Nigeria Service Marks - Update
23/04/2007

Earlier this month we reported that the Nigerian Minister of Commerce had issued a notice in terms of which it had allegedly become possible to register service marks in that country.

Our reservations with regard to the possible invalidity of any applications filed for service marks at this early stage have been expressed, yet we continue to receive requests from clients to go ahead and file service mark applications. The fear of finding out, once the dust has settled and valid applications can be lodged, that your mark has been "hijacked" by an unscrupulous and opportunistic filer is causing proprietors to assume the risk and file now, rather than later.

There has however been a development as far as the peculiar classification that the Minister had professed to adopt is concerned. An amended notice requesting publication in the Gazette, in respect of service marks, has been issued and in it the Minister has incorporated into the Fourth Schedule of the Trade Mark Regulations what appears to be the 9th Edition of the International Classification of Goods and Services. It will not be necessary to ponder on the curious disappearance of classes 42 - 45, as had initially been the case.

We must re-iterate the fact that this "amendment" has not been by way of a properly enacted legislative process, but rather one in terms of a section of the existing Trade Marks Act which empowers the Registrar to make regulations. These amendments do require gazetting, which, as mentioned, is still awaited.

It is possible that any service mark applications filed prior to domestic enactment through the National Assembly will be of no legal force or effect.

The situation is being monitored and developments will be posted to this website.

For more information in this regard please contact sbb@adamsadams.co.za and
megan-m@adamsadams.co.za.

Adams & Adams International Department
April 2007