection for their core products.
Class 3: Cosmetics and Cleaning Preparations
This class covers non-medicated preparations for personal care and cleaning. It includes bleaching and laundry preparations, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair care products, and toothpastes. The distinction from Class 5 is important: Class 3 is for cosmetic and non-medicated products, while medicated products intended to treat conditions sit in Class 5.
Nigerian relevance: One of the most commercially active trademark classes in Nigeria. Skincare brands, haircare companies, body wash producers, perfumers, and oral care businesses all register here. Nigeria’s beauty and personal care market has expanded rapidly, with a large number of locally produced brands entering spaces previously dominated by international products. Any entrepreneur operating in beauty, grooming, or personal care should treat Class 3 as a priority.
Class 4: Industrial Oils and Fuels
This class covers industrial oils and greases, lubricants, dust absorbing and wetting compositions, fuels and illuminants, candles, wicks for lighting, and scented candles. It also includes electricity when treated as a commodity product.
Nigerian relevance: Lubricant brands, petroleum products distributors, candle manufacturers, and fuel retailers. The inclusion of electricity as a registrable commodity is a point of interest for energy companies operating in this space.
Class 5: Pharmaceuticals and Health Products
This class covers pharmaceutical and veterinary preparations, sanitary preparations for medical use, dietetic food and substances adapted for medical use, baby food, dietary supplements for humans and animals, plasters and wound dressings, materials for stopping teeth and dental wax, disinfectants, preparations for destroying vermin, fungicides, and herbicides.
The line between Class 3 and Class 5 runs through medical intent. A moisturiser sold as a cosmetic sits in Class 3. A medicated cream sold to treat a skin condition sits in Class 5. Many health and beauty brands will need to register in both.
Nigerian relevance: Pharmaceutical manufacturers, supplement brands, baby nutrition companies, sanitary pad manufacturers, veterinary product companies, and pesticide producers. This is one of the highest-volume trademark classes in Nigeria, given the size of the country’s pharmaceutical sector and the rapid growth of the wellness and supplement industry.
Class 6: Metal Goods
This class covers common metals and their alloys, metal building materials, transportable metal buildings, metal materials for railway tracks, non-electric cables and wires of common metal, small metal hardware items (ironmongery), metal pipes and tubes, safes, and metal ores. This class is about metals and metal goods as materials or structures, not metallic machinery (Class 7) or metallic hand tools (Class 8).
Nigerian relevance: Steel manufacturers, iron rod suppliers, metal roofing companies, wire and cable manufacturers for the product itself rather than telecommunications services, and metal fabrication businesses.
Class 7: Machinery and Industrial Equipment
This class covers machines and machine tools, motors and engines (other than for land vehicles), machine coupling and transmission components (other than for land vehicles), agricultural implements other than hand tools, egg incubators, and automatic vending machines. Engines and motors specifically designed for land vehicles are excluded and fall in Class 12.
Nigerian relevance: Agricultural machinery manufacturers, industrial equipment suppliers, and generator manufacturers. On the generator point: the generator as a machine falls in Class 7, while the petrol or diesel used to power it falls in Class 4. Companies that manufacture and sell generators need to be precise about which aspect of their brand they are protecting.
Class 8: Hand Tools
This class covers hand tools and hand-operated implements, cutlery, side arms such as swords and bayonets, razors, and electric shavers and hair cutting instruments.
Nigerian relevance: Cutlery brands, hand tool manufacturers for the agricultural and construction sectors, and electric shaver companies. A relatively narrow class compared to most, but important for businesses in these specific product categories.
Class 9: Electronics, Software, and Technology Products
This is one of the most expansive classes in the Nice system. It covers scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution and use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sounds, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; spectacles, sunglasses, and contact lenses.
The scope of Class 9 in the digital economy is significant. Downloadable software (apps, programs, firmware) sits here, as does computer hardware. However, software provided as an online service, where the user accesses the product rather than downloads it, falls within Class 42. Many technology businesses will need both.
