65. (1)
(2)
66.
67. (1)
There shall not be entered in the register any notice of any trust, whether express, implied or
constructive; and no such notice shall be receivable by the Registrar.
Subject to he provisions of this Act, equities in respect of a trade mark may be enforced in like
manner as in respect of any other personal property.
Where by this Act any act has to be done by or to any person in connection with a trade mark or
proposed trade mark or any procedure relating thereto, the act may under and in accordance with the
Regulations or in particular cases by special leave of the Minister, be done by or to an agent of that
person duly authorised in the prescribed manner.
In this Act, unless the context otherwise requires, the following expressions have he meanings
hereby assigned to them respectively, that is to say "assignment " means assignment by act of the parties concerned;
"court" means the Federal High Court,
"Journal" means the Trade Marks Journal published under section 63 of this Act;
"limitations" means any limitations of the exclusive right to the use of a trade mark given by the
registration of a person as proprietor thereof, including limitation of that right as to manner of use, as to
use in relation to goods to be sold or otherwise traded in any place in Nigeria, or as to use in relation to
goods to be exported to any market outside Nigeria;
"mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any
combination thereof;
"Minister" means the Minister charged with responsibility for trade marks;
"permitted use" has the meaning assigned by section 33(2) of this Act;
"person concerned", in relation to any matter, does not include the Registrar;
"prescribed" means, in relation to proceedings before the court, prescribed by rules of court, and, in other
cases, prescribed by this Act or the Regulations;
"register" means the register of trade marks kept under this Act;
"registered trade mark" means a trade mark that is actually on the register;
registered user means a person who is for the time being registered as such under section 34 of this Act;
"Registrar" means the Registrar of Trade Marks appointed under section 1 of this Act;
"regulations" means regulations made by the Minister under section 42 or 45 of this Act;
"trade mark" means, except in relation to a certification trade mark, a mark used or proposed to be used
in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade
between the goods and some person having the right either as proprietor or as registered user to use the
mark, whether with or without any indication of he identity of that person, and means, in relation to a
certification trade mark, a mark registered or deemed to have been registered under section 43 of this
Act;
"transmission" means transmission by operation of law, devolution on the personal representative of a
deceased person, and any other mode of transfer not being assignment;
"tribunal " means the Registrar or the court, as the context or circumstances may require.