WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIINGA/T/l 
6 November 2001 
(01-5464) 
Original: English! 
anglaisl 
inglt~s 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
NIGERIA 
The present document reproduces the texe of the Trade Marks Act, as notified by Nigeria 
under Article 63.2 of the Agreement (see document IP/N/1/NGA/2). 
Conseil des aspects des droits de propril!te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NIGERIA 
Le present document contient le texte1 de la Loi sur les marques de fabrique ou de commerce, 
notifie par le Nigeria au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/NGA/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDI CAD OS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
NIGERIA 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica 0 de 
Comercio, que Nigeria notifico de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/1/NGA/2). 
1 In English only.lEn anglais seulement.lEn ingles solamente. IPINIIINGA/T/I 
Page 2 
CHAPTER 436 
TRADE MARKS ACT 
ARRANGEMENT OF SECTIONS 
The Registrar and the register 
I. The Registrar of Trade Marks. 
2. The register. 
Effects oJ registratioll alld nOli-registration 
3. Effect of non-registration. 
4. Registration to be in respect of particular goods. 
5. Right given by registration in Part A. 
6. Right given by registration in Part B. 
7. Saving for vested rights. 
8. Saving for use of name, address or description of goods. 
Registrability and ralidity oJ registratioll 
9. Distinctiveness needed for registration in Part A. 
10. Capability of distinguishing needed for registration in Part B. 
11. Deceptive or scandalous matter not registrable. 
12. Names of chemical substances not to be registered. 
13. Identical and resembling trade marks not be be registered. 
14. Part A registration conclusively valid after seven years. 
15. Disclaimer for purposes of registration. 
16. Registration with or without limitation as to colour. 
Procedure Jar and duratioll oJ registration 
17. Preliminary advice on distinctiveness. 
18. Application for registration. 
19. Publication of notice of application. 
20. Opposition to registration. 
21. Appeal from Registrar's decision on opposed application. 
22. Registration. 
23. Duration and renewal of registration. 
24. Separate registration of part of trade mark. 
25. Registration of resembling trade marks as a series. 
Assignment and transmission 
26. Assignability of trade marks. 
27. Power of Registrar to require, or dissolve, association of trade 
marks. 
28. Effect of association of trade marks. 
29. Registered proprietor's power to assign. 
30. Registration of assignments, etc. ARRANGEMENT OF SECTIO;-";S-(Colltinued) 
Use alld nOli-use 
31. Removal from register on ground of non-use. 
32. Defensive registration of well-knov.:n invented words. 
33. Registered users. 
34. Provisions supplementary to section 33. IPINI 1 INGA/TI 1 
Page 3 
35. Registration with a view to assignment to company about to be 
formed. etc. 
36. Use of one trade mark equivalent to use of another in certain cases. 
37. Use of trade mark in relation to goods for export. 
Rect(ficatioll alld correction of register 
3S. General power to rectify register. 
39. Power to strike out or vary registration for breach of condition. 
40. Correction of register.. _ 
41. Alteration of registered trade mark. 
42. Adaptation of register to revised classification of goods. 
Certification trade marks 
43. Certification trade marks. 
1I1lemat ional arrangelllents 
44. International arrangements. 
Regula t ions 
45. Power to make regulations. 
Powers alld duties of Registrar 
46. Duty of Registrar, if required, to hear certain persons. 
47. Power of Registrar to award costs. 
48. Annual reports of Registrar. 
Legal proceedings and appeals 
49. Registration to be prima facie evidence of validity. 
50. Certificate of validity. 
51. Costs of Registrar, etc. 
52. Trade lIsage etc. to be considered. 
53. Registrar's appearance in proceedings involving rectification. 
54. Court's power to review Registrar's decisions. 
55. Powers of court on appeal. 
56. Procedure in cases of option to apply to court or Registrar. 
Evidellce 
57. Method of giving evidence, etc. 
SS. Evidence of entries in register. 
59. Evidence of things done by Registrar. 
OjIences, and restraint of llse of Arms of Nigeria, etc. 
60. Falsification of register. 
6 I. Falsely representing trade mark as registered. 
62. Restraint of use of Arms of Nigeria or of a State, etc. IP/NIl/NGA/TIl 
Page 4 
ARRANGEMENT OF SECTIONs-(continued) 
Miscellaneous and supplemental 
63. The Trade Marks Journal. 
64. Joint proprietorship of trade mark. 
65. Trusts and equities. 
66. Recognition of agents. 
67. Interpretation. 
68. Transitional provisions, repeal and savings. 
69. Short title. 
FIRST SCHEDULE 
CERTIFICATION TRADE MARKS 
SECOND SCHEDULE 
TRANSITIONAL PROVISIONS 
THIRD SCHEDULE 
REPEALS CHAPTER 436 
TRADE MARKS ACT IPINIIINGA/T/I 
Page 5 
1965 No. 29. An Act to repeal the Trade Marks Act and make new provisions 
with respect to trade marks in place thereof: and for 
connected purposes. 
L.N.60of [1st June, 1967] 
1967. 
Commence-
ment. 
The Registrar 
of Trade 
Marks. The Registrar and the register 
1. (l) There shall continue to be an officer known as the 
Registrar of Trade Marks (in this Act referred to as "the 
Registrar") who shall be appointed by the Federal Civil 
Service Commission and whose office shall be situated in the 
Federal Capital Territory, Abuja. 
(2) The Registrar shall in the exercise of his functions other 
than the taking of any decision which under this Act is subject 
to appeal to the court, act under the general direction of the 
Minister. 
(3) Any act or thing directed to be done by or to the 
Registrar may be done by or to any other officer in the public 
service of the Federation authorised by the Minister. 
(4) The Registrar shall have an official seal which shall be 
officially and judicially noticed. 
The register. 2. (l) There shall continue to be kept the record called the 
register of trade marks, in which shall be entered all registered 
trade marks with the names and addresses of their proprietors, 
the date on which applications were made for their registra­
tion, notifications of assignments and transmissions, the 
names and addresses of all registered users and such other 
matters relating to registered trade marks as may be 
prescribed. 
(2) The register shall continue to be kept under the control 
and management of the Registrar at the Registrar's office. 
(3) The register shall continue to be divided into two parts 
called respectively Part A and Part B. 
(4) The register shall at all convenient times be open to the 
inspection of the public, subject to such rules as may be 
prescribed. IPlNlIINGA/T/l 
Page 6 
Effects of registration and non-registration 
3. No person shall be entitled to institute any proceeding to ;:~~t of 
prevent, or to recover datnages for, the infringement of an registration. 
unregistered trade mark; but nothing in this Act shall be taken 
to affect rights of action against any person for passing off 
goods as the goods of another person or the remedies in 
respect thereof. 
4. A trade mark must be registered in respect of particular ~etist.ration 
goods or classes of goods, and any question arising as to the resp;c1tnof 
class wi thin which any goods fall shall be determined by the ~~~~~ular 
Registrar, whose decision shall be final. . 
5. (I) Subject to the provisions of this section and of ~ight given 
sections 7 and 8 of this Act, the registration (whether before ~{gistration 
or after the commencement of this Act) of a person in Part A In Part A. 
of the register as proprietor of a trade mark (other than a 
certification trade mark) in respect of any goods shall, if valid, 
give or be deemed to have given to that person the exclusive 
right to th'e use of that trade mark in relation to those goods. 
(2) Without prejudice to the generality of the right to the 
use of a trade mark given by such registration as aforesaid, 
that right shall be deemed to be infringed by any person who, 
not being the proprietor of the trade mark or a registered user 
thereof using it by way of the permitted use, uses a mark 
identical with it or so nearly resembling it as to be likely to 
deceive or cause confusion, in the course of trade, in relation 
to any goods in respect of which it is registered, and in such 
manner as to render the use of the mark likely to be taken 
either-
(a) as being use as a trade mark; or 
(b) ina case in which the use is use 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 registered user to use the trade mark or 
to goods with which such a person as aforesaid is 
connected in the course of trade. 
(3) The right to the use of a trade mark given by such 
registration as aforesaid shall be subject to any conditions or 
limitations entered on the Register, and the use of any such 
mark as aforesaid in any circumstances to which, having 
regard to any such limitations, the registration does not 
extend shall not constitute an infringement of that right. Right given 
by 
registration 
in Part B. 
Saving for 
vested rights. IPINI I INGAITI I 
Page 7 
(4) The use of a registered trade mark, being one of two or 
more registered trade marks that are identical or nearly 
resemble each other, in the exercise of the right to the use of 
that trade mark given by such registration as aforesaid, shall 
not constitute an infringement of the right to the use of any 
other of those trade marks given by such registration. 
6. (1) Except as provided by subsection (2) of this section, 
the registration (whether before or after the commencement of 
this Act) of a person in Part B of the register as proprietor of 
a trade mark in respect of any goods shall, if valid, give or be 
deemed to have given to that person the like right in relation 
to those goods as if the registration had been in Part A of the 
register, and section 5(2) to (4) of this Act shall apply in 
relation to a trade mark registered in Part B accordingly. 
(2) In any action for infringement of the right to the use of 
a trade mark given by such registration as aforesaid in Part B 
of the register, no injunction or other relief shall be granted to 
the plaintiff if the defendant establishes to the satisfaction of 
the court that the use of which the plaintiff complains is not 
likely to deceive or cause confusion or to lead to the belief in 
a connection in the course of trade between the goods and 
some person entitled either as proprietor or as a registered 
user to use the trade mark. 
7. Nothing in this Act shall entitle the proprietor or a 
registered user of a registered trade mark to interfere with or 
restrain the use by any person of a trade mark identical with 
or nearly resembling it in relation to goods in relation to which 
that person or a predecessor in title of his has continuously 
used that trade mark from a date previous to-
(a) the use of the first-mentioned trade mark in relation to 
those goods by the proprietor or a predecessor in title 
of his; or 
(b) the registration of the first-mentioned trade mark in 
respect of those goods in the name of the proprietor or 
a predecessor in title of his, 
whichever first occurred, or (where such use is proved) to 
object to that person being put on the register for that 
identical or nearly resembling trade mark in respect of those 
goods under section 13(2) of this Act. IPINI1 INGA/TIl 
Page 8 
8. The registration of a trade mark shall not interfere Saving for • use of name, Wl th- address or 
( ) b fid b f h· h description of a any ona e use y a person 0 IS own name or t e goods. 
name of his place of business, or of the name, or the 
name of the place of business, of any of his predecessors 
in business; or 
(b) the use by any person of any bonafide description of the 
character or quality of his goods, not being a descrip­
tion that would be likely to be taken as importing any 
such reference as is mentioned in section 5(2)(b) or 
43(4)(b) of this Act. 
