Overview

This document is the Trade Marks Act, Chapter 436 of the Laws of the Federation of Nigeria 1990. It is an Act to repeal the previous Trade Marks Act and establish new provisions concerning trade marks. The Act came into force on 1st June 1967. It establishes the office of the Registrar of Trade Marks, appointed by the Federal Civil Service Commission, with the office situated in Abuja. The Registrar acts under the general direction of the Minister, except for decisions subject to court appeal. The Act mandates the continuation of the register of trade marks, divided into Part A and Part B, containing details of registered marks, proprietors, assignments, and registered users. The register is open to public inspection. The Act specifies that no proceedings can be instituted for infringement of an unregistered trade mark, but rights for passing off actions are preserved. Trade marks must be registered in respect of particular goods or classes, with the Registrar determining class disputes. Registration in Part A grants the proprietor exclusive rights to use the mark in relation to those goods, and infringement occurs when a non-proprietor uses an identical or deceptively similar mark in the course of trade, likely to deceive or cause confusion. The right is subject to conditions or limitations on the register.

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