(2)
62.
For the purposes of this section, the use in Nigeria in relation to a trade mark of the word
registered or of any other word referring whether expressly or by implication to registration, shall be
taken to import a reference to registration in the register, except (a)
where that word is used in physical association with other words delineated in characters at
least as large as those in which that word is delineated and indicating that the reference is to
registration as a trade mark under the law of a country other than Nigeria, being a country under
the law of which the registration referred to is in fact in force; or
(b)
where that word (being a word other than the word registered) is of itself such as to indicate
that the reference is to such registration as last aforesaid; or
(c)
where that word is used in relation to a mark registered as a trade mark under the law of a
country other than Nigeria and in relation to goods to be exported to that country.
(1)
If in connection with any trade, business, calling or profession any person, without the
authorisation of the appropriate authority -
(a)
uses the Arms of Nigeria or the Arms of a State (or arms so closely resembling the same as to
be calculated to deceived) in any manner calculated to lead to the belief that he is duly
authorised to use the Arms of Nigeria or the Arms of that State, as the case may be; or
(b)
uses any device, emblem or title in any manner calculated to lead to the belief that he is
employed by or supplies goods to the President or the Governor of a State in his official capacity
as such, he shall be guilty of an offence and liable on summary conviction to a fine not
exceeding forty naira.
(2)
Nothing in the foregoing subsection shall be construed as affecting the right, if any, of the
proprietor of a trade mark containing any such arms, device, emblem or title as aforesaid to continue
to use that trade mark
(3)
In this section, the appropriate authority"(a)
in relation to the Arms of Nigeria and to employment by or the supply of goods to the
President, means the President; and
(b)
in relation to the Arms of a State and to employment by or the supply of goods to the
Governor of a state, means he Governor of that State.
Miscellaneous and supplemental
63. (1)
The Registrar shall, from time to time, publish a journal (in this Act referred to as the Journal) to
be known as the Trade Marks Journal.
(2)
There shall be published in the Journal all matters required by or under this Act to be so published
and all such other matters relating to trade marks as the Registrar thinks fit.
64. (1)
Where the relations between two or more persons interested in a trade mark are such that no one of
them is entitled as between himself and the other or others of them to use it except (a)
(b)
(2)
on behalf of both or all of them; or
in relation to an article with which both or all of them are connected in the course of trade,
those persons may be registered as joint proprietors of the trade mark, and this Act shall have
effect in relation to any rights to the use of the trade mark vested in those persons as if those
rights had been vested in a single person.
Subject to he foregoing subsection, nothing in this Act shall authorise the registration of two or
more persons who use a trade mark independently, or propose so to use it, as joint proprietors
thereof.