REGISTRATION OF TRADEMARKS IN NIGERIA.

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REGISTRABLE MARKS

The Registrar of Trademarks keeps a Register of all Registered Trademarks, the names, addresses of the owners/proprietors of such trademarks and all necessary dates to such trademarks. For a trademark to be registered it must fall within registrable elements by containing distinctive elements. An element will be held to be DISTINCTIVE if it will distinguish a product or service from others in a particular class. It must contain any of the following which must be DISTINCTIVE;

  1. A name of a company or individual or firm, represented in a special or particular manner. Examples are Mark and Spencer®, Paul Smith®, TOYOTA®, LearnNigerianLaws® and LG® (the marks are names of individuals, firms and companies).
  2. The signature of the applicant for registration or some predecessors in his business. Examples are: the unique signature of Mr. Arthur Guinness is part of the logo of Guinness Nigeria Limited and the signature of a renowned fashion designer Sir Paul Smith is his trademark.
  3. An invented word or invented words. Examples “TEM TEM” by Rev. Fr. Ejike Mbaka (A roman Catholic priest), “Noting DEY HAPPEN” by Tuface Dibia (Nigerian musician), “SO MUCH MORE” by DSTV (a pay to air company) and “LIFE IS GOOD” by LG (an electronics manufacturing company), “PANADOL” by Emzor Pharmaceutical Limited.
  4. A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification or geographical name or surname. Examples are Nokia®, Lambrusco® and Oando™
  5. Any other distinctive mark. Examples are the logos of Rolls Royce (Spirit of Ecstasy) and Apple Inc. (a Bitten Apple).  

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