International Journal of Business & Law Research 3(3):24-31, July-Sept 2015 (ISSN: 2360-8986)


SEAHI PUBLICATIONS, 2015 www.seahipaj.org

AN ANALYSIS OF STATUTORY PROVISIONS AND CASE LAW FOR TRADE MARKS REGISTRATION UNDER THE NIGERIA TRADE MARKS ACT


Sunday A. FAGBEMI
Senior Lecturer, Department of Public Law, Faculty of Law University of Ibadan, Ibadan, Nigeria

ABSTRACT
The legal implication of trade mark registration is to have exclusive right to use the mark, and if need be, assign the mark to another person for use. The objective of registration of trade mark is to promote association between the mark and the users by the members of the public. The aim of this paper is to analyze the statutory provisions and case law for trade mark registration in Nigeria. In doing this, the article highlights the relevant organ(s) in charge of the administration of trade mark and the advantages of trade mark registration. To understand these advantages, the article itemizes the benefits attached to the registered proprietor on the one hand and the consumers on the other hand. For the purpose of exposition of the intricacies involved in trade mark registration, this study relies heavily on case law on trademark disputes, which illustrates the points being addressed. In conclusion, the paper lists the shortcoming of the extant law on trademark registration in Nigeria;, this is followed with suggestions to help the relevant authorities take steps for the review of trade mark law in Nigeria.
Key Words: Statutory, Case Law, Trademark, Registration, Nigeria