World Intellectual Property Organization

Nigeria

Trade Marks Regulations 1967

 

 


TRADE MARKS REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

. I. Short title.

  1. Interpretation.
  2. Fees.
  3. Forms.

Classification of Goods

5. Classification of goods.

Reclassification of Goods of Old Registration

  1. Application by registered proprietors for conversion of specification.
  2. Advertisement of proposal and opposition.
  3. Conversion of specifications and resulting registrations.

Documents

  1. Size, etc., of documents.
  2. Signature of documents by partnerships. 1I. Signature of documents by companies.
  1. Signature of documen ts by associations.
  2. Service of documents.

Address

  1. Address.
  2. Address for service.

Agents

16. Agents. Registrable Trade Marks and Preliminary Advice (Section 17)

  1. Registrable trade marks.
  2. Arms of Nigeria, etc.
  3. Arms of a city, etc.
  4. Living person or person recently dead. 2I. Name and description of goods on a trade mark.

22. Preliminary advice as to distinctiveness.

ARRANGEMENT OF REGULATIONs-continued

Application for Registration oja Trade Mark Specification

  1. Form of application and specification.
  2. Address for applications.
  3. Representation of mark.
  4. Additional forms and representations.
  5. Representations to be durable.
  6. Separate applications.
  7. Representations to be satisfactory.
  8. Specimens of trade marks in exceptional cases.
  9. Series of trade marks.
  10. Transliteration and translation.

Procedure on Receipt of Application for Registration oj a Trade Mark

  1. Search.
  2. Acceptance, absolute or conditional; objection.
  3. Registrar's objections and hearing.
  4. Registrar's conditions, etc. and hearing.
  5. Decision of Registrar.
  6. Disclaimer.

Defensive Trade Marks

39. Application under section 32.

Certification Trade Marks

  1. Application under section 43.
  2. Authorisation to proceed.
  3. Case; draft regulations. .
  4. Directions by the appropriate authonty.

Advertisement oj Application

  1. Advertisement of application.
  2. Wood block or electro-type printing.
  3. Advertisement of series.
  4. Ad vertisement under section 21 or section 41.

Opposition to Registration

  1. Opposition.
  2. Notice of opposition.
  3. Counter-statement.
  4. Evidence in support of opposition.
  5. Evidence in support of application.
  6. Evidence in reply by opponent.
  7. Further evidence.
  8. Exhibits.
  9. Hearing.
  10. Extension of time in opposition proceedings.
  11. Security for costs.
  12. Costs in uncontested cases.
  13. Opposition to applications under section 43.

ARRANGEMENT OF REGULATIONS-continued

Non-Completion

61. Non-completion within twelve months.

Entry in the Register, and Associated Marks

  1. Entry in register.
  2. Associated marks.
  3. Death of applicant before registration.
  4. Certificate of registration.

Renewal

  1. Renewal of registration.
  2. Notice before removal of trade mark from register.
  3. Second notice.
  4. Advertisement of non-payment.
  5. Removal of trade mark from register.
  6. Record of removal of mark.
  7. Notice and advertisement of renewal and restoration.

Assignment and Transmissions

  1. Joint application for entry of assignment or transmission.
  2. Application for entry of assignment or transmission by subsequent proprietor.
  3. Particulars to be stated in application.
  4. Case accompanying application.
  5. Proof of title.
  6. Application for entry of assignment without goodwill.
  7. Entry in the register.
  8. Separate registrations.

8I. Registrar's directions for advertisement of assignment without goodwill of trade mark in use.

Alteration of Address

82. Alteration of address in register.

Applications to the Registrar for Rectification (Sections 31. 32, 38 and 39)

  1. Application to rectify, or remove trade mark from, the register.
  2. Further procedure.
  3. Intervention by third parties.

Applications for alteration of the Register by correction, change, cancellation or striking out goods, or for entry of disclaimer, memorandum or note (section 40(1))

  1. Application under section 40(1).
  2. Evidence.
  3. Advertisement of certain applications.
  4. Certificates of validity to be noted.

