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ABSTRACT
One of the problems that plague Nigeria is the problem of the enforceability of laws. There is no doubt that a plethora of rules was created to address several issues related to human interaction, and intellectual property is one of such areas protected by statutory regulations. This essay focuses on the provisions and enforcement of laws on trademarks by the courts in Nigeria.
The essay puts into consideration the provisions of the Trademarks Act 1965 (Cap T13, LFN 2011), which is the extant law on trademarks in Nigeria, and the role of the courts in putting to rest some of the issues that affect the conduct of parties engaged in commercial activities with respect to trademark and its use in the country. Issues such as the determination of the ownership of trademarks for the purpose of establishing infringement and granting remedies, distinguishing between registered and unregistered trademarks for the purpose of determining which courts have jurisdiction to entertain the matters arising from a dispute on the subject matter are discussed in this essay.
The study also explores the progress of the law of trademark and its protection through a review of the provisions of the Trademarks Act and the intervention of the courts in implementing these laws.
Based on the issues identified, the study makes its findings and draws its conclusion from an analysis of the Trademarks Act 1965 as well as the judicial decisions on the interpretation and application of the provisions of the Act.