Nigerian relevance: Technology startups, mobile app publishers, electronics brands, fintech companies for the software product component, and hardware manufacturers. Nigeria’s tech ecosystem has made Class 9 one of the most contested trademark classes in recent years. Any business whose core product is a digital product rather than a digital service needs Class 9 as a priority.
Class 10: Medical and Surgical Instruments
This class covers surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, orthopaedic articles, suture materials, therapeutic and assistive devices, massage apparatus, and apparatus and instruments for use in medical or veterinary procedures.
Nigerian relevance: Medical equipment suppliers, dental product brands, orthopaedic device companies, and manufacturers of assistive and rehabilitative medical devices. Distinct from Class 5, which covers pharmaceutical products, and Class 44, which covers medical services.
Class 11: Lighting, Heating, and Sanitary Apparatus
This class covers apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply, and sanitary purposes. It includes electric cookers, gas cookers, refrigerators, freezers, air conditioners, boilers, lamps, and water purification installations.
Nigerian relevance: Household appliance brands, air-conditioning manufacturers, water purification companies, and commercial kitchen equipment suppliers. The scale of Nigeria’s domestic appliance market makes this a busy class. Refrigerators, inverters as cooling and power-conditioning devices, and solar water heaters also fall here, depending on configuration.
Class 12: Vehicles
This class covers vehicles and apparatus for locomotion by land, air, or water, including the components and parts fitted to them, such as motors and engines for land vehicles, vehicle frames, seats, wheels, and tyres.
Nigerian relevance: Automotive brands, motorcycle manufacturers, tricycle (keke) manufacturers, vehicle parts suppliers, and electric vehicle companies. Given the significance of the motorcycle and tricycle transport sector in Nigeria, Class 12 has a wider commercial relevance than it might in other markets.
Class 13: Firearms and Explosives
This class covers firearms, ammunition and projectiles, explosives (other than for mining), and fireworks.
Nigerian relevance: A heavily regulated class in Nigeria. Any registration in this class is subject to the Arms and Ammunition Act and related regulatory requirements. Fireworks manufacturers and importers would register here for their commercial brands.
Class 14: Precious Metals, Jewellery, and Watches
This class covers precious metals and their alloys, jewellery, precious and semi-precious stones, horological and chronometric instruments such as clocks, watches and timing devices, and goods made of precious metals or coated therewith.
Nigerian relevance: Jewellery designers and manufacturers, watch retailers and brands, and precious stone traders. Nigeria’s growing middle-class consumer market and the expansion of luxury retail in cities like Lagos have made this class increasingly active.
Class 15: Musical Instruments
This class covers musical instruments, music stands and stands for musical instruments, as well as cases and accessories specifically adapted for musical instruments.
Nigerian relevance: Musical instrument manufacturers, retailers, and importers. Given the commercial scale of Nigeria’s music industry, brands that supply instruments, accessories, or purpose-built equipment to that industry would register here.
Class 16: Paper, Printed Matter, and Stationery
This class covers paper and cardboard, printed matter, books and bookbinding material, photographs, stationery and office requisites (excluding furniture), adhesives for stationery or household purposes, drawing materials and materials for artists, paint brushes, instructional and teaching materials (excluding apparatus), plastic sheets, films and bags for wrapping and packaging, printers’ type and printing blocks.
Nigerian relevance: Publishers, printing companies, stationery brands, educational material producers, and packaging manufacturers. The packaging industry in Nigeria is particularly relevant here, as many food and consumer product companies also need Class 16 protection for branded packaging materials separate from the product itself.
Class 17: Rubber and Insulating Materials
This class covers unworked or semi-worked rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials, plastics and resins in extruded form for use in manufacture, packing, padding and insulating materials, and flexible non-metallic pipes.
Nigerian relevance: Rubber goods manufacturers, industrial insulation suppliers, and plastic raw material distributors. This class is primarily relevant to upstream and industrial businesses rather than consumer-facing brands.
Class 18: Leather Goods and Travel Accessories
This class covers leather and imitations of leather, animal skins and hides, luggage, travelling bags, handbags, wallets, purses, key cases, umbrellas, parasols, walking sticks, whips, harnesses, and saddlery. It does not cover clothing made of leather, which sits in Class 25.