Registrability and validity of registration 
9. (1) In order for a trade mark (other than a certification Distinctive-
d k) b . bl' P A f h " ness needed tra e mar to e reglstra e In art 0 t e regIster It must for registra-
cont,ain or consist of at least one of the following essential ~~~ i~. 
partlculars-
(a) the nalne of a company, individual, or firm, represented 
in a special or particular manner; 
(b) the signature of the applicant for registration or some 
predecessor in his business; 
(c) an invented word or invented words; 
(d) a word or words having no direct reference to the 
character or quality of the goods, and not being accord­
ing to its ordinary signification a geographical name or 
a surname; 
(e) any other distinctive mark: 
Provided that a name, signature or word or words other 
than such as fall within paragraphs (a) to (d) of this section, 
shall not be registrable under paragraph (e) of this section, 
except upon evidence of its distinctiveness, 
(2) For the purposes of this section, "distinctive" means 
adapted, in relation to the goods in respect of which a trade 
mark is registered or proposed to be registered, to distinguish 
goods with which the proprietor of the trade mark is or may 
be connected in the course of trade from goods in the case of 
which no such connection subsists, either generally or, where 
the trade mark is registered or proposed to be registered 
subject to limitations, in relation to use within the extent of the 
registration. 
(3) In determining whether a trade mark is adapted to 
distinguish as aforesaid, the tribunal may have regard to the 
extent to which-Capability of 
distinguishing 
needed for 
registration 
in Part B. IPINI1 INGA/TII 
Page 9 
(a) the trade mark is inherently adapted to distinguish as 
aforesaid; and 
(b) by reason of the use of the trade mark or of any other 
circumstances, the trade mark is in fact adapted to 
distinguish as aforesaid. 
10. (1) In order for a trade mark to be registrable in Part 
B of the register, it must be capable, in relation to the goods 
in respect of which it is registered or proposed to be registered, 
of distinguishing goods with which the proprietor of the trade 
mark is or may be connected in the course of trade from goods 
in the case of which no such connection subsists, either 
generally or, where the trade mark is registered or proposed 
to be registered subject to limitations, in relation to use within 
the extent of the registration. 
(2) In determining whether a trade mark is capable of 
distinguishing as aforesaid, the tribunal may have regard to 
the extent to which-
(a) the trade mark is inherently capable of distinguishing as 
aforesaid; and 
(b) by reason of the use of the trade mark or of any other 
circumstances, the trade mark is in fact capable of 
distinguishing as aforesaid. 
(3) A trade mark may be registered in Part B notwith­
standing any registration in Part A in the name of the same 
proprietor of the same trade mark or any part or parts thereof. 
11. It shall not be lawful to register as a trade mark or part Deceptive or 
f d k scandalous o a tra e mar - matter not 
(a) any matter the use of which would, by reason of its registrable. 
being likely to deceive or cause confusion or otherwise, 
be disentitled to protection in a court of justice or be 
contrary to law or morality; or 
(b) any scandalous design. 
12. (1)1 Subjdect tdo this sedction, nO
f word. wh
l ich
h is .the
l ~~~i~aff 
common y use an accepte name 0 any smg e c emlCa substances 
element or single chemical compound, as distinguished from not. to be 
a mixture, shall be registered as a trade mark in/respect of a registered. 
chemical substance or preparation; and any such registration 
in force at the commencement of this Act or thereafter shall, 
notwithstanding anything in section 14 of this Act, be treated 
for the purposes of section 38 of this Act as being an entry 
made in the register without sufficient cause, or an entry 
wrongly remaining on the register, as the case may require. IPINIIINGA/TIl 
Page 10 
Part A 
registration 
conclusively 
valid after 
seven years. (2) The foregoing subsection shall not apply in relation to 
a word which is used to denote only a brand or make of such 
an element or compound as made by the proprietor or a 
registered user of the trade mark as distinguished from that 
element or compound as lnade by others, and in association 
with a suitable name or description open to the public use. 
1~. (1) Subjdect to tkhe hPrlolvbisions .of subs.ection (2) of this :~~e~~f/n~nd 
sectIOn, no tra e mar s a e registered III respect of any trade marks 
goods or description of goods that is identical with a trade not. to be 
ma:k b~longing to a different proprietor and already on the regIstered. 
register In respect of the same goods or description of goods, 
or that so nearly resembles such a trade mark as to be likely 
to deceive or cause confusion. 
(2) In case of honest concurrent use, or other special 
circumstances which in the opinion of the court or the 
Registrar ~nake it p.r0pe~ so to do, the court or the Registrar 
may permIt the regIstratIOn of trade marks that are identical 
or nearly resemble each other in respect of the same goods or 
description of goods by more than one proprietor subject to 
such conditions and limitations, if any, as the court or the 
registrar, as the case may be, may think it right to impose. 
(3) Where separate applications are n1ade by different 
persons to be registered in respect of the same goods or 
description of goods as proprietors respectively of trade 
marks that are identical or nearly resemble each other, the 
Registrar may refuse to register any of them until their rights 
have been determined by the court or have been settled by 
agreement in a manner approved-
(a) by the Registrar; or 
(b) by the court on an appeal from the Registrar. 
14. (I) In all legal proceedings relating to a trade mark 
registered in Part A of the register (including applications 
under section 38 of this Act) the original registration of the 
trade mark in Part A of the register shall, after the expiration 
of seven years from the date of that registration, be taken to 
be. valid in all respects, unless-
(a) that registration was obtained by fraud; or 
(b) the trade mark offends against the provisions of section 
11 of this Act. Disclaimer 
for purposes 
of 
registration. IPINIlINGAITIl 
Page 11 
(2) Nothing in section 6(1) of this Act shall be construed as 
making applicable to a trade mark, as being a trade mark 
registered in Part B of the register, the foregoing provisions of 
this section relating to a trade mark registered in Part A of the 
register. 
15. If a trade mark-
(a) contains any part not separately registered by the 
proprietor as a trade mark; or 
(b) contains matter common to the trade or otherwise of a 
non-distinctive character, 
the Registrar or the court, in deciding whether the trade mark 
shall be entered or shall remain on the register, may require, 
as a condition of its being on the register-
(i) that the proprietor shall disclaim any right to the 
exclusive use of any part of the trade mark, or to the 
exclusive use of all or any portion of any such matter 
as aforesaid, to the exclusive use of which the tribunal 
holds him not to be entitled, or 
(ii) that the proprietor shall make such other disciaimer as 
the tribunal may consider necessary for the purpose of 
defining his rights under the registration: 
Provided that no disclaimer on the register shall affect any 
rights of the proprietor of a trade mark except such as arise 
out of the registration of the trade mark in respect of which 
the disclaimer is made. 
16. (1) A trade mark may be limited in whole or in part to R~gistration 'fi dId . h h ~ With or one or more speCl e co ours, an In any suc case t e lact without 
that it is so limited shall be taken into consideration by any limitation as 
tribunal having to decide on the distinctive character of the to colour. 
trade mark. 
(2) If and so far .as a trade mark is registered without 
limitation of colour, it shall be taken to be registered for all 
colours. 
Procedure for and duration of registration 
17. (1) Any person proposing to apply for the registration Pdel.iminary 
of a trade mark in Part A or Part B of the register/may, if he ~is~i~~ti;e­
so desires, apply to the Registrar in the prescribed manner for ness. 
advice as to whether the trade mark appears to the Registrar 
prima facie to be inherently adapted to distinguish, or capable 
of distinguishing, as the case may be; and the Registrar shall 
have power to give the advice asked for in the application. IPINl1 INGA/TI I 
Page 12 
Application 
for 
registration. (2) If an application for the registration of a trade mark as 
to which the Registrar has given advice under this section in 
the affirmative is made within three months after the giving of 
the advice, and the registrar, after further investigation or 
consideration, gives to the applicant under section 18 of this 
Act notice of his objection to the acceptance of the application 
on the ground that the trade mark is not adapted to dis­
tinguish or not capable of distinguishing, as the case may be, 
the applicant shall be entitled, on giving notice of withdrawal 
of the application within the prescribed period, to have repaid 
to him any fee paid on the filing of the application. 
18. (1) Any person claiming to be the propnetor ot' a trade 
mark used or proposed to be used by him who is desirous of 
registering it must apply -in writing to the Registrar in the 
prescribed manner for registration either in Part A or in Part 
B of the register. 
(2) Subject to the provisions of this Act, the Registrar may 
refuse the application, or may accept it absolutely or subject 
to such amendments, modifications, conditions or limitations, 
if any, as he may think right. 
(3) In the case of an application for registration of a trade 
mark (other than a certification trade mark) in Part A of the 
register, the Registrar may, if the applicant is willing, instead 
of refusing the application, treat it as an application for 
registration in Part B and deal with the application 
accordingly. 
(4) In the case of a refusal or conditional acceptance the 
Registrar shall, if required by the applicant, state in writing 
the grounds of his decision and the materials used by him in 
arriving thereat, and the decision shall be subject to appeal to 
the court. 
(5) An appeal under this section shall be made in the pres­
cribed manner, and on the appeal the court shall, if required, 
hear the applicant and the Registrar, and shall make an order 
determining whether, and subject to what amendments, 
modifications, conditions or limitations, if any, the appli­
cation is to be accepted. 
(6) Appeals under this section shall be heard on the 
materials stated by the Registrar in pursuance of subsection 
(4) of this section, and no further grounds of objectipn to the 
acceptance of the application shall be allowed to be taken by 
the Registrar, other than those so stated by him, except by 
leave of the court; and if any further grounds of objection are 
taken, the applicant shall be entitled to withdraw his 
application without payment of costs on giving such notice as 
may be prescribed. IPIN/1INGAIT/1 
Page 13 
. (7) The Registrar or the court may at any time, whether 
before or after acceptance, correct any error in or in con­
nection with the application, or may permit the applicant to 
amend his application upon such terms as the Registrar or the 
court, as the case may be, thinks fit. 
