1.    (1)             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 he 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 he court, act under he 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 he Federation authorised by he Minister.

(4)            The Registrar shall have an official seal which shall be officially and judicially noticed.

2.    (1)             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 registration, 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 he control and management of he Registrar at he 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.

5.     (1)            Subject to the provisions of this section and of sections 7 and 8 of this Act, the registration (whether before or after the commencement of this Act) of a person 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 the 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 he 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)            in a case in which the use is use upon the goods or in physical elation 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.

(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 he 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 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.

(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.

(a)            any bona fide use by a person of his own name or the 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 bona fide description of the character or quality of his goods, not being a description that would be likely to be taken as importing any such reference as is mentioned in section 65(2)(b) or 43(4) (b) of this Act.

9.    (1)             In order for a trade mark (other than a certification trade mark) to be registrable in Part A of the register it must contain or consist of at least one of the following essential particulars -

(a)            the name 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 according to its ordinary signification a geographical name or a surname;

(e)            any other distinctive mark:

(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 -

(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 or 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 notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof.

(a)            any matter the use of which would, by reason of its 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)           Subject to this section, no word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark in respect of a 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 purpose of section 38 of this Act as being an entry made in the register without sufficient cause, or any entry wrongly remaining on the register, as the case may require.

(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 made by others, and in association with a suitable name or description open to the public use.

13.    (1)            Subject to the provisions of subsection (2) of this section, no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of he 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 make it proper 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 made 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.    (1)          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.

(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.

(a)            contains any part not separately registered by the proprietor as a trade mark; or

(b)            contains matter common to he trade or otherwise of a non distinctive character,

(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 disclaimer as the tribunal may consider necessary for the purpose defining his rights under the registration:

16.     (1)          A trade mark may be limited in whole or in part to one or more specified colours, and in any such case the fact that it is so limited shall be taken into consideration by any tribunal having to decide on the distinctive character of the 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.

17.     (1)         Any person proposing to apply for he registration of a trade mark in Part A or Part B of the register may, if he son desires, apply to the Registrar in the prescribed manner for advice as to whether he 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 he advice asked for in the application.

(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 distinguish 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 proprietor of 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 he applicant is willing, instead of refusing the application, treat it as an application for registration in Part B and deal with he 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 prescribed 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 application 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 objection to he acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated by him, except by leave of he court; and if any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of cost on giving such notice as may be prescribed.

(7)            The Registrar or the court may at any time, whether before or after acceptance, correct any error in or in connection 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)           Subject to the provisions of this section, when an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, Registrar shall, as soon as may be after acceptance, cause notice of he application as accepted to be published in the Journal; and the notice shall set out all conditions and limited 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 published 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 of the publication under section 19 of this Act of notice of an application give notice to he 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, after 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.

(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 proceedings before him relating to he opposition, and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned.

21.   (1)             A decision of the Registrar under section 20(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 he 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 he 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.

22.  (1)              When an application for registration of a trade 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 he 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 applicant 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 period of seven years, but may be renewed from time to time in accordance with the provisions of this section:

(2)            The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, 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").

(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 t payment of fees and otherwise upon which a renewal of registration may be obtained, 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 removal, be deemed to be a trade mark that is already on the register:

(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 claims 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 several trade marks, in respect of the same goods or description of goods, which, while resembling each other in the material particulars thereof, yet differ in respect of -

(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 of a non distinctive character which does not substantially affect the identity of the trade mark; or

(d)             colour,

(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.

26.  (1)          Notwithstanding any rule of law or equity to the contrary, a registered trade mark shall after he commencement of this Act be assignable and transmissible either in connection with he 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 he case may be, or of some (but not all) of those goods.

(3)             Subsections (1) and (2) of this section, shall apply in regard to an unregistered trade mark 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 time 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.

(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.

27.  (1)            Where a trade mark that is registered, or is the subject of an application for registration, in respect of any goods is identical with another trade mark that is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description 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 made 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.

30.    (1)          Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall make application to the Registrar to register his title, and the registrar shall, on receipt of the application and on proof of title to his satisfaction, register him as he proprietor of the trade mark in respect of the goods in respect of which the assignment or transmission has effect, and shall cause 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,