Nigerian relevance: Bag designers, luggage brands, leather accessories companies, and umbrella manufacturers. Many Nigerian fashion designers operate across both Class 18 and Class 25, and should register in both if their offering spans garments and accessories.
Class 19: Non-Metallic Building Materials
This class covers non-metallic building and construction materials, non-metallic rigid pipes for building, asphalt, pitch and bitumen, non-metallic transportable structures such as prefabricated buildings, non-metallic monuments, and non-metallic items such as doors, windows, and glass for construction.
Nigerian relevance: Concrete block manufacturers, roofing tile companies, asphalt and road surfacing businesses, PVC window and door fabricators, and prefabricated building structure suppliers. Nigeria’s construction sector makes this a commercially significant class.
Class 20: Furniture and Products of Wood, Cork, and Reed
This class covers furniture, mirrors and mirror frames, picture frames, figurines and ornaments not of precious metal, and goods of wood, cork, reed, cane, wicker, bamboo, horn, bone, ivory, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, and of plastics to the extent not included elsewhere. It includes containers of these materials, pillows, and cushions.
Nigerian relevance: Furniture manufacturers, interior design businesses dealing in wood products, and artisan goods companies. Distinct from Class 11, which covers electrical appliances and sanitary installations you might find in the same rooms.
Class 21: Household Utensils and Kitchen Equipment
This class covers small, manually operated household and kitchen utensils and implements, pots and pans, cookware, tableware other than cutlery, decorative glassware, ceramic and porcelain goods not covered elsewhere, cleaning brushes and sponges, combs and personal grooming implements (other than those in Class 8 or Class 3), and insulated containers for keeping food or beverages warm or cold.
Nigerian relevance: Kitchenware brands, ceramic and pottery businesses, cleaning accessories manufacturers, and household goods suppliers serving the retail market. A class with strong relevance to the large number of small and medium businesses supplying household goods in Nigeria.
Class 22: Ropes, Twine, Nets, and Textile Fibres
This class covers ropes and cordage, string and twine, nets, tents, tarpaulins, awnings and sunblinds, sails, sacks for the transport and storage of bulk materials, padding, cushioning and stuffing materials (other than of paper, cardboard, rubber, or plastics), and raw fibrous textile materials and substitutes therefor.
Nigerian relevance: Industrial rope and net manufacturers, tarpaulin suppliers, agricultural sack producers, and raw textile fibre companies. Relevant in the agricultural and logistics sectors.
Class 23: Yarns and Threads
This class is narrow in scope. It covers yarns and threads for textile use, including spinning fibres.
Nigerian relevance: Textile manufacturers, spinning mills, and yarn and thread brands supplying the garment production and weaving industries.
Class 24: Textiles and Fabric Goods
This class covers textiles and textile goods not provided for in other classes, including fabrics for making clothing, household textiles such as bed linen, table linen and bath linen, duvets and comforters, and covers for furniture.
The distinction between Class 24 and Class 25 is material and often misunderstood. Class 24 is for the fabric or textile as a product, including branded fabric sold by the metre or in rolls. Class 25 is for the finished clothing, footwear, or headgear made from that fabric. A company that sells Ankara fabric registers in Class 24. A company that sews and sells Ankara dresses registers in Class 25. A company that does both needs both.
Nigerian relevance: Fabric merchants, bedding manufacturers, and textile brands. Given the cultural centrality of fabric in Nigerian commerce, both in the traditional market and in contemporary fashion, Class 24 is a practically important class for businesses in this space.
Class 25: Clothing, Footwear, and Headgear
This class covers all forms of clothing for humans, footwear, and headgear. It does not cover clothing accessories such as bags (Class 18), the fabrics from which clothing is made (Class 24), or protective clothing specifically designed for use in dangerous environments, which may fall elsewhere depending on the nature of the protection.
Nigerian relevance: One of the highest-activity trademark classes in Nigeria. Every clothing brand, shoe label, fashion designer, and cap or headgear producer registers here. The breadth of Nigeria’s fashion industry, spanning street wear, traditional attire, luxury fashion, and footwear, makes this one of the most contested classes at NIPO.
