A JURIDICAL REVIEW OF TRADE MARKS INFRINGEMENT, DEFENCES AND REMEDIES UNDER THE NIGERIAN LEGAL SYSTEM

Abstract

Trade mark infringement is the colourable imitation of ones registered trade mark by another in such a way that the marks used is identical or closely resembles that of the proprietor in the of trade mark is vested in the proprietor or registered user and the court that has jurisdiction is the Federal High Court. However there are defences available to the defendant in an action for trade marks infringement, such as, bona fide use, vested rights, non registration, prior use and non use. There are also remedies that may be granted by the court to the proprietor for infringing on his product, such as damages, injunction, account of profit, delivery up of possession, Anton Pillar order and rectification of the register. The review of statutes, case laws, text books, journals and internet materials show that cases of trade mark infringement abound, some of which may be intentional or unintentional and the courts have constantly frowned at them. It is important and necessary that there should be public enlightenment on registration and non registration of trade marks and their implications. The Trade Marks Act should be amended to included provisions for remedies for infringement and using trade mark for services too like in order jurisdictions.