(2)
The registration of a trade mark shall not be invalidated by reason only of the use of the trade
mark in Nigeria during the period specified in this section as that within which the application may
be made.
(3)
The application for the registration of a trade mark by virtue of this section must be made in the
same manner as an ordinary application for he registration of a trade mark under this Act.
(4)
Where a person has applied for protection for any trade mark by an application which (a)
in accordance with the terms of a treaty subsisting between any two or more Convention
countries, is equivalent to an application duly made in any one of those convention countries; or
(b)
in accordance with the law of any Convention country, is equivalent to an application duly
made in that Convention country,
he shall be deemed for the purposes of this section to have applied in that Convention country.
(5)
In this Act, "Convention country" means a country in the case of which there is for the time being
in force a declaration made by the President, with a view to the fulfillment of a treaty, convention,
arrangement or engagement, declaring that that country is a Convention country:
Provided that a declaration may be made as aforesaid for the purpose either of all or of some (but not
all) of the provisions of this Act, and a country in the case of which a declaration made for the
purposes of some (but not all) of the provisions of this Act is in force shall be deemed to be a
Convention country for the purposes of those provisions only.
(6)
A declaration made under this section shall not have effect until published in the Federal Gazette.
Regulations
45. (1)
(2)
46.
The minister may make regulations (a)
for regulating the practice under this Act, including the service of documents;
(b)
for classifying goods for the purposes of registration of trade marks;
(c)
for making or requiring duplicates of trade marks and other documents;
(d)
for securing and regulating the publishing and selling or distributing, in such manner as the
minister thinks fit, of copies of trade marks and other documents;
(e)
for prescribing the fees to be paid in respect of applications, registrations and other mattes
under this Act;
(f)
for prescribing anything required or authorised by this Act to be prescribed by regulations;
(g)
for extending the time limited by this Act for the performance of any act, whether generally or
in particular cases and whether at he discretion of the Registrar or otherwise;
(h)
for imposing restrictions as regards he registration under this Act of the arms, flags, emblems,
titles or other distinctive marks of any country or international organization;
(i)
generally for regulating the business of the office of the Registrar and all things by this Act
placed under the direction or control of the Registrar or the Minister.
Regulations under this section shall not have effect until published in the Federal Gazette.
Where any discretionary or other power is given to the Registrar by this act or the regulations, he shall
not exercise that power adversely to an applicant for registration or the registered proprietor of a trade