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Results: 4 Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
Nigeria
Any mark, word(s), design, device, label, numeral(s) or combination thereof which is distinctive or has acquired distinctiveness can serve as a trademark identifier or designation.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
Nigeria
For a designation or other identifier to function as a trademark, it must:

  • be distinctive or must have acquired distinctiveness in relation to goods or services in the course of trade; and
  • indicate a connection between such goods or services and the party which has the right, either as the owner or as a registered user, to use the mark.
For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
Nigeria
The following cannot function as trademarks:

  • deceptive marks which are likely to mislead and/or misinform the buying public;
  • scandalous marks which are contrary to law or morality;
  • vulgar and disparaging marks;
  • names of chemical substances;
  • marks which are identical to or which closely resemble an existing trademark and are thus likely to deceive or cause confusion; and
  • the Nigerian coat of arms or other emblems or insignias of governmental authorities.
For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.