Just a tiny note at this juncture, in case this post circulates beyond (Afro Leo: "duh, the internet")
The Registrant, who is an individual with no IP lawyer on record, might be feeling a little confident since he/she managed to satisfy the ‘first use’ requirement and already owns two registered SMs: ‘NOLLYWOOD’ under Class 35, and ‘nollywood’ under Class 35 and Class 38. [So, does it mean that this owner now has the right to stop anyone from setting up an online business with Nollywood, as covered?]
From what he has seen, this Leo understands that even if the cancellation proceeding succeeds, the Registrant might still have a slim chance to rely on common law and/or state statutes to enforce his/her unregistered trade mark rights – unfortunately, with the extra burden of proof. [Afro Leo asks: Will the Registrant even bother to do this? Must be an expensive exercise!]
Anyway, if the online articles (and the sentiments therein) are anything to go by, this Registrant doesn't look like he/she is the good books of many Nollywood fans, at the moment. So surreal! There may well be others who have done the same or something similar with Bollywood and Hollywood in the U.S or other countries such as the UK.This is what this Leo will explore in Part II. [Afro Leo adds: Basically, anyone can submit an application to register whatever as a trade mark. It's up to the IP office to scrutinise, in accordance with the law/practice, and either register or refuse]
Ok, this Leo needs to hurry up with his own application before they're all gone!