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Exploring the Juridical Limits of Name Sharing in Trade Mark Law & Practice
0₦2,500.00Professor Adebambo Adewopo,in his article, Exploring the Juridical Limits of Name Sharing in Trade Mark Law & Practice explores the trend of sharing the same name by different undertakings in the rapidly growing and competitive Nigerian market environment. Prof Adewopo deconstructs the juridical bases for sharing the same name and posits that such use is not inconsistent with established tenets of trademark law and practice. Adewopo surveys the legal landscape of name-sharing in the key circumstances where entities may be permitted to use the same trademark in respect of the same or different products. The article situates and rests the existing law and jurisprudence of trademark-sharing on two pillars, namely the classical trademark function and the bona fide use principles.
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Trademark Protection Under the Companies and Allied Matters Act 2020: An Evaluation of an Expanded Protective Framework in Nigeria
0₦2,500.00Richman Thommanuel, Associate, Aluko & Oyebode, in his article, Trademark Protection Under the Companies and Allied Matters Act 20202: An Evaluation of an Expanded Protective Framework in Nigeria, explains that in furtherance of the need to protect trademarks and prevent infringement, the Companies and Allied Matters Act (CAMA) stipulates as a precondition for the registration of a company, that where the proposed name of the company conflicts with or is likely to conflict with an existing trade mark registered in Nigeria, the name shall not be registered by the Corporate Affairs Commission (CAC). To give meaning to the provision, the CAMA 1990 empowered the CAC to issue directives for a company to voluntarily change its name if the same was inadvertently registered under a name that conflicts with an existing trademark. Despite the powers conferred on the CAC in this regard, the CAMA 1990 was flawed with shortcomings, including the absence of a mechanism to enforce the CAC’s directives for an infringing company to change its name. This lacuna has been addressed by CAMA 2020. Richman examines the expanded protective framework under the re-enacted CAMA.
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A Discourse on the Quality of Distinctiveness and Statutory Requirements of Registration of Trademarks in Nigeria
0₦2,500.00Mark Mordi, Partner Aluko & Oyebode in, A Discourse on the Quality of Distinctiveness and Statutory Requirements of Registration of Trademarks in Nigeria, deconstructs the concept of distinctiveness which quality, serves as an alternative to the statutory requirements for registration. Mordi examines the responsibilities and duties the Trade Marks Act 1965 places on the Trademarks Registry, on a prospective trademark applicant seeking registration of his trademark, and a party desirous of opposing a trademark registration (typically a prior registrant).
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Registration of Trademarks: Safeguarding Business Interests and Protecting Consumers against Confusion
0₦2,500.00Yahya Hambali, Deputy Director, Nigerian Law School and research student at the School of Law, Queen’s University, Belfast, Northern Ireland, examines the provisions of the Trade Marks Act through decided cases and gives a practical guide on registration of trademarks.
