The value of trademark registration in Nigeria is numerous. A trademark is a recognizable word or terms, phrases, emblem, icon, signs, or expressions that are registered with the Trademark Registry to identify or distinguish a business, goods, or services to differentiate their brand from those in the commercial market. It is therefore important to register a trademark as soon as possible to avoid a third party infringing on the mark.

Section 9 of the Trade Marks Act, which regulates trademarks in Nigeria, specifies what can be approved for trademark registration, which includes:

• A business, person, or firm's name is represented uniquely or unconventionally.

• The applicant's signature for registration

• a conceived term or words

• A term or terms that have no direct relationship to the character or nature of products and are not a geographical name or surname.

• Any other distinguishing feature.

Benefits of Trademark Registration

The right to exclusivity– When a trademark is registered in relation to a specific good or service, it grants the owner the exclusive right to use the mark in relation to that good or service to distinguish one's brand from that of other brands in the commercial market, and the exclusive right is deemed infringed when a third party who is not the owner uses it without permission or uses a mark that is confusingly similar to the owner's mark.

This exclusive right is guaranteed by Section 5 of the Act, which states, "Subject to the provisions of this section, the registration (whether before or after the commencement of this Act) of a person in Part A of the register as proprietor of a trademark (other than a certification trade mark) in respect of any goods shall if valid, be enforceable."

The law goes on to say that "Without prejudice to the generality of the right to use a trademark conferred by such registration as aforesaid, that right shall be deemed to be infringed by any person who, not being the proprietor of the trademark or a registered user thereof, uses it by way of omission."

a) as being used as a trademark; or

b) in a case in which the trademark is used upon the goods or in physical relation thereto or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either as proprietor or as a registered user to use the trademark or to goods with which such a person as aforesaid is connected in the course of trade.

• Intellectual Property Infringement Protection– The purpose of trademarks and the Trademark Act is to protect the intellectual property of individuals, businesses, and corporations. When a trademark is unlawfully infringed upon by a third party, registration of the trademark is a prerequisite for bringing an infringement suit under the Trademark Act. Section 3 of the Trademark Act 1967 states that “no individual shall be entitled to institute any proceedings to avoid or recover damages for an infringement of an unregistered trademark” when the mark is registered to offer distinctiveness to other products or services in the commercial market and it is unlawfully infringed on without the owner's consent. Given the effect of section 3 of the Act, it can be deduced that in order for a trademark owner to exercise a claim over a trademark and file a lawsuit for infringement, the trademark must be properly licensed in respect of specific products or services.

• The distinctiveness of the product– the aim of a trademark is to differentiate one's own marketing tool from that of another. To make it easily identifiable and relatable to a company, the registration may be for a business logo, known emblem, color pattern, name, or others.

• Trademark Assignment and Transfer- Once a trademark is registered, the owner has exclusive rights to it. Another benefit of having a trademark registered is that, like any other valuable asset, the trademark may be assigned and transferred to another person, business owner, or corporate entity to generate additional revenue, especially if the trademark is well-known and has gained public trust. As defined by Section 26 of the Act, the trademark may be assigned to the whole company or to the specific products and services protected by the trademark.

Conclusively

The aim of trademark registration is to ensure that no trademark is used that may deceive, create confusion, or even mislead members of the general public about the distinctiveness of two separate trading entities. The identification of a company brand in the commercial marketplace is often protected by trademark registration. A trademark is infringed when the brand elements of another entity are too identical to cause customers to be confused.

The value and significance of a trademark in Nigeria cannot be overstated, as it distinguishes one's goods and services from others while also ensuring and protecting the product from infringement. As a result, after forming a corporation with the Corporate Affairs Commission, it is recommended to go the extra mile and register one's specific goods and services with the Trademarks Registry.