19
1: (1) S~bject .to th~ profvisionds of thkishsecbti'on, when adn ~I~~~~i~t~o~~ 
app IcatlOn lor regIstratIon 0 a tra e mar as een accepte , application. 
whether absolutely or subject to conditions or limitations, the 
Registrar shall, as soon as may be after acceptance, cause 
notice of the application as accepted to be published in the 
Journal; and the notice shall set out all conditions and 
limitations subject to which the application has been accepted. 
(2) In the case of an application made under section 9(1)(e) 
of this Act, or in any other case where it appears to him that 
it is expedient by reason of any exceptional circumstances to 
do so, the Registrar may cause notice of an application for 
registration of a trade mark to be published in the Journal 
before acceptance. 
(3) Where under subsection (2) of this section, notice of 
such an application has been published in the Journal before 
acceptance, the Registrar may, if he thinks fit, cause notice of 
the application to be publish~d in the Journal again when it 
has been accepted, but shall not be bound to do so. 
20. (1) Any person may within two months from the date Opposition 
of the publication under section 19 of this Act of notice of an ~~gistration. 
application give notice to the Registrar of opposition to the 
registration. 
(2) The notice shall be given in writing in the prescribed 
manner, and shall include a statement of the grounds of 
opposition. 
(3) The Registrar shall send a copy of every such notice to 
the applicant; and within one month after the date on which 
the copy is received by the applicant the applicant shall send 
to the Registrar in the prescribed manner a counter-statement 
of the grounds on which he relies for his application and, if he 
does not do so, shall be treated as having abandoned his 
application. 
(4) If the applicant sends such a counter-statement as 
aforesaid, the Registrar shall furnish a copy thereof to the 
persons giving notice of opposition, and shall~ nfter hearing 
the parties, if so required, and considering the evidence, decide 
whether, and subject to what conditions or limitations, if any, 
registration is to be permitted. IPINIIINGNT/I 
Page 14 
Appeal from 
Registrar's 
decision on 
opposed 
application. (5) The Registrar may request a person giving notice of 
opposition or an applicant sending a counter-statement after 
receipt of a copy of such a notice to give security for costs of 
the preceedings before him relating to the opposition, and in 
default of such security being duly given may treat the 
opposition or applicqtion, as the case may be, as abandoned. 
21. (l) A decision of the Registrar under section 20C 4) of 
this Act shall be subject to appeal to the court. 
(2) An appeal under this section shall be made in the 
prescribed manner, and on the appeal the court, shall, if 
required, hear the parties and the Registrar, and shall make an 
order determining whether, and subject to what conditions or 
limitations, if any, registration is to be permitted. 
(3) On the hearing of an appeal under this section, any 
party may, either in such manner as may be prescribed or by 
special leave of the court, bring forward further material for 
the consideration of the court. 
(4) On an appeal under this section, no further ground of 
opposition to the registration of a trade mark shall be allowed 
to be taken by an opponent or the Registrar, other than those 
stated in pursuance of section 20 of this Act by that or any 
other opponent, except by leave of the court; and if any 
further grounds of opposition are taken, the applicant shall be 
entitled, on giving such notice as may be prescribed, to 
withdraw his application without payment of the costs of the 
opponent or any of the opponents. 
(5) On an appeal under this section, the court may, after 
hearing the Registrar, permit the trade mark proposed to be 
registered to be modified in any manner not substantially 
affecting its identity, but in any such case the trade mark as so 
modified shall be advertised in the Journal in the prescribed 
manner before being registered. 
(6) The court may require an appellant under this section 
to give security for costs of the appeal, and in default of such 
security being duly given may direct the appeal to be treated 
as abandoned. IPINII INGAITI 1 
Page 15 
22. (1) When an application for registration of a trade Registration. 
mark in Part A or in Part B of the register has been accepted, 
and either-
(a) the application has not been opposed and the time for 
. notice of opposition has expired; or 
(b) the application has been opposed and the opposition 
has been decided in, favour of the applicant, 
the Registrar shall, unless the application has been accepted 
in error, register the trade mark in Part A or Part B, as the case 
may be. 
(2) Subject to the provisions of this Act relating to 
international arrangements, a trade mark, when registered, 
shall be registered as of the date of the application for 
registration, and that date shall be taken for the purposes of 
this Act to be the date of registration. 
(3) On the registration of a trade mark, the Registrar shall 
issue to the applicant a certificate of registration in the 
prescribed form sealed with the seal of the Registrar. 
(4) Where registration of a trade mark is not completed 
within twelve months from the date of the application by 
reason of default on the part of the applicant, the Registrar 
may, after giving notice of the non-completion to the appli­
cant in writing in the prescribed manner, treat the application 
as abandoned unless it is completed within the time specified 
in that' behalf in the notice. 
23. (1) The registration of a trade mark shall be for a Duration and . d f b b d f . . renewal of peno 0 seven years, ut may e renewe ron1 tIme to tIme registration. 
in accordance with the provisions of this section: 
Provided that, in relation to a registration as of a date 
before the commencement of this Act, this subsection shall 
have effect with the substitution of a period of fourteen years 
for the said period of seven years. 
(2) The Registrar shall, on application made by the 
registered proprietor of a trade mark in the prescribed manner 
and within the prescribed perioq, renew the registration of the 
trade mark for a period of fourteen years from the date of 
expiration of the original registration or of the last renewal of 
registration, as the case may be (which date is in the ,section 
referred to as "the expiration of the last registration"). IPINIIINGA/TIl 
Page 16 
Separate 
registration 
of part of 
trade mark, (3) At the prescribed time before the expiration of the last 
registration of a trade mark, the Registrar shall send notice in 
the prescribed manner to the registered proprietor of the date 
of expiration and the conditions as to payment of fees and 
otherwise upon which a renewal of registration may be 
obta'ined, and, if at the expiration of the time prescribed in 
that behalf those conditions have not been duly complied 
with, the Registrar may remove the trade mark from the 
register, subject to such conditions, if any, as to its restoration 
to the register as may be prescribed. 
(4) Where a trade mark has been removed from the register 
for non-payment of the fee for renewal, it shall, nevertheless, 
for the purpose of any application for the registration of a 
trade mark during one year next after the date of the ren10val, 
be deemed to be a trade-mark that is already on the register: 
Provided that the foregoing provisions of this subsection 
shall not have effect where the court is satisfied either-
(a) that there has been no bona fide trade use of the trade 
mark that has been removed during the two years 
immediately preceding its removal; or 
(b) that no deception or confusion would be likely to arise 
from the use of the trade mark that is the subject of the 
application for registration by reason of any previous 
use of the trade mark that has been removed. 
24., (1) Where the proprietor of a trade mark c1ain1s to be 
entitled to the exclusive use of any part thereof separately, he 
may apply to register the whole and any such part as separate 
trade marks. 
(2) Each such separate trade mark must satisfy all the 
conditions of an independent trade mark and shall, subject to 
section 36(2) of this Act, have all the incidents of an 
independent trade mark. 
(3) Where a trade mark and any part or parts thereof are, 
by virtue of subsection (1) above, registered as separate trade 
marks in the name of the same proprietor, they shall be 
deemed to be, and shall be registered as, associated trade 
marks; and section 28 of this Act shall apply to them 
accordingly. 
25. (1) Where a person claiming to be the proprietor of Rregistratbiol,n 
I d k· f . ' 0 resem 109 severa tra e mar s, In respect 0 the same goods or descnp- trade marks 
tion ,of goods, which, while resembling each other in the as a series. 
material particulars thereof, yet differ in respect of-JPINIIINGA/TIl 
Page 17 
(a) statements of the goods in relation to which they are 
respectively used or proposed to be used; or 
(b) statements of number, price, quality or names of places; 
or 
(c) other matter ora non-distinctive character which does 
not substantially affect the identity of the trade mark; 
or 
(d) colour, 
seeks to register those trade marks, they may be registered as 
a series in one registration. 
(2) All trade marks that are by virtue of the foregoing 
subsection registered as a series in one registration shall be 
deemed to be, and shall be registered as, associated trade 
marks; and section 28 of this Act shall apply to them 
accordingly. 
Assignment and transmission 
26. (1) Not~ithstanding any rule of law or equity to the ~f~~~d~bility 
contrary,. a regIstered trade mark shall after the commence- marks. 
ment of this Act be assignable and transmissible either in 
connection with the goodwill of a business or not. 
(2) A registered trade mark shall after the commencement 
of this Act be assignable and transmissible in respect either of 
all the goods in respect of which it is registered, or was 
registered, as the case may be, or of some (but not all) of those 
goods. 
(3) Subsections (l) and (2) of this section, shall apply in 
regard to an unregistered trade nlark used in relation to any 
goods as they apply in regard to a registered trade mark 
registered in respect of any goods, if-
(a) at the tin1e of the transmISSion of the unregistered trade 
mark it is used in the same business as a registered trade 
mark; and 
(b) it is assigned or transmitted at the same time and to the 
same person as that registered trade mark; and 
(c) it is so assigned or transmitted in respect of goods all of 
which are goods-
(i) in relation to which the unregistered trade mark 
is used in that business, and 
(ii) in respect of which the registered trade mark is 
assigned or transmitted. . IPINII INGA/TI I 
Page 18 
(4) Where after the commencement of this Act, a trade 
mark is assigned in respect of any goods and at the time of the 
assignment the trade mark is used in a business in those goods, 
then, if the assignment is made otherwise than in connection 
with the goodwill of that business, the assignee shall not 
acquire any rights under the assignment until the following 
requirements have been satisfied, that is to say the assignee-
(a) must within six months from the date of the assignment 
or within such extended period, if any, as the Registrar 
may allow, apply to the Registrar for directions with 
respect to the advertisement of the assignment; and 
(b) must advertise the assignment in such form and manner 
and within such period as the Registrar may direct. 
(5) Where the Registrar gives directions under subsection 
(4) of this section, for the advertisement of an assignment, he 
shall also cause notice of the assignment to be published in the 
Journal. 
