Answer ... 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.
Answer ... 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.
Answer ... 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.