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Intellectual property protection (II) Trademark

By Funmilayo Olagunju

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The law that regulates Trademark in Nigeria is the Trademark Act Cap C13 LFN 2004. Section 67 of the Trademark Act defines Trademark:

“Trademark means, except for a certification trademark, is a mark used to distinct sign, mark, design, or expression which distinguishes goods and services”

Trademark lasts for seven years from the date of application for registration. Afterwards, it can be renewed for another period of Fourteen years.

Trademark registration is not a universal protection. It is enforceable in the country of registration.

PATENT.

The law that regulates patents in Nigeria is the Patents and Designs Act, Cap. P2, LFN 2004.

A patent is an exclusive right granted in respect of an invention, which may be a product or a process that provides a new and inventive way of doing something or offers a new and inventive technical solution to a problem. Section 1 of the Patents and Industrial Designs Act.

A registered patent remains in force for a score (Twenty years) from the date of filing the application. This 20 year term is subject to annual renewal. After the 20-years, it is no longer renewable.

INDUSTRIAL DESIGN

The law that regulates Industrial design in the Patents and Industrial Designs Act.

An industrial design that is registered is protected for five years. Afterwards, the design can be renewed for five years and another five years (Ten years of renewal)

“…Don’t take them for granted; possessions don’t last forever, you know”

Proverbs 27:24 (MSG)

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Intellectual property protection (II) Trademark

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