Power of 27. (1) Where a trade mark that is registered, or is the 
Registrar to b' f 1" C ' " f require, or SU ~ect 0 an app IcatIon 10r regIstratIon, In respect 0 any 
dissol.ve: r goods is identical with another trade mark that is registered, 
aSSocIatIOn 0 'h b' f 1" C ' , , h trade marks. or IS t e SU ~ect 0 an app IcatlOn lor regIstratIOn, In t e name 
of the same proprietor in respect of the same goods or descrip­
tion of goods, or so nearly resembles it as to be likely to 
deceive or cause confusion if used by a person other than the 
proprietor, the Register may at any time require that the trade 
marks shall be entered on the register as associated trade 
marks, 
(2) On application n1ade in the prescribed manner by the 
registered proprietor of two or more trade marks registered as 
associated trade marks, the Registrar may dissolve the 
association as respects any of them if he is satisfied that there 
would be no likelihood of deception or confusion being 
caused if that trade mark were used by another person in 
relation to any of the goods in respect of which it is registered, 
and may amend the register accordingly, 
(3) Any decision of the Registrar under this section shall be 
subject to appeal to the court. 
28. Trade marks that are registered as, or are deemed by Etfec~ et! f , f h' Ab' d d k h 11 b ' assocla IOn 0 VIrtue 0 t IS ct to e, aSSOCIate tra e mar ss a e assIgn- trade marks. 
able and transmissible only as a whole, and not separately, but 
shall for all other purposes be deemed to have been registered 
as separate trade marks, Removal 
from register 
on ground of 
non-use. IPINIIINGAITIl 
Page 19 
29. Subject to the provisions of this Act, the person for the Regis~erted. . b' d' h' . f d k proprte or s tIme emg entere m t e regIster as propnetor 0 a tra e mar power to 
shall, subject to any rights appearing from the register to be assign. 
vested in any other person, have power to assign the trade 
mark, and to give effectual receipts for any consideration for 
an assignment thereof. 
30. (1) Where a person becomes entitled by assignment or Registration 
transmission to a registered trade mark, he shall make appli- ~~signments 
cation to the Registrar to register his title, and the Registrar etc. 
shall, on receipt of the application and on proof of title to his 
satisfaction, register him as the proprietor of the trade mark 
in respeet of the goods in respect of which the assignment or 
transmission has effect, and shall C<;iuse particulars of the 
assignment or transmissIon to be entered on the register. 
(2) Any decision of the Registrar under this section shall be 
subject to appeal to the court. 
(3) Except for the purposes of an appeal under this section 
or of an application under section 38 of this Act, a document 
or instrument in respect of which no entry .has been made in 
the register in accordance with the provisions of subsection (1) 
of this section, shall not be admitted in evidence in any court 
in proof of the title to a registered trade mark unless the court 
otherwise directs. 
Use and non-use 
31. (1) Subject to this and the next following section, a 
registered trade mark may be taken off the register in respect 
of any of the goods in respect of which it is registered on an 
application Inade by any person concerned to the court or, at 
the option of the applicant and subject to section 56 of this 
Act, to the Registrar, on either of the grounds set out in 
subsection (2) of this section. 
(2) The said grounds are-
(a) that the trade mark was registered without any bona 
fide intention on the part of the applicant for regis­
tration that it should be used in relation to those goods 
by him, and that there has in fact been no bonafide use 
of the trade mark in relation to those goods by any 
proprietor thereof for the time being up to the date one 
month before the date of the application; oJ 
(b) that up to the date one month before the date of the 
application a continuous period of five years or longer 
elapsed during which the trade mark was a registered 
trade mark and during which there was no bonafide use 
thereof in relation to those goods by any proprietor 
thereof for the time being. IPINIIINGA/TII 
Page 20 
(3) The tribunal may refuse an application made under this 
section on either of the said grounds if it is shown that before 
the relevant date or during the relevant period, as the case may 
be, there has been bona fide use of the trade mark, by any 
proprietor for the time being thereof, in relation to goods of 
the same description as the goods to which the application 
relates, being goods in respect of which the trade mark is 
registered: 
Provided that where on any such application it is shown as 
aforesaid, the tribunal shall not refuse the application-
(a) if the applicant has been permitted under section 13(2) 
of this Act to register an identical or nearly resembling 
trade 111ark in respect of the goods in question; or 
(b) if the tribunal is of opinion that the applicant n1ight 
properly be permitted to register such a trade mark. 
(4) An applicant shall not be entitled to rely for the 
purposes of subsection (2)(b) of this section, on any non-use 
of a trade mark that is shown to have been due to special 
circumstances in the trade and not to any intention not to use 
or to abandon the trade mark in relation to the goods to which 
the application relates. 
32. (1) Where a trade mark consisting of an invented word De~etnsit".e . d h . f regIs ra IOn or Invente words as, as respects any goods In respect 0 of well-
which it is registered and in relation to which it has been used ~now~ d 
(in this subsection referred to as "the familiar goods"), ~~~2/ 
become so well known that-its use in relation to other goods 
would be likely 'to be taken as indicating a connection in the 
course of trade between those goods and a person entitled to 
use the trade mark in relation to the familiar goods, the trade 
mark may, on the application in the prescribed manner of the 
proprietor registered in respect of the familiar goods, be 
registered in his name in respect of those other goods as· a 
defensive trade mark, notwithstanding that the proprietor 
registered in respect of the familiar goods does not use or 
propose to use the trade mark in relation to those other goods, 
and notwithstanding anything in section 31 of this Act; and 
while so registered, the trade mark shall not be liable to be 
taken off the register in respect of those goods under section 
31 of this Act. 
(2) The registered proprietor of a trade mark-
(a) may apply for its registration in respect of any goods as 
a defensive trade mark notwithstanding that it is 
already registered in his name in respect of those goods 
otherwise .than as a defensive trade mark; or Registered 
users. IPINI I INGA/TI 1 
Page 21 
(b) may apply for its registration in respect of any goods 
otherwise than as a defensive trade mark notwith­
standing that it is already registered in his name in 
respect of those goods as a defensive trade mark, 
in place, in either case, of the existing registration. 
(3) A trade mark registered as a defensive trade mark and 
that trade mark as otherwise registered in the name of the 
same proprietor shall, notwithstanding that the respective 
registrations are in respect of different goods, be deemed to be 
and shall be registered as, associated trade marks, and sectio~ 
28 of this Act shall apply to them accordingly. 
(4) On ~pplication by any person concerned to the court or, 
at the option of the applicant and subject to section 56 of this 
Act, to the Registrar, the registration of a trade mark as a 
defensive trade mark-
(a) may be cancelled on the ground that the requirements 
of subsection (1) of this section, are no longer satisfied 
in respect of any goods in respect of which the trade 
mark is registered in the name of the same proprietor 
otherwise than as a defensive trade n1ark; or 
(b) may be cancelled as respects any goods in respect of 
which it is registered as a defensive trade mark on the 
ground that there is no longer any likelihood that the 
use of the trade mark in relation to those goods would 
be taken as giving the indication mentioned in the said 
subsection (1). 
(5) The Registrar n1ay at any time cancel the registration as 
a defensive trade mark of a trade mark of which there is no 
longer any registration in the name of the same proprietor 
otherwise than as a defensive trade mark. 
(6) Except as otherwise expressly provided in this section, 
the provisions of this Act shall apply in respect of the 
registration of trade marks as defensive trade marks and of 
trade marks so registered as they apply in other cases. 
33. (1) Subject to the provisions of this and the next 
following section, a person other than the proprietor of a 
trade mark may be registered as a registered user thereof in 
respect of all or any of the goods in respect of which -it is 
registered (otherwise than as a defensive trade mark) and 
either with or without conditions or restrictions. 
(2) The use of a trade mark by a registered user thereof in 
relation to goods-IPINIlINGA/TI 1 
Page 22 
(a) with which he is connected in the course of trade; and 
(b) in respect of which for the time being the trade lnark 
remains registered and he is registered as a registered 
user, 
in this Act referred to as "the permitted use" of that trade 
mark: 
Provided that where the registration of a person as a 
registered user is subject to any conditions or restrictions, "the 
permitted use" in his case does not include any use which does 
not comply with those conditions or restrictions. 
(3) For the purposes of section 31 of this Act and for any 
other purpose for which the use of a trade mark is material 
under this Act or at comn10n law, the permitted use of a trade 
mark shall be deemed-
(a) to be use by the proprietor thereof; and 
(b) not to be use by a person other than the proprietor. 
(4) Subject to any agreement subsisting between the 
parties, a registered user of a trade mark shall be entitled to 
call upon the proprietor thereof to take proceedings to prevent 
infringement thereof, and, if the proprietor refuses or neglects 
to do so within two months after being so called upon, the 
registered user may institute proceedings for infringement in 
his own name as if he were the proprietor, making the 
proprietor a defendant: 
Provided that a proprietor so added as defendant shall not 
be liable for any costs unless he enters an appearance and 
takes .part in the proceedings. 
(5) Nothing in this section shall confer on a registered user 
of a trade mark any assignable or transmissible right to the use 
thereof. 
34. (1) Where it is proposed that a person should be Prov1isionst . d . d f d k . supp emen ary reglstere , as a reglstere user 0 a tra e mar ,the propnetor to section 33. 
and the proposed registered user shall apply in writing to the 
Registrar in the prescribed manner and shall furnish him with 
a statutory declaration made by the proprietor, or by some 
person authorised to act on his behalf and approved 'by the 
Registrar,-IPINIIINGA/T/I 
Page 23 
(a) giving particulars of the relationship, existing or 
proposed, between the proprietor and the proposed 
registered user, including particulars showing the 
degree of control by the proprietor over the permitted 
use which their relationship will confer and whether it 
is a term of their relationship that the proposed 
registered user shall be the. sole registered user or that 
there shall be any other restriction as to persons for 
whose registration as registered users application may 
be made; 
(b) stating the goods in respect of which registration is 
proposed; , 
(c) stating any conditions or restrictions proposed with 
respect to the characteristics of the goods, to the mode 
or place of permitted use, or to any other matter; and 
(d) stating whether the permitted use is to be for a period 
or without limit of period, and, if for a period, the 
duration thereof, 
and shall also furnish the Registrar with such further docu­
ments, information or evidence as may be required under the 
Regulations or by the Registrar. 
(2) When the requirements of the foregoing subsection 
have been complied with, if the Registrar, after considering 
the information furnished to him under that subsection, is 
satisfied that in all the circumstances the use of the trade mark 
in relation to the proposed goods or any of them by the 
proposed registered user, subject to any conditions or 
restrictions which the Registrar thinks proper, would not be 
contrary to the public interest, the Registrar may register the 
proposed registered user as a registered user in respect of the 
goods as to which he is so satisfied, subject as aforesaid. 