ARRANGEMENT OF REGULATIONs-continued

Application to alter Registered Trade M arks

  1. Alteration of registered mark.
  2. Advertisement before decision.
  3. Decision, advertisement and notification.
  4. Advertisement illustration.

Appropriate authority's Orders for rectification of

Certification Trade Mark Entries and Regulations

94. Rectification of certification trade mark entries by the appropriate authority.

Alteration of Certification Trade Mark Regulations

95. Alteration of regulations.

Registered Users

  1. Application for entry of registered user.
  2. Entry and notification.
  3. Registered proprietor's application to vary entry.
  4. Application by registered proprietor or user to cancel entry.
  5. Application under section 34(5)(c) to cancel entry.
  6. Notification and hearing.
  7. Registered user's application under section 40(2).
  8. Cancellation by Registrar.

Extension of Time

  1. Extension of time.
  2. Excluded days.

Discretionary POII'er

  1. Hearing.
  2. Application for hearing.
  3. Notice of hearing.
  4. Hearing to be in public.
  5. Notice of decision.

Power to dispense with Evidence

111. Dispensing with evidence.

Amendments

112. Amendment of documents.

Certificates

  1. Certificates by Registrar.
  2. Marks registered without limitation of colour.
  3. Certificate for use in obtaining registration abroad.

Declarations

  1. Manner in which, and person before whom, declaration is to be taken.
  2. Notice of seal of officer taking declaration to prove itself.
ARRANGEMENT OF REGULATIONs-continued
Search
118. Searches.
Days and Hours of Business
119. Days and hours.
Application to an Orders of the Court
120. Application to Court.
121. Order of Court.
122. Publication of Order of Court.

FIRST SCHEDULE

FEES

SECOND SCHEDULE

FORMS

THIRD SCHEDULE

CLASSIFICATION OF GOODS

FOURTH SCHEDULE

CLASSIFICATION OF GOODS

L.N. 70 of 1967.

Short title.

Interpretation.

Cap. 436.

Cap. 204.

TRADE MARKS REGULATIONS 1967

(made under sections 42 and 45)

Commencement: 18th July, 1967

1. These Regulations may be cited as the Trade Marks Regulations.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say

"Act" means the Trade Marks Act; "agent" means an agent duly authorised to the satisfaction of the Registrar; "Journal" means the Trade Mark Journal published under section 63 of the Act; "Legal Practitioner" has the meaning assigned to it by the Legal Practitioners Act; "Office" means the Office of the Registrar 'of Trade Marks, Federal Capital Territory Abuja, Nigeria; "Schedule" means one of the schedules appended to these

Regulations;

"section" means a section of the Act;

"specification" means the designation of goods in respect of

which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered.

(2) In these Regulations, "the appropriate authority", in relation to a power or function conferred by or under the Act or these Regulations, means the National Assembly or such other authority or public officer upon whom such power or function is vested or delegated according to law.

Fees

3. The fees to be paid in relation to trade marks shall be Fees. those prescribed in the First Schedule to these Regulations; and such fees shall be paid to the Registrar who shall pay all fees received by him pursuant to these Regulations to the Treasury.

Note: The measurements in these regulations are in English measurements and may be converted into the metric system when required. .

Forms

Forms.

4. The forms herein referred to are those contained in the Second Schedule to these Regulations and such forms shall be used in all cases to which they are applicable, and may be modified as directed by the Registrar to meet other cases.

Classification of Goods

5. (1) For the purposes of trade marks, registrations dated Classification

. . f of goods.

b f he commencement 0 the ct, and

e ore t f A 0 f registrations 0 registered users thereunder, goods are classified in the manner appearing in the Third Schedule to these Regulations unless any specification has been converted to the Fourth Schedule to these Regulations in accordance with regulation 6 of these Regulations.

