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Summary
This research examines the Trademark Act and the various Legislative Framework for the enhancement and Protection of goods, it however goes further to analyze the complexities in the Trademark Act and the need to reform it. The Objectives included an evaluation of the applicability of the Trademark Law in Nigeria; analysis of the various Legislative and Judicial framework for the protection of producers and traders trademarks; analysis of the effectiveness and efficiency of the various laws pertaining to Trademark in Nigeria. The two models of registration, the adequacies of enforcement mechanism, the nature of defenses and remedies and an examination of the dangers of non-reform of the Trademark Act to both Manufacturers, Consumers of the services and the Government
The Nigerian Trademarks Act is deficient and falls short of the standard of the laws of other developed nations. An amendment is necessary in relation to the following: inclusion of procedures for administrative seizures like Nigerian police or customs. Routine checks on the potency or otherwise of the chemical component of components of a product is needful in other to ensure continuation and maintenance of quality. This is to avoid a situation where a manufacturer begins with high quality product which is subsequently registered as trademark but subsequently reduces its quality after it has gained acceptability by consumers. In other words, it is important to ensure that registered trade mark per se without regular checks of chemical and nutritional content does not become a substitute for high quality product.
This study adopts the doctrinal methodology. As such, primary sources of material were used. The research revealed that the nature of the NTMA highlights that Nigerian protection appears to be more limitative for local companies in terms of scope of protection. The basic purpose of trademark law is to protect consumers identify the goods or products they desire through the protection of distinctive mark. It enables increase distributional efficiency by making products easy for consumers to locate without confusion. Therefore, high quality standards will be maintained. Trademarks are a major platform by which product owner’s project into streams of commerce. The fact of differentiation of products guarantees quality of the product in issue. The protection afforded trademarks results in more creations and investment leading to new and improved products, a climate that supports and promotes economic prosperity. A sound and up to date trademark laws are required to stimulate and foster national creativity and innovation.
