Nigeria - Introduction of service marks

In an unprecedented move, the Nigerian Federal Minister of Commerce has unilaterally approved the introduction of service mark registrations.

The existing Trade Marks Act in Nigeria dates back to 1965 and is modelled on the old British Act of 1938.  The Act only makes provision for the registration of marks used or proposed to be used in relation to goods, and the lack of recognition for service marks has, for a considerable length of time, caused frustration to both practitioners and proprietors.  It would seem that the pressure brought to bear by the profession, through the Registrar, has finally resulted in Ministerial recognition.

Regrettably, the existing Act has not been amended, nor has the recently published Trade Marks Bill, containing provisions for the registration of service marks, been implemented.

We have now had sight of the regulations purporting to incorporate service marks in classes 35 through to 41.  Not only does the schedule merely make reference to a classification of goods, but the services referred to are not consistent with any recent edition of the Nice classification.

It is clear that there are a number of issues requiring clarification.  It would make sense to implement the latest edition (the 9th edition) of the classification, by way of promulgation, but it seems that this is unlikely to be the case.

Despite our reservations as to the legality of the process followed by the Minister and the Registrar, service mark applications are being taken on to file in Nigeria and you may wish to furnish us with your instructions sooner rather than later.

April 2007