Trademark Ownership and Protection in Nigeria: Some Reflections on the Trademark Act Cap T13, Laws of the Federation of Nigeria 2004

Abstract

Trademark is a form of intellectual property. Globally, trademark has
contributed immensely to the economic growth and development of many
nations. It acts as a means of identifying a business. It is employed or used
in the field of trading to distinguish and build reputation for one's product
from that of others or competitors. Successful businesses often have their
trademarks infringed by competitors through attempting to exploit their
goodwill. It is against this background that trademark owners usually
take necessary steps to protect their trademarks and goodwill. This article
seeks to examine trademark ownership and protection in Nigeria. In
doing so, the paper critically examines the provisions of the Nigerian
Trademarks Act Cap T13, Laws of the Federation 2004. This paper
adopted doctrinal research methodology approach. The main sources of
information and data collection for this study were the relevant statutes,
case laws, textbooks, journal articles and the internet. The article found
that the Act is deficient and do not address or take cognizance of recent
developments in international trademark administration and practice.
The paper recommended that the Nigerian Trademark Act be amended in
order to bring it in tandem with global best practices in trademark
administration and practice.