(2) For the purposes of trade marks registrations dated on or after the commencement of the Act and of registrations of registered users thereunder, and for the purposes of any registrations dated before that day whereof the specifications have been converted in accordance with regulation 6 of these Regulations, goods are classified in the manner appearing in the Fourth Schedule to these Regulations.

Reclassification of Goods of Old Registrations

Applica tion

6. (1) Where the specification of a registered trade mark is

by registered founded on the Third Schedule to these Regulations the proprietor

registered proprietor may apply to the Registrar on Form 42 for

conversion of

for the conversion of that specification so that it may be specification. founded on the Fourth Schedule to these Regulations, whether with or without the striking out of goods therefrom, but so that the registration retains its original date, and shall include in the application a request for the like conversion of the specification of the goods of any registered users under that registration; and thereupon the Registrar in accordance

with section 42(3) of the Act shall notify in writing to the registered proprietor a proposal showing the form which, in the Registrar's view, the amendment of the register should take.

(2) Two or more registrations of a trade mark in respect of goods falling within the same class of the Fourth Schedule to these Regulations, having the same date of registration, may be amalgamated upon conversion in accordance with this regulation.

Advertisement of proposal and opposition.

Conversion of spccifications and resulting registrations.

Page

7. (1) The advertisement of a proposal for amendment under section 42(3) of the Act shall be made in the Journal, and notice of any opposition shall be given on Form 43 within one month from the date of the advertisement, and shall be accompanied by an unstamped duplicate of the notice and by a statement in duplicate showing how the proposed conver sion would be contrary to section 42(2) of the Act.

(2) The Registrar shall forthwith send the duplicate copies to the registered proprietor who may within one month from the receipt of such duplicates, send to the Registrar a counter statement setting out fully the grounds on which the opposition is contested and ifhe does so he shall deliver to the opponent a copy thereof; and the Registrar may thereupon require or admit evidence directed to the question in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.

8. When a proposal for the conversion of a specification in accordance with regulation 6 of these Regulations has been advertised and has not been opposed and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and published subsequently in the Journal, and shall enter in the register the date when such entries were made; and the expression "the expiration of the last registration" shall have regard to the same date in the case of all the resulting entries for the purpose of determining the next

renewal thereof in accordance with section 23 of the Act as it had with regard to the registration before conversion.

Documents

9. Subject to any other directions that may be given by the Size, etc. of

documents.

Registrar, all applications, notices, statements, papers having representation affixed, or other documents authorised or required by the Act or these Regulations to be made, left with or sent to the Registrar shall be upon foolscap paper and, except in the case of statutory declarations and affidavits, on one side only, of a size of approximately thirteen inches by eight inches and shall have on the left hand part thereof a margin of not less than one inch and a half.

Address.

Address for service.

  1. A document purporting to be signed for or on behalf of Signatures of a partnership shall contain the.names ofall the partners in full ~~cuments and shall be signed by all the partners or by any qualified partnerships. partner stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorised to sign the document.
  2. A document purporting to be signed for or on behalf of Signature of

documents

a body corporate shall be signed by a director or by the by

secretary or other principal officer of the body corporate, or companies. by 'any other person who satisfies the Registrar that he is authorised to sign the document.

12. A document purporting to be signed for or on behalf of Signature of

documents

an association of persons may be signed by any person who by appears to the Registrar to be duly qualified. associations.

Service of

13. (I) All applications, notices, statements, papers having

documents.

representations affixed or other documents, authorised or required by the Act or these Regulations to be made, left with, or sent to the registrar or any other person may be sent through the post by a prepaid letter; and any application or any document so sent shall be deemed to have been made, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such sending, it shall be sufficient to prove that the letter was properly addressed and put in the post.

Address

14. (I) Where any person is by the Act or these Regulations bound to furnish the Registrar with an address, the address given shall in all cases beas full as possible, for the purpose ofenabling any person easily to find the place of trade or business of the person whose address is given.

