DISTINCTIVENESS AND REGISTRATION OF TRADE MARKS UNDER THE TRADE MARKS ACT

Abstract

At the centre of trade mark registration and protection is the issue of distinctiveness. Though the quality of being ‘distinctive’, or being capable of becoming ‘distinctive in use’ is stipulated as a major condition for registrability of a trade mark, the scope of this term and its impact on registration under the two parts of the trade marks register continues remains a major source of worry to proprietors of trade marks. Using the doctrinal methodology, this paper examined the import and scope of distinctiveness vis-à-vis registration of trade marks under Part A and B of the trade marks register. To be effective, this work considered the legal principles on registration of trade marks and critically analyzed the concept of distinctiveness as an important factor in registration of trade marks under Nigerian law. This paper advocated that proprietors of trade marks seeking registration of such marks should pay serious attention to this all-important factor as a pre-requisite for the success of such applications for registration.