(3) The Registrar shall refuse an application under the 
foregoing provisions of this section if it appears to him that 
the grant thereof would tend to facilitate trafficking in a trade 
mark. ' 
(4) The Registrar shall, if so required by an applicant, take 
steps for securing that information given for the purposes of 
an application under the foregoing provisions of this section 
(other than matter entered in the register) is not disclosed to 
rivals in trade. 
(5) Without prejudice to the provisions of section 38 of this 
Act, the registration of a person as a registered user-IPINIlINGA/TIl 
Page 24 
(a) may be varied by the Registrar as regards the goods in 
respect of which, or any conditions or restrictions 
subject to which, it has effect, on the application in 
writing in the prescribed manner of the registered 
proprietor of the trade mark to which the registration 
relates; 
(b) may be cancelled by the Registrar on the application in 
writing in the prescribed manner of the registered 
proprietor or of the registered user or of any other 
registered user of the trade mark; or 
(c) n1ay be cancelled by the Registrar on the application in 
writing in the prescribed manner of any person on any 
of the following grounds, that is to say-
(i) that the registered user has used the trade mark 
otherwise than by way of the permitted use, or in such 
a way as to cause, or to be likely to cause, deception or 
confusion, 
(ii) that the proprietor or the registered user 
misrepresented, or failed to disclose, some fact material 
to the application for the registration, or that the 
circumstances have materially changed since the date of 
the registration, 
(iii) that the registration ought not to have been 
effected having regard to rights vested in the applicant 
by virtue of a contract in the performance of which he 
is interested. 
(6) Provision shall be made by the Regulations for the 
notification of the registration of a person as a registered user 
to any other registered user of the trade mark, and for the 
notification of an application under the last foregoing 
subsection to the registered proprietor and each registered 
user (not being the applicant) of the trade mark, and for giving 
to the applicant on such an application, and to all persons to 
whom such an application is notified and who intervene in the 
proceedings in accordance with the Regulations, an oppor­
tunity of being heard. 
(7) The Registrar Inay at any time cancel the registration of 
a person as a registered user of a trade mark in respect of any 
goods in respect of which the trade mark is no longer 
registered. 
(8) ,Any decision of the Registrar under the foregoing 
provisions of this section shall be subject to appeal to the 
court. Registration 
with a view 
to assignment 
to company 
about to be 
formed. etc. IPINI 1 INGAITI 1 
Page 25 
35. (l) No application for the registration of a trade mark 
in respect of any goods shall be refused, nor shall permission 
for such registration be withheld; on the ground only that it 
appears that the applicant does not use or propose to use the 
trade mark-
(a) if the tribunal is satisfied that a body corporate is about 
to be constituted, and that the applicant intends to 
assign the trade mark to the body corporate with a view 
to the use thereof in relation to those goods by the body 
corporate; or 
(b) if the application is accompanied by an application for 
the registration of a person as a registered user of the 
trade mark, and the tribunal is satisfied that the 
proprietor intends it to be used by that person in 
relation to those goods and the tribunal is also satisfied 
that that person will be registered as a registered user 
thereof in1n1ediately after the registration of the trade 
mark. 
(2) The provisions of section 31 of this Act shall have effect, 
in relation to a trade mark registered under the power 
conferred by the foregoing subsection, as if for the reference 
in subsection (l)(a) of that section to intention on the part of 
an applicant for registration that a trade mark should be used 
by him there were substituted a reference to intention on his 
part that it should be used by the body corporate or registered 
user concerned. 
(3) The tribunal may, as a condition of the exercise of the 
power conferred by subsection (1) of this section, in favour of 
an applicant who relies on intention to assign to a body 
corporate as aforesaid, require him to give security for the 
costs of any proceedings before the court relative to any 
opposition or appeals, and in default of such security being 
duly given may treat the application as abandoned. 
(4) Where a trade mark is registered in respect of any goods 
under the power conferred by subsection (1) of this section, in 
the nan1e of an applicant who relies on intention to assign to 
a body corporate as aforesaid, then, unless within six months, 
or within such further period not exceeding two months as the 
Registrar may on application being made to him in the 
prescribed manner allow, the body corporate has been 
registered as the proprietor of the trade mark in respect of 
those goods, the registration shall cease to have effect in 
respect thereof at the expiration of that period, and the 
Registrar shall amend the register accordingly. IPINIIINGAIT/I 
Page 26 
~6. (l) Where under ~he proyisions of this Act, use of a ~~deo~~~k 
regIstered trade mark IS requIred to be proved for any equivalent to 
purpose, the tribunal may, if and so far as the tribunal thinks use °hf . . h f' d . d d k f anot er In fIg t, accept use 0 an assocIate regIstere tra e mar ,or 0 certain cases. 
the trade mark with additions or alterations not substantially 
affecting its identity, as an equivalent for the use required to 
be proved. 
(2) The use of the whole of a registered trade mark shall for 
the purposes of this Act be deemed to be also a use of any 
registered trade mark, being a part thereof, registered in the 
name of the same proprietor by virtue of section 24 of this Act. 
37. The application in Nigeria of a trade mark to goods to 
be exported from Nigeria; and any other act done in Nigeria 
in relation to goods to be so exported which, if done in relation 
to goods to be sold or otherwise traded in within Nigeria, 
would constitute use of a trade mark therein, shall be taken to 
constitute use of the trade mark in relation to those goods for 
any purpose for which such use is material under this Act or 
at common law. 
Rectification and correction of register 
38. (l) Any person concerned who alleges-
(a) that any entry has not been inserted in, or has been 
omitted from, the register; or 
(b) that any entry has been made in the register without 
sufficient cause; or 
(c) that any entry wrongly remains on the register; or 
(d) that any error or defect exists in any entry on the 
register, 
may apply in the prescribed manner to the court or, at the 
option of the applicant and subject to section 56 of this Act 
to the Registrar, and the tribun~l may make such order fo; 
making, expunging or varying the entry as the tribunal thinks 
fit. 
(2) The tribunal may in any proceedings under this section 
decide any question that it may be necessary or expedient to 
decide in connection with the rectification of the register. 
(3) In case of fraud in the registration, assignment or 
t~ansmission of a registered trade mark, the Registrar may 
hImself apply to the court under the provisions of this section. Use of trade 
mark in 
relation to 
goods for 
export. 
General 
power to 
rectify 
register. Power to 
strike out or 
vary 
registra tion 
for breach of 
condition. 
Correction 
of register. IPINIlINGA/TIl 
Page 27 
(4) Any order of the court rectifying the register shall direct 
that notice of the rectification shall be served in the prescribed 
n1anner on the Registrar, and the Registrar shall on receipt of 
the notice rectify the register accordingly. 
(5) The power to rectify the register conferred by this 
section shall include power to remove a registration in Part A 
of the register to Part B. 
39. (1) Any person concerned may apply to the court or, 
at the option of the applicant and subject to section 56 of this 
Act, to the Registrar for an order under this section on the 
ground of any contravention of, or failure to observe, a 
condition entered on the register in relation to a trade mark. 
(2) The Registrar may apply to t~e court for an order under 
this section on the ground aforesaId. 
(3) On an application under the foregoing provisions <;>f 
this section, the tribunal may make on the ground aforesaId 
such order as the tribunal thinks fit for striking out or varying 
the registratiop of the trade mark in question. 
40. (1) The Registrar n1ay, on request made In the 
prescribed manner by the registered proprietor-
(a) correct any error in the name or address of the 
registered proprietor of a trade Inark; 
(b) enter any change in the name or address of the person 
who is registered as proprietor of a trade mark; 
(c) cancel the entry of a trade mark on the register; 
(d) strike out any goods or classes of goods fron1 those in 
respect of which a trade mark is registered; or 
(e) enter a disclaimer or memorandum relating to a trade 
mark which does not in any way extend the rights given 
by the existing registration of the trade mark. 
(2) The Registrar may, on request made in the prescribed 
manner by a registered user of a trade mark, correct any error, 
or enter any change, in the name or address of the registered 
user. 
(3) Any decision of the Registrar under this sectIon shall be 
subject to appeal to the court. IPINIlINGA/TI 1 
Page 28 
41. (l) The registered proprietor of a trade mark may 
apply in the prescribed manner to the Registrar for leave to 
add to or alter the trade mark in any manner not substantially 
affecting the identity thereof, and the Registrar may refuse 
leave or may grant it on such terms and subject to such 
limitations as he may think fit. 
(2) The Registrar may cause an application under this 
section to be advertised in the Journal in any case where it 
appears to him that it is expedient so to do, and where he does 
so, if within the prescribed time from the date of the advertise­
ment any person gives notice to the Registrar in the prescribed 
manner of opposition to the application, the Registrar shall, 
after hearing the parties if so required, decide the matter. 
(3) Any decision of the Registrar under this section shall be 
subject to appeal to the court. 
(4) Where leave as aforesaid is granted, the trade mark as 
altered sh'all be advertised in the Journal, unless it has already 
been advertised, in the form to which it has been altered, in an 
advertisement under subsection (2) of this section, Alteration or 
registered 
trade mark. 
42. (I) The Minister may make such regulations and Ardapt.attiont 'b h f' h h' k d' f' ,0 regis er 0 prescn e suc lorms as e t In s expe lent, lor empowenng rcvis~d . 
the Registrar to amend the register, whether by making or classIficatIOn 
striking' out or varying entries therein, so far as may be of goods. 
requisite for the purpose of adapting the designation therein 
of the goods or classes of goods in respect of which trade 
marks are registered to any amended or substituted classi-
fication that may be prescribed, 
(2) The Registrar shall not, in exercise of any power 
conferred on him for the purpose aforesaid, make any 
amendment of the register that would have the effect of adding 
any goods or classes of goods to those in respect of which a 
trade mark is registered (whether in one or more classes) 
immediately before the amendment is to be made, or of 
antedating the registration of a trade mark in respect of any 
goods: 
Provided that this subsection shall not have effect in 
relation to goods as to which the Registrar is satisfied that 
compliance with this subsection in relation thereto would 
involve undue complexity and that the addition of antedating, 
as the case may be, would not affect any substantial quantity 
of goods and would not substantially' prejudice the rights of 
any person, Certification 
trade marks. JPlNll INGAITI 1 
Page 29 
(3) A proposal for the amendment of the register for the 
purpose aforesaid-
(a) shall be notified to the registered proprietor of the trade 
mark affected; 
(b) shall be subject to appeal by the registered proprietor to 
the court; 
(c) shall be advertised in the Journal with any modi­
fications; and 
(d) may be opposed before the Registrar by any person 
concerned on the ground that the proposed alnendment 
contravenes the provisions of subsection (2) of this 
section. 