(2) The Registrar may require the address to include the name of the street, and the number in the street or name of the premises, if any.

15. (1) The Registrar may require an applicant, opponent or agent, or a registered proprietor or registered user ofa trade mark,' who does not reside or carryon business in Nigeria to give an address for service in Nigeria and such address may be treated as the actual address of that person for all purposes connected with the matter in question.

(2)
Any registered proprietor or registered user of a trade mark or any person about to be registered as such, may, if he so desires, give upon Form 33 an address for service for entry in the register, and such address may be entered by the Registrar.
(3)
All applications on Form 33 under this regulation shall be signed by the applicant for registration or the registered proprietor or registered user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.
(4)
In any case in which no address for service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration.
(5)
Any written communication addressed to a party or person as aforesaid at an address given by him, or treated by the Registrar, as his address for service shall be deemed to be properly addressed.
(6)
The Registrar, at any time that a doubt arises as to the

continued availability of an address for service entered in the register, may request the person for whom it is entered by letter addressed to his trade or business address in the register, to confirm the address for service and if within three months of making such a request the Registrar receives no confirmation of that address, he may strike it off the register.

Agents

16. (1) Except as otherwise required by these Regulations, Agents. any application, request or notice which is required or permitted by the Act or these Regulations to be made or given to the Registrar, and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar and between the registered proprietor or a registered user of a trade mark and the Registrar or any other person, may be signed, made or given by or through an agent.

(2) Any such applicant, person making request or giving notice, proprietor, or registered user may appoint an agent to act for him in any proceedings or matter before or. affecting the Registrar under the Act and these Regulations by signing and sending to the Registrar an authority to that effect in the Form I or in such other written form as the Registrar may deem sufficient. In case ofsuch appointment, service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to such person in respect of the proceeding or matter may be addressed to such agent, and all attendances upon the Registrar relating thereto may be made by or through such .agent. In any particular case the Registrar may require the personal

signature or presence of an applicant, opponent, proprietor, registered user or other person.

Registrable trade marks,

Arms of Nigeria. etc,

Arms of a city. etc.

(3) The Registrar shall not be bound to recognise as such agent any person who has been proved to him to have been guilty of conduct discreditable to a trade mark agent or who has been convicted criminally or whose name has been struck off the Roll of Legal Practitioners or (during the term of his suspension) any person who has been suspended from acting as a legal practitioner.

Registrable Trade Marks and Preliminary Advice (Section 17)

17. (l) The Registrar may refuse to accept any application for the registration ofa mark upon which any of the following appear

(a)
the words "Patent", "Patented", "Registered", "Registered Design", "Copyright", "To counterfeit this is a forgery",' o-r words to the like effect;
(b)
the words "Red Cross" or "Geneva Cross" and representations of the Geneva and other crosses in red, or of the Swiss Federal cross in white on a red ground, or in silver on a red ground or such representations in a similar colour or colours.
(2)
Where there appears in a trade mark the registration of which is applied for a representation of a cross in any colour, not being one of those mentioned in the last foregoing subparagraph, the Registrar may require the applicant as a condition of acceptance to undertake not to use the' cross device in red or in white on a red ground or in silver on a red ground or in any similar colour or colours.

18. The following features may not appear on trade marks the registration of which is applied for

(a)
representations of the Arms of Nigeria or the Arms of a State (or arms so closely resembling the same as to be likely to be mistaken for them);
(b)
representations of the National Flag;
(c)
any words such as "President", "Governor," or any letters or devices if used in such a manner as to be likely to lead persons to think that the applicant is or has been employed by or supplies goods to the President or the Governor of a State in his official capacity, whether or not such be the case.

