OPPOSITION PROCEEDINGS MADE SIMPLE An application for a Trademark in Nigeria is subjected to two levels of examination before it can proceed to advertisement in the Trademark Journal.Firstly, there is the formal examination of the application. Put simply, this is merely an inspection of the application by the Trademark registry to ensure that the formalities …
FIVE THINGS YOU NEED TO KNOW ABOUT TRADEMARKS 1. IT’S ALL IN THE NAME The best Trademarks are those which are inherently distinctive. Examples of inherently distinctive marks would be where the mark is an invented word applied to goods or services such as “XEROX” for photocopiers, or words that already exist but are then …
THE MADRID SYSTEM IN AFRICA The Madrid System for the International Registration of Marks comprises the Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to the Madrid Agreement adopted in 1989 and entered into force on December 1, 1995. It is administered by the International Bureau of the World Intellectual Property Organization (hereinafter referred to as …
USE AND NON USE: THE NIGERIAN TRADE MARKS ACT. When a company or individual decides to register a Trade mark there is an expectation in Law that the trade mark will be used by that company in the “course of trade”. In Nigeria, the Trade Marks Act prescribes a period by which, if a mark …
PROCEDURE FOR TRADE MARK REGISTRATION IN NIGERIA The registration of trade mark process is administered by the Registrar of Trade Marks at the Trade Marks Registry Abuja. What can be registered as a Trade Mark? Section 67 of the Trademark Act defines a trade mark as: A mark used or proposed to be used in …
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FIVE THINGS TO KNOW ABOUT INDUSTRIAL DESIGNS 1. What is an Industrial Design ? An Industrial design constitutes the ornamental or aesthetic aspect of an article. The design may consist of three dimensional features, such as the shape of an article or two dimensional features, such as patterns, lines or colour. In Nigeria, the Nigerian …
TRADE MARK LICENSING AND REGISTERED USER PROVISIONS IN NIGERIA A Trade mark owner (Licensor) is able to grant permission to a third party (Licensee) to use its Trade Mark on mutually agreed terms and conditions. This is usually referred to as Trade Mark Licensing. There are different types of Trade Mark Licensing. The two most …
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COPYRIGHT PROTECTION IN NIGERIA (I) In Nigeria, computer programs, whether in source or object code, are protected under copyright. Section 39 of the Nigerian Copyright Act 1988 defines a computer program as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result”. “Literary …
COPYRIGHT PROTECTION IN NIGERIA (I) Copyright protection is afforded to certain “works” under S.1. of the Copyright Act, Nigeria. The term “work” includes literary, musical and artistic works, cinematograph films, sound recordings and broadcasts. Only if a “work” falls into the following categories will it attract copyright protection in Nigeria. Literary Work:includes irrespective of literary …
COPYRIGHT PROTECTION IN NIGERIA (II) Previously, we discussed the framework for copyright protection in Nigeria. Firstly, it should be noted that, unlike Trademarks, Patents and Industrial Designs there is no centralised system of copyright protection. However, Section 14 of the Act states that publishers, printers, producers or manufacturers of copyrighted material must keep a register …