(4) The decision of the Registrar on any opposition under 
subsection (3)(d) of this 'section shall be subject to appeal to 
the court. 
(5) Regulations under this section shall not have effect until 
published in the Federal Gazette. 
Certification Trade j\1 arks 
43. (I) A mark adapted in relation to any goods to 
distinguish in the course of trade goods certified by any person 
in respect of origin, ll1aterial, method of manufacture, q uali ty, 
accuracy or other ch'aracteristic, from goods not so certified 
shall be registrable as a certification trade mark in Part A of 
the register in respect of those goods in the name, as 
proprietor thereof,. of that person: 
Provided that a mark shall not be so registrable in the name 
of a person who carries on a trade in goods of the kind 
certified. 
(2) In determining whether a mark is adapted to distinguish 
as aforesaid, the tribunal may have regard to the extent to 
which-
(a) the mark is inherently adapted to distinguish as 
aforesaid in relation to the goods in question; and 
(b) by reason of the use of the mark or of any other 
circumstances, the mark is in fact adapted to 
distinguish as aforesaid in relation to the goods in 
question. 
(3) Subject to the provisions of subsections (5) and (6) of 
this section, and of sections 7 and 8 of this Act, the registration 
of a person as proprietor of a certification trade mark in 
respect of any goods shall, if valid, give to that person the 
exclusive right to the use of the trade mark in relation to those 
goods. IPINIIINGA/T/I 
Page 30 
(4) Without prejudice to the generality of the right to the 
use of a certification trade ma.rk given by such registration as 
aforesaid, that right shall be taken to be infringed by any 
person who, not being the proprietor of the trade mark or a 
person authorised by him under the rules in that behalf using 
it in accordance therewith, uses a mark identical with it or so 
nearly resembling it as to be likely to deceive or cause 
confusion, in the course of trade, in relation to any goods in 
respect of which it is registered, and in such manner as to 
render the use of the mark likely to be taken either-
(a) as being use as a trade mark; or 
(b) in a case in which the use is use upon the goods or in 
physical relation thereto or in an advertising circular or 
other advertiselnent issued to the public, as importing 
a reference to some person having the right either as 
proprietor or by his authorisation under the relevant 
rules to use the trade mark or to goods certified by the 
proprietor. 
(5) The right to the use of a certification trade mark given 
by such registration as aforesaid shall be subject to any 
conditions or limitations entered on the register, and the use 
of any such mark as aforesaid in any circumstances to which, 
having regard to any such limitations, the registration does 
not extend shall not constitute an infringement of that right. 
(6) Where a certification trade mark is one of two or more 
registered trade marks that are identical or nearly resen1ble 
each other, the use of any of those trade marks in exercise of 
the right to the use of that trade mark given by registration 
shall not constitute an infringement of the right to the use of 
any other of those trade marks so given. 
(7) There shall be deposited at the office of the Registrar in 
respect of every trade mark registered under this section, rules 
approved by the Minister for governing the use thereof, which 
shall include provisions as to the cases in which the proprietor 
is to certify goods and to authorise the use of the trade mark, 
and may contain any other provisions that the Minister may 
require or permit to be inserted therein (including provisions 
conferring a right of appeal to the Registrar against any 
refusal of the proprietor to certify goods or to authorise the 
use of the trade mark in accordance with the rules). 
(8) Rules deposited under subsection (7) of this section, 
shall be open to inspection in like manner as the register. 
(9) A certification trade mark shall not be assignable or 
transmissible otherwise than with the consent of the Minister. International 
arrange men ts. IPINIlINGA/TIl 
Page 31 
(10) The provisions of the First Schedule of this Act shall 
have effect with respect to the registration of a lnark under this 
section and to marks so registered. 
International arrangernents 
44. (1) Any person who has applied for protection for any 
trade lnark in a Convention country or his legal representative 
or assignee shall be entitled to registration of his trade mark 
under this Act in priority to other applicants; and the 
registration shall have the same date as the date of the 
application in the Convention country: 
Provided tha t-
(a) this subsection shall not apply unless application for 
registration is n1ade within six months from the 
application for protection in the Convention country; 
and 
(b) nothing in this section shall entitle the proprietor of the 
trade mark to recover damages for infringements 
happening prior to the actual date on which his trade 
mark is registered in Nigeria. 
(2) The registration of a trade mark shall not be invalidated 
by reason only of the use of the trade mark in Nigeria during 
the period specified in this section as that within which the 
application may be made. 
(3) The application for the registration of a trade mark by 
virtue of this section must be made in the same manner as an 
ordinary application for the registration of a trade mark 
under this Act. 
(4) Where a person has applied for protection for any trade 
mark by an application which-
(a) in accordance with the terms of a treaty subsisting 
between any two or more Convention countries, is 
equivalent to an application duly made in anyone of 
those Convention countries; or 
(b) in accordance with the law of any Convention country, 
is equivalent to an application duly made in that 
Convention country, 
he shall be deemed for the purposes of this section to have 
applied in that Convention country. IPINIlINGA/TIl 
Page 32 
Power to 
make 
regulations. (5) In this Act, "Convention country" means a country in 
the case of which there is for the time being in force a 
declaration made by the President, with a view to the fulfil­
ment of a treaty, convention, arrangement or engagement, 
declaring that that country is a Convention country: 
Provided that a declaration may be made as aforesaid for 
the purposes either of all or of some (but not all) of the 
provisions of this Act, and a country in the case of which a 
declaration made for the purpos~s of some (but not all) of the 
provisions of this Act is in force shall be deemed to be a 
Convention country for the purposes of those provisions only. 
(6) A declaration made under this section shall not have 
effect until published in the Federal Gazette. 
Regulations 
45. (1) The Minister may make regulations-
(a) for regulating the practice under this Act, including the 
service of documents; 
(b) for classifying goods for the purposes of registration of 
trade marks; 
(c) for making or requiring duplicates of trade marks and 
other documents; 
(d) for securing and regulating the publishing and selling or 
distributing, in such manner as the Minister thinks fit, 
of copies of trade marks and other documents; 
(e) for prescribing the fees to be paid in respect of appli­
cations, registrations and other matters under this Act; 
(f) for prescribing anything required or authorised by this 
Act to be prescribed by regulations; 
(g) for extending the time limited by this Act for the 
performance of any act, whether generally or in 
particular cases and whether at the discretion of the 
Registrar or otherwise; 
(h) for imposing restrictions as regards the registration 
under this Act of the arms, flags, emblems, titles or 
other distinctive marks of any country or international 
organisation; 
(i) generally for regulating the business of the office of the 
Registrar and all things by this Act placed under the 
direction or control of the Registrar or the Minister. 
(2) Regulations under this section shall not have effect until 
published in the Federal Gazette. JPINIIINGA/T/l 
Page 33 
Powers and duties of Registrar 
46. Where any.discretionary or other power is given to the Duty of 'f 
R· b h' A hI' h h 11 . Registrar I eglstrar y t IS ct or t e regu atIOns, e s a not exerCIse required. 'to 
that power adversely to an applicant for registration or the hear certain 
registered proprietor of a trade mark without (if duly required persons. 
so to do within the prescribed time) giving to the applicant or 
registered proprietor an opportunity of being heard. 
47. In all proceedings before the Registrar under this Act, Pow:er of 
h R· h 11 1 d h Registrar to t e eglstrar s a lave power to awar to any party suc award costs. 
costs as he lnay consider reasonable, and to direct how and by 
what parties they are to be paid, and any such order may, by 
leave of the court or a judge thereof, be enforced in the same 
manner as a judgment or order of the court to the same effect. 
48. The Registrar shall before 1st July in every year send to Annual f 
h M· . h' b d h reports 0 t e Imster a report on t e executIOn y or un er t e Registrar. 
Registrar of this Act, and on receipt of any such report, the 
Minister shall lay a copy thereof before each House of the 
National Assembly. 
Legal proceedings and appeals 
49. In all legal proceedings relating to a registered trade 
mark (including applications under section 38 of this Act) the 
fact that a person is registered as proprietor of the trade mark 
shall be,prima facie evidence of the validity of the original 
registration of the trade mark and of all subsequent assign­
ments and transnlissions thereof. 
50. In all legal proceedings in which the validity of the 
registration of a registered trade mark comes into question 
and is decided in favour of the proprietor of the trade mark, 
the court may certify to that effect; and if it so certifies then, 
in any subsequent legal proceedings in which the validity of 
the registration comes into question, the proprietor of the 
trade mark on obtaining a final order or judgment in his 
favour shall be entitled to his costs unless in the subsequent 
proceedings the court certifies that he ought not to have them. Registration 
to be prima 
facie evidence 
of validity. 
Certificate of 
validity. IPINIIINGA/T/l 
Page 34 
Costs of 
Registrar etc. 
Trade usage 
etc. to be 
considered. 
Registrar's 
~ppearance 
In 
proceedings 
involving 
rectification. 
Court's 
power to 
review 
Registrar's 
decisions. 
Powers of 
court on 
appeal. 
Procedure in 
cases of 
option to 
apply to 
court or 
Registrar. 51. In all proceedings before the court under this Act the 
costs of the Registrar shall be in the discretion of the court, but 
the Registrar shall not be ordered to pay the costs of any other 
of the parties, 
52. In any action or proceeding relating to a trade mark or 
trade name, the tribunal shall admit evidence of the usages of 
the trade concerned and of any relevant trade mark or trade 
name or get-up legitimately used by other persons. 
53. (1) In any legal proceedings in which the relief sought 
includes alteration or rectification of the register, the 
Registrar shall have the right to appear and be heard, and 
shall appear if so directed by the Court. 
(2) Unless otherwise directed by the court, the Registrar 
instead of appearing and being heard may submit to the court 
a statement in writing signed by him, giving particulars of the 
proceedings before hin1 in relation to the matter in issue or of 
the grounds of any decision given by him affecting it or of the 
practice of the office of the Regi~trar in like cases or of such 
other matters relevant to the issues, and within his knowledge 
as Registrar, as he thinks fit, and the statement shall be 
deemed to form part of the evidence in the proceedings. 