19. Where a representation of the armorial bearings, insignia orders of chivalry, decorations or flags of any State, city, town, place, society, body corporate, institution or person appears on a mark, the Registrar before proceeding to register the mark, shall, ifhe so requires, be furnished with a consent to theregistration and use o.fsuch emblems from such

official" or other person as appears to. the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the mark:

  1. Where the name or representation of any person Living person appears on a trade mark the Registrar shall, if he so requires, ~:c~~~i;n before proceeding to register the mark, be furnished with dead. consent from him or, in the case of a person recently dead, from his legal representatives, and in default of such consent he may refuse to register the mark.
  2. (l) Where the name or description of any goods Nam7 °T r

. f. description 0

appears on a tra de mark the Registrar may re use to register goods on a such mark in respect of any goods other than the goods so trade mark. named or described.

(2) Where the name or description of any goods appear on a trade mark which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.

Form or application. Specification.

22. (1) Any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar on Form 30, or on Form 29 in a case where he is also making an application under regulation 118 of these Regulations, for advice as to whether the trade mark, of which duplicate representations shall accompany the Form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 9 or inherently capable of distinguishing within the meaning of section 10 as the case may be in relation to those goods and shall apply separately in relation to goods comprised within different classes of goods in the Fourth Schedule.

(2) A notice of withdrawal of an application for the registration of a trade mark given under section 17(2) of the Act for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing withintwo months from the· date of the notice of the Registrar's objection.

Application for Registration of a Trade Mark Specification

23. (1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent. For a trade mark other than a certification or defensive trade mark the application shall be made on Form z. For a certification or a defensive trade mark the application shall be made on Form 5 or Form 32 respectively. Each application shall be for registration in respect of goods in one class of the Fourth Schedule only.

Preliminary advice as to distinctiveness.

(2)
Every application claiming priority under section 44 of the Act by reason of an application to register the trade mark made or deemed to have been made in a Convention country as defined in section 44(5) of the Act which country shall be named, shall state the date of that application and the applicant shall furnish a certificate by the Registrar or other registering authority of that country, or shall otherwise verify the application made or deemed to have been made therein to the satisfaction of the Registrar.
(3)
In the case of an application for registration in respect of all the goods included in a class or of a large variety of goods, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if and when it is registered.

Address for 24. All applications to register trade marks shall be made,

applications.

addressed and sent to the Registrar of Trade Marks, Federal Ministry of Trade, Federal Capital Territory, Abuja, Nigeria.

Representa25. (1) Every application for the registration of a trade

tion of mark.

mark shall contain a representation of the mark in the space provided on the application form for that purpose.

(2) Where the representation exceeds such space in size the representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable. Part ofthe mounting shall be affixed in the space aforesaid and the rest may be folded.

26. (1) There shall be sent with every application for registration of a trade mark (other than a certification trade mark) four additional representations of the mark on Form 3.

(2)
The representation of the mark on the application and its duplicate (if any) and the additional representations shall correspond exactly.
(3)
The additional representations shall in all cases be noted with all such particulars as may from time to time be required by the Registrar; and such particulars shall, if required, be signed by the applicant or his agent.

Additional forms and representations.

27. All representations of marks must be of a durable Representa

tions to be

nature, but th~ applicant may in case of need supply, in place durable. of representations on Form 3, representations on sheets of foolscap paper of the size prescribed in regulation 9 of these Regulations and noted as aforesaid.

Series of trade marks.

Transliteration and translation.

  1. Applications for the registration of the same mark in different classes shall be treated as separate and distinct applications, and in all cases where a trade mark is registered under the same official number for goods in more than one class, whether on conversion of the specification under regulation 6 of these Regulations or otherwise, the registration in respect of goods included in each separate class shall be deemed to be separate registration for all the purposes of the Act.
  2. The Registrar, if dissatisfied with any representation of a mark" may at any time require another representation satisfactory to him to be substituted before proceeding with the application.
  3. (1) Where a drawing or other representation or specimen cannot be given in manner aforesaid, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.

(2) The Registrar may also, in exceptional cases, deposit in the office a specimen or copy of any trade mark which cannot conveniently be shown by a representation and may refer thereto in the register in such manner as he may think fit.

