The following are unregisterable trademarks in Nigeria;
Generic words are unregisterable trademarks
A generic word is one which is commonly used as name or description of a kind of goods. It is an elementary concept that a generic term is incapable of achieving trademark protection. Generic words are common words that are found in the dictionary and apply generally to a class of activities. In Smithkline Beecham Plc v. Farmex Limited (2010) 1 NWLR (Pt. 1175) 285, the Court of Appeal held that a proprietor of a registered trademark that consists of generic word(s) cannot maintain an action for infringement because there is no breach or infringement.
Deceptive or Scandalous matter are unregisterable trademarks
By virtue of Section 11 of the TMA, it is unlawful to register as a trademark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice or be contrary to law or morality. It is also illegal to register a scandalous design.
Commonly used names of Chemical Substances are unregisterable trademarks
No word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trademark in respect of a chemical substance or preparation. This is in line with Section 12 of the TMA.
Identical and resembling trademarks
No trademark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trademark as to be likely to deceive or cause confusion.
Exceptions
(2) of Section 13 TMA, posits that in the case of an honest concurrent use, or other special circumstances which, in the opinion of the court or the Registrar, make it proper so to do, the court or the Registrar may permit the registration of trademarks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the court or the Registrar, as the case may be, may think it right to impose.
The implication of the said section is to the effect that the Court or the registrar may permit the registration of trademarks that are identical or that nearly resemble each other subject to certain conditions and limitations imposed by the court or the registrar.
It’s always recommended to consult with a qualified intellectual property professional for the most current and accurate information regarding registerable and unregisterable trademarks in Nigeria.
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