A trademark opposition is a quasi-judicial proceeding usually heard before the Registrar of the Trademark Registry wherein an already registered trademark owner or an interested party seeks to prevent another party from registering a trademark. The following are usual grounds for filing trademark opposition in Nigeria in accordance with the Trademark Act.
- The trademark is confusingly similar or identical to a previously registered trademark.
- The trademark contains deceptive or scandalous matters or designs.
- The trademark contains names of chemical substances, use of the Coat of Arms of Nigeria, use of any emblem or title such as President or Governor without appropriate authorization.
- The trademark contains geographical names.
- The trademark contains some restricted words and/or symbols.
- The trademark is devoid of distinctive character.
- The applicant of the trademark has no intention to use it.
- The applicant is not the true owner entitled to register the trademark.
The aforementioned are grounds for filing trademark opposition in Nigeria.
The Jubilee Chambers offers a full range of trademarks, patents, and industrial designs application preparation and prosecution services. Our team comprises IP Attorneys & Solicitors who specialize in the commercialization of intellectual property and the enforcement of intellectual property rights.
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