Tuesday, 14 February 2012
Design registration can't justify TM infringement, rules Nigerian court
According to Uwa Ohiku (Jackson Etti & Edu, Lagos), this ruling will serve to educate officials at the Nigerian trade marks and designs registries, who often allow parties which have no legal rights to a trade mark to file and register it as a 'design’ with the intention of using it as a justification for infringing the trade marks of others.
Afro Leo understands that a search mechanism is currently being discussed, which would enable searches to be conducted at the Trade Marks Registry when design applications are being filed, so as to ensure that a corresponding trade mark has not already been applied for or registered.
Source: Uwa Ohiku, Jackson Etti & Edu, Lagos, writing for World Trademark Review