An Assessmennt of the Recognition and Protection of Trademark Laws in Nigeria

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In conclusion, the Nigerian Trade Marks Act is deficient in several areas and falls below the standard of equivalent laws in other countries, internationally, hence the Act cannot provide adequate protection to all kinds of trademarks. Thus, this study shall be recommending ways for adequate and holistic protection of trademarks in Nigeria.

- STATEMENT OF RESEARCH OBJECTIVES

This research is focused on the recognition and protection of trademarks in Nigeria and the objectives it seeks to achieve include:

- To discuss the effectiveness of Trademark laws in the aspect of recognition and protection

- To examine the major role of certain bodies in the enforcement and administration of trademark laws

- To analyse the adequacy of the protection provided by Trademark laws in Nigeria

- To make recommendations to the lacuna inherent in the enforcement, recognition and protection of Trademark laws in Nigeria.

- RESEARCH METHODOLOGY

The methods of research to be employed are basically the doctrinal method of research and the explanatory approach to research, by the use of primary and secondary source of law. The primary sources will include; text books, archival materials and internet materials.

Secondary sources will include journals, while judicial positions will be drawn from law reports. Statutes will be the guide to the legal position of the theories to be espoused. This study shall also refer to dictionaries and international laws, treaties and conventions when required.

- SCOPE OF THE RESEARCH

For the purpose of this work on the examination of the law of trademarks will be restricted essentially to the protection and recognition granted under the statutory provisions. Reference will also be made to the case laws and statutory laws in some other jurisdiction such as the United Kingdom and amongst others.

This work’s major theme will explore the provisions of the Trade Marks Act and other relevant legislation enacted for the protection, recognition and enforcement of trademarks, and brings forth the lacunae inherent in the Act while recommending ways for the effective operation of the trademark laws.

- LITERATURE REVIEW

Babafemi F.O[24], discussed trademarks as obtained under the Trade Marks Act. He discussed the various provisions of the Trade Marks Act, and in particular, what is trademark, non-registrable marks, procedure for registration and proprietorship of trademarks, infringement and administration of trademarks, jurisdiction and remedies for trademarks. In addition, he provides a plethora of up-to-date case laws in the area of law, which gave his work a richer and more authoritative quality[25]. The content of his work is broad and he was able to examine the important aspect of the Trade Marks Act. This research work would examine the extent of the recognition of trademark laws in Nigeria as a catalyst for economic development, it would also examine certain legislations such as the Nigerian Constitution, the Trade Marks Act and amongst others, which have been put in place and have over the years provided adequate protection to trademark owners in Nigeria.

Mark M.[26] analysed the provisions of the Trade Marks Act with particular emphasis on areas that need readjustments, additions and amendments. He discussed such areas as, the domestication of international treaties, outdated classification of goods and services within the Trade Marks Act, the part A and B dichotomy. He did a compelling job of sourcing out parts of the Act that were out dated and had problems.

Furthermore, the basis of criticism connotes or implies that there is a better way or system of doing things. Mark M. in this article[27], compared the Nigerian Trade Marks Act with that of South Africa and Ghana stating the pitfalls in ours and pointing out where these countries have overcome such pitfalls and amended their laws to reflect trademark reforms, an example is the inclusion of service marks and certification marks in their definition and also in the classification of goods and services to be protected by the trademark laws[28].

Although very informative and knowledgeable, the research work did not examine some important aspect under the administration of trademarks in Nigeria. Therefore, this research work will examine and articulate the role of certain governmental and non -governmental bodies, such as the ministry of industry, trade, and investment, NAFDAC, Nigeria Custom Service, IPLAN and amongst others respectively which are catalyst for enhancing the recognition and protection of trademark towards economic growth in Nigeria

In addition, Fagbemi S.[29]discussed the provisions of the Act especially as pertaining to registration, and non-registrable marks. He also discussed the shortcomings of the Act which he stated to include, the lack of basic innovations such as the registration of service marks, the introduction of exhaustion theory in America, and the emergence of registration of domain name orchestrated by the wide acceptability of internet practice. Although, the work brings to fore some innovative ideas and identified some major problems inherent in the Nigerian Trade Marks Act, it left some important aspect unidentified.

Thus, this research work fills in the gap by bringing a careful look at the level of recognition of trademark laws in Nigeria. It is perceived that, where there is little or no recognition of these laws in Nigeria, development and innovations would be a dream and never a reality because, if the populace do not recognise that these laws actually do exist to protect their intellectual rights, the laws would be dormant, and inactive, hence innovations cannot take place.

Folarin S[30], discussed the concept of Intellectual property, branches and types of intellectual property. He further discussed the registration process of trademarks in Nigeria. Although, the work is rich and educating, it did not examine some current issues relevant to trademark protection in Nigeria. This research work would examine and evaluate the legal and institutional framework relevant for the protection of trademarks in Nigeria and the effect of the rapid development adequate protection would generate for the economic growth, which makes this research work more enlightening.

Kanyip B[31]., discussed particularly in chapter nine, on institutional framework of consumer protection where he pointed out that Consumer

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