EXAMINING TRADE MARKS INFRINGEMENT IN NIGERIA

Abstract

Trade mark infringement is becoming increasingly common due to multiple factors like the weakness of enforcement system, lack of sensitization, advent of digital platforms and other factors. Trade mark infringement is the unauthorized use of a trade mark in a way that deceives the public or confuses the public into believing that the mark is the same with the registered trade mark. The aim of this study is to examine what constitutes trade mark infringement in Nigeria by examining the provisions of the Trade Marks Act that provides for trade mark infringement and also case laws. The Trade Marks Act Cap T13 2004 is the principal legislation for trade marks protection in Nigeria. The methodology of the study is the doctrinal and analytical approach. It examined Section 5 of the Trade marks Act and also some cases. It found that for a trade mark proprietor to succeed in a trade mark infringement case, the mark must be registered which confers the right to action for infringement, the use of the mark was without his consent, it is likely to cause confusion and must be in relation to goods for which the mark was registered. It recommended a wider scope where infringement would cover not only goods but also services and also include goods which are not in relation to goods for which the mark was registered.