EXAMINING TRADE MARKS INFRINGEMENT IN NIGERIA

Abstract

Trade mark infringement is becoming increasingly common due to multiple factors like the weakness ofenforcement system, lack of sensitization, advent of digital platforms and other factors. Trade mark infringementis the unauthorized use of a trade mark in a way that deceives the public or confuses the public into believingthat the mark is the same with the registered trade mark. The aim of this study is to examine what constitutestrade mark infringement in Nigeria by examining the provisions of the Trade Marks Act that provides for trademark infringement and also case laws. The Trade Marks Act Cap T13 2004 is the principal legislation for trademarks protection in Nigeria. The methodology of the study is the doctrinal and analytical approach. It examinedSection 5 of the Trade marks Act and also some cases. It found that for a trade mark proprietor to succeed in atrade mark infringement case, the mark must be registered which confers the right to action for infringement,the use of the mark was without his consent, it is likely to cause confusion and must be in relation to goods forwhich the mark was registered. It recommended a wider scope where infringement would cover not only goodsbut also services and also include goods which are not in relation to goods for which the mark was registered.