Class 26: Lace, Embroidery, and Haberdashery
This class covers lace and embroidery, ribbons, braid, buttons, hooks and eyes, pins and needles, sewing notions, artificial flowers, hair decorations (other than those made of precious metal, which sit in Class 14), and false hair and hair extensions.
Nigerian relevance: Embroidery and fashion trim businesses, hair accessory brands, and haberdashery suppliers. The market for hair extensions and braiding accessories in Nigeria makes this class commercially relevant beyond what its narrow official scope might suggest.
Class 27: Floor Coverings
This class covers carpets, rugs, mats, matting, linoleum and other hard floor coverings, and non-textile wall hangings. It does not cover painted murals or textile hangings, which fall elsewhere.
Nigerian relevance: Carpet and rug brands, floor tile and covering suppliers, and interior design businesses dealing in floor and wall treatments.
Class 28: Games, Toys, and Sporting Goods
This class covers games and playthings, electronic games as hardware, video game apparatus and controllers, gymnastic and sporting equipment, Christmas tree decorations, and playing cards. The hardware for gaming consoles sits here; the software and downloadable games sit in Class 9.
Nigerian relevance: Toy manufacturers and importers, sporting goods brands, gaming peripheral companies, and fitness equipment suppliers. Nigeria’s growing young population and the expansion of organised sport and recreational activity make this a class worth watching.
Class 29: Processed Foods Derived from Animal and Plant Sources
This class covers meat, fish, poultry and game, meat extracts, preserved and processed vegetables and fruits, jellies and jams, eggs, milk and dairy products, edible oils and fats, processed food products generally, and soups and broths.
The boundary between Class 29 and Class 30 is drawn along processing type and ingredient category rather than any single clear rule. Broadly, Class 29 handles foods of animal origin and processed versions of things that were once alive, while Class 30 handles plant-based staples, condiments, and flavourings. Some products sit comfortably in one class; others require careful consideration.
Nigerian relevance: Processed meat brands, dairy companies including locally produced yoghurt, cheese, and milk products, canned fish businesses, edible oil producers, and manufacturers of packaged soups and stews.
Class 30: Staple Foods, Condiments, and Flavourings
This class covers coffee, tea, cocoa, artificial coffee, sugar, rice, pasta, flour and preparations made from cereals, bread, pastries and confectionery, chocolate, ice cream, salt, mustard, vinegar, sauces, spices, and yeast.
For Nigerian food businesses, this is one of the most commercially important trademark classes. The range of locally produced branded food products that fall here is extensive.
Nigerian relevance: Rice brands, garri producers, flour mills, seasoning and stock cube manufacturers, tomato sauce and condiment brands, bakeries, confectionery companies, tea and herbal beverage brands, and spice producers. Suya spice blends, ogiri, iru, uziza, and other traditionally produced condiments entering commercial branding would register in this class.
Class 31: Raw Agricultural and Horticultural Products
This class covers unprocessed agricultural, aquacultural, horticultural, and forestry products, raw and unprocessed grains and seeds, fresh fruits and vegetables, fresh herbs, live plants and flowers, live animals, foodstuffs and fodder for animals, malt, and seaweed used as food.
The critical distinction between Class 31 and Classes 29 or 30 is the word “unprocessed.” The moment a product is transformed through cooking, drying, canning, milling, or any other treatment that changes its natural state in a material way, it likely moves out of Class 31.
Nigerian relevance: Fresh produce brands, seed companies, nurseries and plant sellers, animal feed manufacturers, poultry farms operating under a brand, and aquaculture businesses. As Nigeria’s agricultural sector increasingly adopts commercial branding, Class 31 registrations have grown.
Class 32: Beer, Non-Alcoholic Beverages, and Soft Drinks
This class covers beers, non-alcoholic beverages, mineral and aerated waters, flavoured waters, energy drinks, fruit juices and nectars, vegetable juices, and syrups and concentrates for making non-alcoholic beverages. Note that beer sits in Class 32, not Class 33. All other alcoholic drinks are in Class 33.
