Fundamentals of the Nigerian Trade Marks Act and implications for foreign trade mark owners

Abstract

Since trade marks are crucial to the promotion of trade and economic development, it is no surprise that most developed countries often update their trade mark laws to reflect modern trends. The same thing cannot be said of trade mark laws of many developing countries such as Nigeria where, for example, marks are regulated by the Trade Marks Act (NTMA) 1965, this being a replica of the UK Trade Marks Act 1938 (UKTMA 1938). As detailed as the 1938 UK Act was, scholarly opinion agreed that it was poorly drafted and deficient in many respects. This deficiency was wholly inherited by Nigeria. Fifty years after enactment, the NTMA remains unamended. This legislative inertia prompts this article to discuss and analyse some salient but deficient provisions of the NTMA, with a view to drawing the attention of foreign trade mark proprietors to the position of the NTMA on selected issues of importance. This analysis will help foreign trade mark proprietors to make investment decisions vis-a-vis their marks in Nigeria. The article concludes by suggesting a replacement of the current Act with new legislation which will take cognizance of recent developments in international trade mark administration and practice.