  1. Where application is made for the registration of a series of trade marks under section 25( I) of the Act, a representation of each trade mark of the series shall be included, all as aforesaid, in the application form, in the unstamped duplicate thereof (if any), and in each of the accompanying Forms 3.
  2. (I) Where a trade mark contains a word or words in characters other than Roman, there shall, unless the Registrar otherwise directs, be indorsed on the application form and on each of the accompanying Forms 3 a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such indorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent.

(2) Where a trade mark contains a word or words in a language other than English the Registrar may ask for an exact translation thereof together with the name of the language, and such translation and name, if he so requires, shall he indorsed and signed as aforesaid.

Separate applications.

Represen tations to be satisfactory.

Specimens of trade marks in exceptional cases.

Procedure on Receipt of Application for Registration of a Trade Mark

Search.

Acceptance. absolute or conditional: objection.

  1. Upon receipt of an application for the registration of a trade mark in respect of any goods the Registrar shall cause a search to be made, amongst the registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion and the Registrar may cause the search to be renewed at anytime before the acceptance of the application, but shall not be bound to do so.
  2. After such search, and consideration of the application and of any evidence of use or distinctiveness or of any other matter which the applicant mayor may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimer, modifications or limitations as he may think right to impose.
  3. If the Registrar objects to the application, he shall Registrar's

objections

inform the applicant of his objections in writing, and unless etc. and within two months the applicant applies for a hearing or hearing. makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application.

36. If the Registrar is willing to accept the application Registrar's

conditions

subject to any conditions, amendments, disclaimer, modificetc. and

ations, or limitations, he shall communicate such willingness hearing.

to the applicant in writing, and if the applicant objects to such

conditions, amendments, disclaimer, modifications or limit

ations, he shall within one month from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application; and if the applicant does not object to such conditions, amendments, disclaimer, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly.

37. (1) The decision of the Registrar at a hearing as in Dt?1.:~sion of regulation 35 or regulation 36 of these Regulations, or Registrar. without a hearing if the applicant has duly communicated his considered objections or considered reply, in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the applicant objects to such decision he may within one month by applying upon Form 4 require the Registrar to state in writing the grounds of, and the materials used by him in arriving at, his decision.

Application

under

section 32.

Application under section 43.

Authorisation to proceed.

(2) In a case where the Registrar makes any requirement to which the applicant does not object, the applicant shall comply therewith before the Registrar issues such statement In writing; and the date when such statement is sent ,to t~e applicant shall be deemed to be the date of the Registrar s decision for the purpose of appeal.

Disclaimer.

38. The Registrar may call on an applicant to insert in his application such disclaimer as the Registrar may think fit in order that the public generally may understand what the applicant's right, if his trade mark is registered, will be.

Defensive Trade Marks

39.. (I) An application for the registration of a defensive trade mark under section 32 of the Act shall be made, addressed and sent to the Registrar on Form 32 and shall be accompanied by a statement of case setting forth full particulars ofthe facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Registrar.

(2) The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise, and the Registrar shall consider the whole of the evidence before deciding on the application; and in all other respects, and where they are appropriate and it is not otherwise stated, these Regulations shall apply to such applications as they apply to applications for the registration of ordinary trade marks.

Certification Trade Marks

  1. An application for the registration of a certification trade mark under section 43 of the Act shall be made to the Registrar upon Form 5 and shall be accompanied by two duplicates of the application or unstamped copies of Form 5 and by six additional representations of the mark on Form 3.
  2. (1) These Regulations shall apply to such applications as they apply to applications for the registration of ordinary trade marks, except that for references therein to acceptance of an application there shall be substituted references to authorisation to proceed with the application, and that the applicant shall not be deemed to have abandoned his application if in the circumstances of regulation 35 or regulation 36 he does not apply for a hearing or reply in writing.

(2) The address of an applicant to register a certification trade mark shall be deemed to be a trade or business address for all the purposes for which such an address is required by these Regulations.