Nigerian relevance: Soft drink manufacturers, bottled water brands, fruit juice companies, energy drink brands, and beer producers. Nigeria’s beverage industry is large and diverse, and this class covers most of it.
Class 33: Alcoholic Beverages, Excluding Beer
This class covers wines, spirits, liqueurs, and all other alcoholic beverages not classified as beer.
Nigerian relevance: Spirits brands, wine importers and distributors, and commercially branded traditional alcoholic beverages. As the category of locally produced and commercially packaged spirits, wines, and fermented beverages grows in Nigeria, including brands built around palm wine, burukutu, and other indigenous alcoholic products, Class 33 becomes increasingly relevant to domestic businesses.
Class 34: Tobacco, Smoking Products, and Related Items
This class covers tobacco in all forms, cigarettes, cigars, cigarillos, pipe tobacco, snuff, electronic cigarettes, e-liquids for electronic cigarettes, smokers’ articles such as lighters, ashtrays, and cigarette papers, and matches.
Nigerian relevance: Tobacco companies, cigarette brands, and smoking accessory manufacturers and retailers.
SERVICES: Classes 35 to 45
Class 35: Advertising, Business Management, and Retail Services
This class covers advertising and marketing services, business management, business administration, office functions, and the bringing together of goods for others. It also expressly includes retail and wholesale services, meaning the act of operating a shop or marketplace where goods are sold to consumers is a service that can be registered here, separate from the goods themselves.
This is an important structural point. If your brand is associated with the sale of products, you may want to register both in the class covering the products and in Class 35 for the retail service. An e-commerce platform, for example, sells products made by others. The platform’s brand in its capacity as a marketplace is a Class 35 matter. Any proprietary products it sells under its own label would each need their own separate goods class.
Nigerian relevance: Marketing and advertising agencies, business consultancies, recruitment agencies, e-commerce platforms, retail chains, franchises, and market research firms. Class 35 is widely relevant to any service-based business in Nigeria and to any business operating a retail function under a brand name.
Class 36: Financial, Insurance, and Real Estate Services
This class covers insurance services, banking, financial services, monetary services, currency exchange, capital and investment management, and real estate services including property sales, lettings, and management.
For Nigeria’s fintech sector, Class 36 is essential but not always sufficient on its own. A fintech company typically provides financial services (Class 36) through software (Class 9 or 42). A comprehensive filing strategy for a fintech business usually needs to address all three classes. The priority among them depends on which aspect of the business the brand is most strongly associated with.
Nigerian relevance: Commercial banks, microfinance banks, insurance companies, pension fund administrators, investment managers, stockbrokers, real estate agencies, mortgage companies, and fintech platforms offering financial products or payment services.
Class 37: Construction, Installation, and Repair Services
This class covers construction and repair services, including building construction, renovation, and restoration, as well as installation services for equipment and systems.
Nigerian relevance: Construction companies, building contractors, civil engineering firms, electrical and plumbing contractors, vehicle repair workshops, and appliance installation and repair businesses. Nigeria’s substantial real estate development and construction sector makes this one of the more active service classes.
Class 38: Telecommunications Services
This class covers all forms of telecommunication services, including telephone, data, internet, television broadcasting, radio broadcasting, cable television, and satellite services. It covers the act of transmitting communications, not the hardware used to transmit them (which is Class 9) or the content being transmitted (which may be Class 41).
Nigerian relevance: Telecommunications operators, internet service providers, cable and satellite television providers, and streaming platform operators in their capacity as content delivery services. MTN, Airtel, Glo, and 9Mobile operate in this class for their core communication services. As over-the-top communication services such as messaging apps and voice-over-internet services have grown in Nigeria, Class 38 has also become relevant to technology companies that are not traditional telecoms.
Class 39: Transport, Logistics, and Travel Services
This class covers transportation of people and goods by any mode, including road, rail, air, and sea. It also covers warehousing and storage, packaging and delivery of goods, and travel arrangement services such as booking and ticketing.
