AN EXAMINATION OF THE PROPERTY RIGHTS OF TRADEMARK IN NIGERIA*

Abstract

The property rights here are in relation to intellectual property rights. A trademark can be recognised by a name, word, letter, or design which identifies and distinguishes a business package from other competitors in an open market. A trademark can therefore be seen as property whereby the owner has the right to own and use such property as the owner pleased. Hence, trademarks are seen as private property rights which can be owned and used in the protection of words, designs, or letters, etc. This paper discusses the importance of trademarks in light of its property rights and the need for same to be protected against third party interlopers. A trademark is essential to the business enterprise of an owner and to the society. It should be seen as property which must be protected by adequate laws that aids economic and sustainable development. The need to protect trademark at the national and international levels will also be discussed. The owner of the trademark should therefore have property rights in the product once it has been registered. Hence, the aim of the paper is to discuss how a trade mark should reflect the fact that once it is registered, it should be regarded as an item of property and the proprietor has rights over such goods. Protection of trademark also ensures that the business reputation of the owner is protected against third parties and infringers.