Trade Marks Act
Chapter 436
Laws of the Federation of Nigeria 1990
An Act to repeal the Trade Marks Act and make new provisions with respect to trade marks in place thereof and
for connected purposes.
1st day of June 1967
The Registrar and the register
1. (1)
There shall continue to be an officer known as the Registrar of Trade Marks (in this Act referred
to as "the Registrar) who shall be appointed by he Federal Civil Service Commission and whose
office shall be situated in the Federal Capital Territory, Abuja.
(2)
The Registrar shall in the exercise of his functions other than the taking of any decision which
under this Act is subject to appeal to he court, act under he general direction of the Minister.
(3)
Any act or thing directed to be done by or to the Registrar may be done by or to any other officer
in the public service of he Federation authorised by he Minister.
(4)
2. (1)
(2)
The Registrar shall have an official seal which shall be officially and judicially noticed.
There shall continue to be kept the record called the register of trade marks, in which shall be
entered all registered trade marks with the names and addresses of their proprietors, the date on
which applications were made for their registration, notifications of assignments and transmissions,
the names and addresses of all registered users and such other matters relating to registered trade
marks as may be prescribed.
The register shall continue to be kept under he control and management of he Registrar at he
Registrar's office.
(3)
The register shall continue to be divided into two parts called respectively Part A and Part B,.
(4)
The register shall at all convenient times be open to the inspection of the public, subject to such
rules as may be prescribed.
Effects of registration and non registration
3.
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the
infringement of an unregistered trade mark; but nothing in this Act shall be taken to affect rights of
action against any person for passing off goods as the goods of another person or the remedies in respect
thereof.
4.
A trade mark must be registered in respect of particular goods or classes of goods, and any question
arising as to the class within which any goods fall shall be determined by the Registrar, whose decision
shall be final.
5.
(1)
Subject to the provisions of this section and of sections 7 and 8 of this Act, the registration
(whether before or after the commencement of this Act) of a person in Part A of the register as
proprietor of a trade mark (other than a certification trade mark) in respect of any goods shall, if
valid, give or be deemed to have given to that person the exclusive right to the use of that trade mark
in relation to those goods.