Nigerian relevance: Courier and logistics companies, freight forwarders, shipping lines, airlines, ride-hailing platforms for the transportation service component, warehousing and storage businesses, and travel agencies. Nigeria’s logistics sector has expanded considerably with the growth of e-commerce, making Class 39 increasingly significant for technology companies whose primary commercial function is the movement of goods or people.
Class 40: Treatment and Processing of Materials
This class covers services that involve treating, processing, or transforming materials on behalf of others. This includes custom manufacturing, material refining, recycling services, waste treatment, printing services in the sense of printing for others, food and beverage processing for others, and textile treatment including dyeing and laundering.
The distinction between Class 40 and manufacturing under a goods class is that Class 40 is a service rendered to a third party. A business that processes goods on behalf of clients is in Class 40. A business that manufactures goods and sells them under its own brand is in the relevant goods class.
Nigerian relevance: Printing and publishing services, recycling businesses, waste processing companies, commercial laundries, food processing services, and custom fabrication workshops.
Class 41: Education, Entertainment, and Cultural Activities
This class covers educational services at all levels, vocational training, coaching and tutoring, entertainment services in any form including music, film, theatre, comedy, and digital content, publishing of content (as a service), sporting events and activities, and cultural and artistic activities.
Nigerian relevance: Schools, universities, and educational institutions, professional training academies, event promotion and management companies, music labels in their entertainment service function, digital content platforms, sports clubs and leagues, and media companies. Nigeria’s creative and entertainment industry, one of the most significant on the continent, generates high trademark activity in Class 41.
Class 42: Scientific, Technological, and Software Services
This class covers scientific and technological research and development services, design and development of computer hardware and software, IT consultancy, software as a service (SaaS), platform services, cybersecurity services, cloud computing services, quality control and authentication services, and industrial design services.
The boundary between Class 9 and Class 42 is one of the most practically significant distinctions in trademark classification for technology businesses. Class 9 protects the software product itself, typically a downloadable or installed application. Class 42 protects the software service, meaning a platform or application that users access online without downloading or owning the software. Most technology companies need both, but the emphasis depends on how their product reaches users.
Nigerian relevance: Software development companies, SaaS businesses, cloud service providers, IT consultancies, technology infrastructure companies, app developers offering subscription services, and digital platform operators. This is a high-priority class for Nigeria’s technology ecosystem, particularly for businesses in the B2B software and platform space.
Class 43: Restaurant, Catering, and Hospitality Services
This class covers services that provide food and drink for immediate consumption, including restaurants, cafes, bars, canteens, catering services, and event food services. It also covers temporary accommodation services such as hotels, motels, bed and breakfasts, serviced apartments, and short-let accommodation.
Nigerian relevance: Restaurants, fast food chains, caterers, hotels, guest houses, short-let apartment operators, and corporate catering services. This is the class for any hospitality or food service business, and it is distinct from the food products themselves, which sit in Classes 29, 30, 31, or 32 depending on the specific product.
Class 44: Medical, Veterinary, and Beauty Services
This class covers human medical and surgical services, dental services, veterinary services, health and wellness services, hygienic and beauty care services for humans and animals, agriculture, aquaculture, horticulture, and forestry services.
The distinction between Class 44 and Class 5 is worth noting again here. Class 5 is for pharmaceutical and health products. Class 44 is for the services rendered by healthcare professionals and businesses. A hospital is Class 44. The drugs it dispenses are Class 5.
Nigerian relevance: Hospitals and clinics, dental practices, pharmacy chains in their service function, veterinary clinics, beauty salons, hair salons, barbershops, spas and wellness centres, and agricultural advisory services.
Class 45: Legal, Security, and Personal Services
This class covers legal services, security services for the protection of property and individuals, and personal and social services rendered to meet individual needs not covered by other classes. It also covers intellectual property licensing, franchising in its legal and administrative dimension, and related services.
Nigerian relevance: Law firms, legal consultancies, security companies, IP licensing and management businesses, funeral services, and matrimonial agencies. For law firms and legal service providers in Nigeria, Class 45 is the natural home for trademark protection of the firm’s brand.
Which Classes See the Most Activity in Nigeria?