54. The court, in dealing with any question of the recti­
fication of the register (including all applications under the 
provisions of section 38 of this Act), shall have power to 
review any decision of the Registrar relating to the entry in 
question or the correction sought to be made. 
55. In any appeal fron1 a decision of the Registrar to the 
court under this Act, the court shall have and exercise the 
same discretionary powers as under this Act are conferred 
upon the Registrar. 
56. Where under any of the foregoing provisions of this 
Act, an applicant has an option to make an application either 
to the court or to the Registrar-
(a) if an action concerning the trade mark in question is 
pending, the application must be made to the court: 
(b) if in any other case the application is made to the 
Registrar, he may, at any stage of the proceedings, refer 
the application to the court, or he may, after hearing 
the parties, determine the question between them, 
subject to appeal to the court. Evidence of 
things done 
by Registrar. IP INIlIN GAIT 11 
Page 35 
Evidence 
57. (1) In any proceedings under this Act before the 
Registrar, the evidence shall be given by statutory declaration 
except in so far as the Registrar otherwise directs; but in any 
case where the Registrar thinks it right to do so, he may take 
evidence viva voce instead of or in addition to evidence by 
statutory declaration. 
(2) Where in any such proceedings any evidence has been 
given by means of a statutory declaration, that evidence may, 
in the case of an appeal, be given before the court by means 
of that statutory declaration instead of by affidavit; but any 
evidence given by statutory declaration before the court by 
virtue of this subsection shall have all the incidents and 
consequences of evidence given by affidavit. 
(3) The Chief Judge of the Federal High Court may, with 
respect to the taking in any proceedings before the Registrar 
under this Act of any part of the evidence viva voce, make 
rules-
(a) as to the examination of the parties, and of witnesses, 
on oath or affirmation; and 
(b) as to the procedure of securing the attendance of 
witnesses and the production of documents. 
(4) Rules n1ade under subsection (3) of this section, shall 
not have effect until published in the Federal Gazette. 
58. (1) A printed or written copy of any entry in the 
register, purporting to be certified by the Registrar and sealed 
with the seal of the Registrar, shall be admitted in evidence in 
all courts and in all proceedings without further proof or 
production of the original. 
(2) Any person requiring such a certified copy as aforesaid 
shall be entitled to obtain it on payment of the prescribed fee. 
59. A certificate purporting to be under the hand of the 
Registrar as to any entry, matter or thing that he is authorised 
by this Act or the rules to make or do shall be prima facie 
evidence of the entry having been made, and of the contents 
thereof, and of the matter or thing having been done or not 
done. Method of 
giving 
evidence etc. 
Evidence of 
entries in 
register. JPIN/IINGA/T/l 
Page 36 
Falsification 
of register. 
Falsely 
representing 
trade mark 
as registered. Offences, and restraint of use of Arms of Nigeria, etc. 
60. If any person makes or causes to be made a false entry 
in the register, or a writing falsely purporting to be a copy of 
an entry in the register, or produces or tenders or causes to be 
produced or tendered in evidence any such writing, knowing 
the entry or writing to be false, he shall be guilty of an offence 
and be liable on conviction on indictment to imprisonment for 
a term not exceeding seven years. 
61. (1) Any person who makes a representation-
(a) with respect to a mark not being a registered trade 
mark, to the effect that it is a registered trade n1ark; or 
(b) with respect to a part of a registered trade mark not 
being a part separately registered as a trade mark, to the 
effect that it is so registered; or 
(c) to the effect that a registered trade mark is registered in 
respect of any goods in respect of which it is not 
registered; or 
(d) to the effect that the registration of a trade mark gives 
an exclusive right to the use thereof in any cil'cum­
stances in which, having regard to limitations entered 
on the register, the registration does not give that right, 
shall be liable on summary conviction to a fine not exceeding 
two hundred naira. 
(2) For the purposes of this section, the use in Nigeria in 
relation to a trade mark of the word "registered", or of any 
other word referring whether expressly or by implication to 
registration, shall be taken to ilnport a reference to regis­
tration in the register, except-
(a) where that word is used in physical association with 
other words delineated in char~cters at least as large as 
those in which that word is delineated and indicating 
that the reference is to registration as a trade mark 
under the law of a country other than Nigeria, being a 
country under the law of which the registration referred 
to is in fact in force; or 
(b) where that word (being a word other than the word 
"registered") is of itself such. as to indicate that the 
niference is to such registration as last aforesaid; or 
(c) where that word is used in relation to a mark registered 
as a trade mark under the law of a country other than 
Nigeria and in relation to goods to be exported to that 
country. The Trade 
Marks 
Journal. 
Joint 
proprietor­
ship of trade 
mark. IPINIIINGAIT/I 
Page 37 
62. (1) If in connection with any trade, business, calling or RestrraiAnt or 
r . . h h h·· f h use 0 rms prolesslOn any person, WIt out t e aut onsatlOn 0 t e of Nigeria or 
appropriate authority- of a State, etc. 
(a) uses the Arms of Nigeria or the Arms of a State (or 
arms so closely resembling the same as to be calculated 
to deceive) in any manner calculated to lead to the belief 
that he is duly authorised to use the Arms of Nigeria or 
the Arms of that State, as the case may be; or 
(b) uses any device, emblem or title in any manner 
calculated to lead to the belief that he is employed by 
or supplies goods to the President or the Governor of 
a State in his official capacity as such, 
he shall be guilty of an offence and liable on summary 
conviction to a fine not 'exceeding forty naira. , 
(2) Nothing in the foregoing subsection shall be construed 
as affecting the right, if any, of the proprietor of a trade mark 
containing any such arms, device, emblem or title as aforesaid 
to continue to use that trade mark. 
(3) In this section, "the appropriate authority"-
(a) in relation to the Arms of Nigeria and to employment 
by or the supply of goods to the President, means the 
President; and 
(b) in relation to the Arms of a State and to employment 
by or the supply of goods to the Governor of a State, 
means the Governor of th~t State. 
Miscellaneous and supplemental 
63. (1) The Registrar shall, from time to time, publish a 
journal (in this Act referred to as "the Journal") to be known 
as the Trade Marks Journal. 
(2) There shall be published in the Journal all ma~ters 
required by or under this Act to be so published and all sllch 
other matters relating to trade marks as the Registrar thinks 
fit. 
64. (1) Where the relations between two or more persons 
interested in a trade mark are such that no one of them is 
entitled as between himself and the other or others of them to 
use it except-
(a) on behalf of both or all of them; or 
(b) in relation to an article with which both or all of them 
are connected in the course of trade, 
those persons may be registered as joint proprietors of the 
trade mark, and this Act shall have effect in relation to any 
rights to the use of the trade mark vested in those persons as 
if those rights had been vested in a single person. IPlNlllNGA/T/l 
Page 38 
Trusts and 
equities. 
Recognition 
of agents. (2) SUbject to the foregoing subsection, nothing in this Act 
shall authorise the registration of two or more persons who 
~ls.e a trade. mark independently, or propose so to use it, as 
Jomt propnetors thereof. 
65. (l) There shall not be entered in the register any notice 
of any tr~st, whether express, implied or constructive; and no 
such notIce shall be receivable by the Registrar. 
(2) Subject to the provisions of this Act, eq uities in respect 
of a trade mark may be enforced in like manner as in respect 
of any other personal property. 
66. Where by this Act any act has to be done by or to any 
person in connection with a trade mark or proposed trade 
mark or any procedure relating thereto, the act may under and 
in accordance with the Regulations or in particular cases by 
special leave of the Minister, be done by or to an agent of that 
person duly authorised in the prescribed manner. 
67. (l) In this Act, unIes the context otherwise requires, the 
following expressions have the meanings hereby assigned to 
them respectively, that is to say-
"assignment" means assignment by act of the parties 
concerned; 
"court" means the Federal High Court; 
"Journal" means the Trade Marks Journal' published under 
section 63 of this Act; 
"limitations" means any limitations of the exclusive right to 
the use of a trade mark given by the registration of a 
person as proprietor thereof, includi~g limit~tions of that 
right as to n1anner of use, as to use m relatIOn to goods 
to""be sold or otherwise traded in in any place in Nigeria, 
or as to use in relation to goods to be exported to any 
market outside Nigeria; 
"mark" includes a device, brand, heading, label, ticket, name, 
signature, word, letter, numeral, or any combination 
thereof; 
"Minister" means the Minister charged with responsibility for 
trade marks; 
"permitted use" has the meaning assigned by section 33(2) of 
this Act; 
"person concerned", in relation to any matter, does not 
include the Registrar; 
"prescribed" means, in relation to proceedings before the 
court, prescribed by rules of court, and, in other cases, 
prescribed by this Act or the Regulations; Interpreta­
tion. Transitional 
provisions, 
repeal and 
savings. IPINI1 INGA/TI1 
Page 39 
"register" means the register of trade marks kept under this 
Act· , 
"registered trade mark" means a trade mark that is actually 
on the register; 
"registered user" means a person who is for the time being 
registered as such under section 34 of this Act; 
"Registrar" means the Registrar of Trade Marks appointed 
under section 1 of this Act; 
"regulations" means regulations made by the Minister under 
section 42 or 45 of this Act; 
"trade mark" means, except in relation to a certification trade 
mark, a mark used or proposed to be used in relation to 
goods for the purpose of indicating, or so as to indicate, 
a connection in the course of trade between the goods and 
some person having the right either as proprietor or as 
registered user to use the mark, whether with or without 
any indication of the identity of that person, and means, 
in relation to a certification trade mark, a mark registered 
or deemed to have been registered under section 43 of this 
Act· , 
"transmission" means transmission by operation of law, 
devolution on the personal representative of a deceased 
person, and any other mode of transfer not being 
assignment; 
"tribunal" means the Registrar or the court, as the context or 
circumstances may require. 
(2) References in this Act to the use of a mark shall be 
construed as references to the use of printed or other visual 
representation of the mark, and references therein to the use 
of a mark in relation to goods shall be construed as references 
to the use thereof upon, or in physical or other relation to, 
goods. 
68. (1) The transitional provisions set out in the Second 
Schedule to this Act shall have effect with respect to the 
various matters therein mentioned. 
