TRADEMARK REGISTRATION IN NIGERIA: EXAMINATION OF THE PROCEDURES AND EXCLUSIONARY CRITERIA

Abstract

Trademarks play a vital role in protecting business identities and minimizing consumer confusion. This paper critically examines the trademark registration process in Nigeria, alongside the legal grounds for exclusion from registration within the Nigerian legal framework. The discussion begins with an overview of trademarks, emphasizing their significance in safeguarding brand identity and distinguishing products and services. The primary objective is to provide a detailed analysis of the trademark registration procedures in Nigeria. This includes an exploration of the application process, The role of the Registrar, the opposition period, and the issuance of certificates. Utilising a doctrinal research approach, the analysis reviews relevant statutes, judicial decisions, and academic commentary. Notable sections of the Trade Marks Act, sections 9 to 11 are discussed alongside landmark cases like PZ Cussons Ltd. v Unilever Plc. Findings indicate that while Nigeria's trademark registration framework is comprehensive, challenges such as lengthy application timelines and outdated procedures persist. The paper concludes by recommending that, streamlining registration processes and embracing technological innovations could enhance efficiency, ultimately fostering fair competition and consumer protection in Nigeria.