Some trademark classes are consistently busier than others in Nigeria, reflecting the structure of the country’s economy and the industries most active in brand building. The following classes attract the highest volume of filings based on commercial activity and sectors where enforcement disputes most commonly arise:
• Class 3 sees constant activity driven by Nigeria’s cosmetics, skincare, and personal care sector, which has expanded rapidly with both imported brands and locally produced alternatives.
• Class 5 reflects Nigeria’s pharmaceutical manufacturing sector, one of the largest in sub-Saharan Africa, alongside the rapid growth of the supplement and wellness industry.
• Class 9 has grown in line with the technology startup ecosystem centred in Lagos, covering software products, apps, and electronics.
• Class 25 is one of the oldest and most contested classes, given the scale and diversity of Nigeria’s clothing and footwear market, spanning traditional wear, street fashion, and luxury brands.
• Class 30 covers the heart of Nigerian food commerce, from rice and flour brands to the seasoning cube manufacturers whose products sit in virtually every household.
• Class 35 is broadly relevant across sectors, covering the business services that support the rest of the economy, from marketing agencies to retail operations.
• Class 36 reflects the size of Nigeria’s financial sector and the fintech wave that has brought dozens of new payment, lending, and investment brands to market in recent years.
• Class 42 has grown alongside the SaaS and platform economy, with increasing numbers of Nigerian software businesses protecting their service-layer brands separately from their product-layer ones.
Common Mistakes Nigerian Businesses Make with Trademark Classes
Treating a business name registration as trademark protection.CAC registration and trademark registration are entirely separate legal processes with entirely separate legal effects. Many businesses in Nigeria operate for years under the impression that their CAC-registered name is protected, only to discover a competitor using the same name when it is too late to resolve it easily. Trademark registration at NIPO is the only route to exclusive brand protection.
Protecting the product but not the service. A brand that sells a product and also provides services around that product (delivery, installation, customer training, and a subscription service) should consider registering in both the goods class and the relevant service class. An e-commerce business selling branded products under its own name may need a goods class for those products and Class 35 for the retail service.
Using Class 35 as a default for everything. Class 35 covers advertising, business administration, and retail services. It is not a general-purpose class for business brands. A company that manufactures goods should register in the class for those goods, not assume that Class 35 will protect its commercial activities broadly.
Confusing raw and processed food categories.A brand that sells fresh tomatoes sits in Class 31. A brand that sells canned tomatoes or tomato paste sits in Class 29. A brand selling tomato-based sauce or seasoning may sit in Class 30. Food businesses should map their specific product range against the class definitions carefully, as the distinctions matter for protection and for avoiding conflicts with existing marks.
Missing the Class 9 versus Class 42 distinction. Downloadable software is a product and belongs in Class 9. Software delivered as a service (a platform, a SaaS product, a cloud-based tool) belongs in Class 42. A business offering both needs both. Getting this wrong means your trademark registration does not cover the way your product is actually used by customers.
Filing a single class and assuming comprehensive coverage.Businesses that grow and diversify often find that their original trademark registration no longer covers everything they do. Trademark protection does not automatically expand when your business does. New goods or service categories require new applications.
The Registration Process at NIPO
Once you have identified the correct class or classes, the registration process in Nigeria follows these stages:
1. Availability search. Before filing, it is standard practice to conduct a trademark search at NIPO to identify any existing or pending marks in your target class that could conflict with your application. NIPO typically returns search results within a few days. A thorough search reduces the risk of filing a mark that will be refused on relative grounds.
2. Preparing and filing the application. The application must include the applicant’s full legal name, physical address, nationality, and contact details; a clear representation of the mark in the prescribed format (JPEG, minimum 1,200 dpi, preferred dimensions of 120 pixels by 100 pixels); and a specification of the goods or services for which protection is sought within the relevant class. Foreign applicants are required to appoint a local attorney or trademark agent in Nigeria to file on their behalf and must submit a duly executed Power of Attorney. Notarisation is not required. Electronic filing is available through NIPO’s online platform, with official fees payable via Quickteller.