(2) The enactments mentioned in the Third Schedule to this 
Act are hereby repealed to the extent specified in the third 
column of that Schedule. IPINII INGAITIl 
Page 40 
(3) Nothing in this Act shall affect any order, requirement 
or application made, certificate issued or notice, decision, 
determination, direction or approval given, or any other thing 
done, under any enactment repealed by this Act; and every 
such order, requirement, application, certificate, notice, 
decision, determination, direction, approval or thing shall, if 
in force at the commencement of this Act, continue in force 
and shall, so far as it could have been made, issued, given or 
done under this Act or the regulations, have effect as if made, 
issued, given or done under the corresponding provision of 
this Act or the regulations. 
(4) Without prejudice to the generality of subsection (3) of 
this section, the appointment as Registrar of Trade Marks of 
the officer who immediately before the commencement of this 
Act held that office shall be deemed to have been made by the 
Federal Civil Service Commission under this Act. 
(5) Any proceedings begun under the Trade Marks Act Cap. 1?9 of 
b . d d h' A the 19)8 may e contInue un er t IS Ct. Edition. 
(6) The provisions of this section shall be without prejudice 
to the provisions of section 6 of the Interpretation Act 1964 Cap. 192. 
(which relates to the effect of repeals). 
69. This Act may be cited as the Trade Marks Act. Short title. IPINIIINGA/TIl 
Page 41 
FIRST SCHEDULE 
CERTIFICATION TRADE MARKS 
I. (I) An application for the registration of a mark under section 43 of 
this Act must be made to the Registrar in writing in the prescribed manner 
by the person proposed to be registered as the proprietor thereof. 
(2) The provisions of subsections (2) and (4) to (7) of section 18 of this 
Act shall have effect in relation to an application under the said section 43 
as they have effect in relation to an application under subsection (1) of the 
said secti'On 18 except that for references therein to acceptance of an 
application there shall be substituted references to authorisation to 
proceed with the application. 
(3) In dealing under the said provisions with an application under the 
said section 43 the tribunal shall have regard to the like considerations, so 
far as relevant, as if the application were an application under section 18 
of this Act and to any other considerations (not being matters within the 
competence of the Minister under subparagraph (5) below) relevant to 
applications under the said section 43, including the desirability of 
securing that a certification trade mark shall comprise some indication that 
it is such a trade mark. 
(4) An applicant for the registration of a mark under the said section 
43 shall transmit to the Registrar draft rules for governing the use thereof 
at such time before the decision of the Registrar on the application as he 
may require in order to enable him to consider the draft, and the Registrar 
shall report thereon to the Minister. 
(5) When authorisation to proceed with an application has been given. 
the Minister shall consider the application with regard to the following 
matters, that is to say-
(a) whether the applicant is competent to certify the goods in respect of 
which the. mark is to be registered; 
(h) whether the draft rules are satisfactory; and 
(c) whether in all the circumstances the registration applied for would 
be to the public advantage, 
and may either-
(i) direct that the application shall not be accepted, or 
(ii) direct the Registrar to accept the application, and approve the 
rules, either without modification and unconditionally or subject to 
any condition or limitations, or to any amendments or modific­
ations of the application or of the rules, which the Minister thinks 
requisite having regard to any of the matters aforesaid, 
but, except in the case of a direction for acceptance and approval without 
modification and unconditionally, the Minister shall not decide the matter 
without giving to the applicant an opportunity of being heard: 
Provided that the Minister may, at the request of the applicant made 
with the concurrence of the Registrar, consider the application with regard 
to any of the matters aforesaid before authorisation t9 proceed with the 
application has been given, so however that the Minister shall be at liberty 
to reconsider any matter on which he has given a decision under this 
proviso if any amendment or modification is thereafter made in the 
application or in the draft regulations. Section 43. IPIN11INGA/TIl 
Page 42 
2. (1) When an application has been accepted, the Registrar shall, as 
soon as may be after such acceptance, cause the application as accepted 
to be advertised in the Journal, and the provisions of sections 20 and 21 
of this Act shall have effect in relation to the registration of the mark as 
if the application had been an application under section 18 of this Act: 
Provided that, in deciding under the said provisions, the tribunal shall 
ha ve regard only to the considerations referred to in paragraph 1 (3) of this 
Schedule, and a decision under the said provisions in favour of the appli­
cant shall be conditional on the determination in his favour by the Minister 
under sub-paragraph (2) of this paragraph of any opposition relating to 
any of the matters referred to in paragraph 1 (5) of this Schedule. 
(2) When notice of opposition is given relating to any of the matters 
referred to in paragraph I (5) of this Schedule, the Minister shall, after 
hearing the parties, if so required, and considering any evidence, decide 
whether, and subject to what conditions or limitations, or amendments or 
modifications of the application or of the rules, if any, registration is, 
having regard to those matters, to be permitted. 
3. (I) The rules deposited in respect of a certification trade mark may, 
on the application of the registered proprietor, be altered by the Registrar, 
with the consent of the Minister. 
(2) The Minister may cause an application for his consent to be 
advertised in any case where it appears to him that it is expedient so to do, 
and, where the Minister causes an application to be advertised, if within 
the prescribed time from the date of the advertisement any person gives 
notice to the Minister of opposition to the application, the Minister shall 
not decide the matter without giving the parties an opportunity of being 
heard. 
4. (1) The Minister may, on the application in the prescribed manner 
of any person concerned or on the application of the Registrar, make such 
order as he thinks fit for striking out or varying any entry in the register 
relating to a certification trade mark, or for varying the deposited rules, 
on the ground-
(a) that the proprietor is no longer competent, in the case of any of the 
goods in respect of which the trade mark is registered, to certify 
those goods; 
Cb) that the proprietor has failed to observe a provision of the deposited 
rules to be observed on his part; 
(c) that it is no longer to the public advantage that the trade mark 
should be registered; or 
(d) that it is requisite for the public advantage that, if the trade mark 
remains registered, the rules should be varied; 
and neither the court nor the Registrar shall have any jurisdiction to make 
an order under section 38 of this Act on any of those grounds. 
(2) The Registrar shall rectify the register and the deposited rules in 
such matter as may be requisite for giving effect to an order made under 
the foregoing subparagraph. 
5. Notwithstanding anything in section 47 of this Act, the Registrar 
shall not have any jurisdiction to award costs to or against any party on 
an application to him against a refusal of the proprietor of a certification 
trade mark to certify goods or to authorise the use of the trade mark. IPIN/lINGAIT/l 
Page 43 
6. The following provisions of this Act shall not have effect in relation 
to a certification trade mark, that is to say, sections 5 and 9, sections 18 
to 21 (except as expressly applied by this Schedule), section 26(4), sections 
31 to 35, and any provisions the operation of which is limi ted by the terms 
thereof to registration in Part B of the register. 
SECOND SCHEDULE 
TRANSITIONAL PROVISIONS 
Validity of Registratiolls under previolls Enactments 
I. (I) Subject to the provisions of this paragraph and of section 14 of 
this Act, the validity of the original entry of any trade mark on the register 
of trade marks existing at the commencement of the Trade Marks Act shall 
be determined in accordance with the enactments in force at the date of 
that entry, and any such trade I]1ark shall retain its original date, but for 
all other purposes shall be deemed to have been registered under the Trade 
Marks Act. 
(2) No trade mark which is on the register at the commencement of this 
Act and which under this Act is a registrable trade mark shall be removed 
from the register on the ground that it was not registrable under the 
enactments in force at the date of its registration. 
(3) Nothing in this Act shall be taken to have invalidated the original 
registration of a trade mark that immediately before the commencement 
of this Act was validly on the register. 
(4) Nothing in section 43 of the Trade Marks Act or in this Act shall 
be construed as having subjected any person to any liability in respect of 
any act or thing done before the commencement of that Act or this Act 
respectively to which he would not have been subject under the enactments 
then in force. 
PreviOllS Use of Trade Mark by Person Becomil/g Registered User 011 
Application /vJade within Olle Year of CO/1/mencement of Act 
2. Where a person is registered as a registered user of a trade mark on 
an application made within one year from the commencement of this Act, 
section 33(3) of this Act shall have effect in relation to any previous use 
(whether before or after the commencement of this Act) of the trade mark 
by that person, being use in relation to the goods in respect of which he 
is registered and, where he is registered subject to conditions or 
restrictions, being use such as to comply substantially therewith, as if that 
previous use had been permitted use. 
Previolls Use of Trade Mark in Relation to Goods for Etport . 
3. Section 37 of this Act shall be deemed to have had effect in relation 
to an act done before the commencement of this Act as "it has effect in 
relation to an act done after the commencement of this Act, without 
prejudice, however, to any determination of a competent tribunal which 
was made before the commencement of this Act, or to the determination 
of any appeal from a determination so made. IPINIlINGA/TIl 
Page 44 
SECOND SCHEDULE-continued 
Trade Marks Registered under Section 62 of the former Trade Marks Act 
(Cap. 199) Deemed to be Registered under Section 43 of thisAct 
4. Section 43 of this Act shall have effect, in relation to a trade mark that 
immediately before the commencement of this Act was on the register by 
virtue of section 62 of the Trade Marks Act as if the said section 43 had 
been in force at the date of the registration of the trade mark and it had 
been registered under that section, subject however to the following 
modifications, that is to say-
(a) the proviso to subsection (I) of the said section 43 shall not apply; 
(b) in a case in which rules for governing the use of the trade mark are 
deposited at the office of the Registrar at the commencement of this 
Act those rules shall be deemed to have been deposited under the 
said section 43; 
(c) in a case in which no such rules are deposited at the commencement 
of this Act, the proprietor shall be at liberty, or may be required by 
the Minister as a condition of the continuance of the registration, 
to deposit at any time thereafter such rules as the Minister may 
permit or require; and 
(d) in a case in which no such rules are for the time being deposited, the 
said section 43 shall have effect as if references therein, and in the 
First Schedule of this Act, to the rules had been omitted. 
Chapter or number 
Cap. 199. 
1958 Vol. X, 
page 2516. 
L.N. 122 of 1961. 
L.N. 112 of 1964. THIRD SCHEDULE 
REPEALS 
Short Title 
The Trade Marks Act. 
The Trade Marks 
Regulations. 
The Trade Marks (Fees) 
Regulations 1961. 
The Adaptation of Laws 
(Miscellaneous Pro­
visions) Order 1964. Extent of repeal 
The whole Act. 
The whole of the 
Regulations. 
The whole of the 
Regulations. 
In the First Schedule, 
the entry relating to 
the Trade Marks Act 
(Cap. 199). Section 68. 