Inventions First Before Trademarks: Setting the Right Course for Developing the Trademark System

Abstract

National trademark protection functions most effectively and triggers economic growth where a country puts in place both strong institutions and good legislation to protect its signs and symbols, and also to encourage firms to expand markets, create employment and promote new products for needy consumers. However, this cannot be complete without inventions of products and processes which are usually subjects of trademark protection. History has shown that nations that have robust trademark systems today already had well-established patent systems. Patented goods became the subject matter of trademarks. Compared to the trademark system in more advanced nations, the Nigerian trademark system is at an early stage of its development. Thus, the trademark system cannot be divorced from the patent system, as both intellectual property assets complement each other. However, it is postulated that a seamless development can be achieved in the trademark system if priority is placed on developing Nigeria’s innovation capacity and the patent system. This is what the discourse in this article accomplishes. The article interrogates both the patent and trademark systems in Nigeria with a view to urging state authorities and policymakers to prioritize developing the patent system, to have a firm foundation for strengthening the emerging Nigerian trademark mark system. It further looks at experiences from some advanced countries and concludes that the Nigerian trademark system can be well developed if government and policymakers first focus on incentivizing inventions and innovations in the country.