Trademarks Act, 1965
The Trademarks Act governs the registration and protection of trademarks in Nigeria. Enacted in 1965, it provides the legal framework for the registration of marks used in trade or business to distinguish goods or services. The Act defines the requirements for registration, the rights conferred by registration, and the remedies for infringement.
Legal area: Law relating to the protection of creative works, inventions, designs, and trademarks.
Year enacted: 1965
Full text: https://lawsofnigeria.placng.org/laws/trademarks-act.html
Key Provisions
- Part II: Registration of trademarks and the Register of Trademarks
- Part III: Requirements for registration including distinctiveness and use
- Part IV: Duration and renewal of trademark registrations
- Part V: Rights conferred by registration and infringement
- Section 9: Absolute grounds for refusal of registration
- Section 13: Action for infringement and passing off
Significance
The Trademarks Act is the primary statute protecting brand identity in Nigeria. It is administered by the Trademarks, Patents and Designs Registry and has been complemented by the Trademarks Rules and international treaties including the Madrid Protocol for international trademark registration.