3. Examination.NIPO examines the application on both absolute grounds (whether the mark is inherently capable of distinguishing the applicant’s goods or services) and relative grounds (whether it conflicts with existing registered or pending marks in the same class). An Acceptance Letter is typically issued within one to three months of filing, though timelines can vary.
4. Publication.On acceptance, the mark is published in the Nigerian Trademarks Journal. This opens a two-month window during which any third party that believes they would be adversely affected by the registration may file an opposition. NIPO has a formal opposition procedure under which both sides may file evidence and submissions.
5. Certificate of registration.If no opposition is filed, or if any opposition filed is unsuccessful, the applicant pays the registration fee and NIPO issues a Certificate of Registration. From filing to certificate, the process typically takes between 12 and 18 months where proceedings run smoothly.
What Cannot Be Registered as a Trademark in Nigeria
Not every mark is eligible for registration. Under the Trademarks Act, NIPO will refuse marks that fall into the following categories:
• Marks that are not distinctive, meaning marks that consist exclusively of signs or indications that describe the characteristics of the goods or services, such as “fresh” for fresh produce or “fast” for courier services.
• Marks that are deceptive or likely to mislead consumers about the nature, quality, or geographical origin of the goods or services.
• Marks that are contrary to public policy or accepted principles of morality.
• Marks that are scandalous in nature.
• Marks that would cause confusion with an earlier registered mark in the same or a closely related class.
• Names of chemical substances or compounds.
• Geographical names used in their ordinary descriptive sense.
• The Royal Arms or any heraldic device associated with the Nigerian state, unless authorised.
A mark can acquire distinctiveness over time through sustained and exclusive use in trade, and may become registrable on that basis even if it would originally have been refused. This principle, known as acquired distinctiveness or secondary meaning, requires evidence of the extent and duration of use.
Frequently Asked Questions
Do I need to register my trademark in every class?
No. You register only in the classes that cover your actual goods and services. Filing in classes irrelevant to your business wastes money and provides no practical benefit. The goal is to identify the classes where protection matters and file only in those.
Can two different businesses hold the same trademark in different classes?
Generally, yes. Because trademark protection is class-specific, the same word or logo can coexist in different classes when there is no likelihood of consumer confusion about the commercial origin of the respective goods or services. The closer the classes and the more related the businesses, the higher the risk of a conflict arising. Well-known marks are an exception: a sufficiently famous mark may receive protection across all classes regardless of where it is registered.
What happens if I register in the wrong class?
The registration will be issued, but it will protect the wrong category of goods or services. If you later need to enforce your rights in relation to your actual business activities and you have not registered in the right class, your position will be significantly weakened. You will need to file a fresh application in the correct class and go through the full process again.
Is my Nigerian trademark protected in other countries?
No. Trademark rights are territorial. Registration at NIPO gives you rights only within Nigeria. Since Nigeria is not yet a member of the Madrid Protocol, there is no international registration system that includes Nigeria. If you need protection in other countries, you must file separately in each of them, either through national applications or, where available, through regional systems such as the African Regional Intellectual Property Organisation (ARIPO) for common law countries, or the Organisation Africaine de la Propriete Intellectuelle (OAPI) for francophone African countries.
Can a foreigner register a trademark in Nigeria?
Yes. Nigerians, foreigners, companies incorporated anywhere, partnerships, and associations can all apply to register trademarks in Nigeria. Foreign applicants must appoint a local trademark attorney or agent to manage the filing.
Is legal representation required?
Nigerian nationals and locally incorporated companies can file directly at NIPO without representation. However, properly identifying the correct class, conducting a thorough availability search, drafting an effective specification of goods and services, and managing the examination and opposition process are all areas where professional input significantly improves outcomes. For foreign applicants, local representation is mandatory.
What is the difference between a trademark and a patent?
A trademark protects a brand identifier, such as a name, logo, or slogan, in connection with specific goods or services. A patent protects a technical invention, meaning a new and inventive product or process. The two forms of intellectual property are separate, governed by different legislation, and administered through different NIPO processes. A business may need both, depending on the nature of its commercial assets.