Case; draft 42. (1) The applicant shall send to the Registrar with his

regula tions.

application or when required by the Registrar a case setting

out the grounds on which he relies in support of his application together with draft regulations for governing the use of the mark and Form 34, all being in duplicate.

(2) The Registrar may communicate to the applicant any observations he may have to make on the sufficiency of the case or the suitability. of the draft regulations and the applicant may modify either of those documents.

43. If the Registrar decides to authorise the application to Directions by

proceed he shall.report to t~e appropriate authority thereon ;~~ropriate and the appropnate authonty. may at any time call for such authority. evidence, if any, as it thinks fit, and shall if required hear the applicant and the Regisfrar, before giving directions as provided in sub-paragraph (5) of paragraph 1 of the First Schedule of the Act; and when such directions have been given and the application has been accepted, the Regulations for governing the use of the mark approved by the appropriate authority, as well as the form of application shall be open to public inspection.

Advertisement of Application

44. (1) An application for the registration of a trade mark Advertterequired or permitted to be advertised by section 19(1) of the ~pe~;c~tion. Act or sub-paragraph (1) ofparagraph 2 ofthe First Schedule ofthe Act, shall be advertised in the Journal during such times and in such manner as the Registrar may direct.

(2)
In the case of an application with which the Registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant, the words "By Consent" shall appear in the advertisement.
(3)
Ifno representation ofthe trade mark be included in the advertisement of the application, the Registrar shall refer in such advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.

45. For the purp?ses of such advertisement ,the applicant ~~oel~ct~~_ck may, at the appropnate time, supply or be required to supply type printing. a printing block (or more than one, if necessary) of the trade mark satisfactory to the Registrar of such dimensions as may

from time to time be approved or directed by the Registrar, or shall supply such information or other means ofadvertising the trade mark as may be required by the Registrar; and the Registrar, if dissatisfied with the printing block supplied by the applicant or his agent, may require a fresh block before proceeding with the advertisement.

Advertise46. When an application relates to a series of trade marks

ment of

differing from one another in respect of the particulars

series.

mentioned in section 25(1) of the Act, the applicant may be required to supply a printing block (or more than one if necessary) satisfactory to the Registrar of any or of each of the trade marks constituting the series; or the Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the manner in which the several trade marks differ from one another.

Advertise

47. Advertisements under sections 21(5), 41(2) and 41(4) of

ment under

section 21 or the Act shall, with the necessary modifications, be made in the

section 41.

same manner as advertisements relating to an application for registration.

Opposition to Registration

Opposition. 48. Any person may within two months from the date of any advertisement in the Journal of an application for registration of a trade mark give notice on Form 6 to the Registrar of opposition to the registration.

Notice of 49. The notice shall include a statement of the grounds

opposition.

upon which the opponent objects to the registration. If registration is opposed on the ground that the mark resembles marks already on the register, the numbers of such trade marks and the numbers of the Journals in which they have been advertised shall be set out; and the notice shall be accompanied by an unstamped duplicate which the registrar will forthwith send to the applicant.

Counter50. (1) Within one month from the receipt of such

statement.

duplicate the applicant shall send to the Registrar a counterstatement on Form 7 setting out the grounds on which he relies as supporting his application.

(2) The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits; and the counterstatement shall be accompanied by an unstamped duplicate.

51. Upon receipt of the counter-statement and duplicate Evidence ill the Registrar will forthwith send the duplicate to the opponent ~~~~~it\~~. and within one month from the receipt of the duplicate the opponent shall leave with the Registrar such evidence by way of statutory declaration as he may desire to adduce in support of his opposition and shall deliver to the applicant a copy of such evidence.

Hearing.

Extension of time in opposition proceedings.

52. If an opponent leaves no evidence, he shall, unless the Evidence If·n ' herwi d' bd d h b d dhi support 0

Registrar ot erwise irects, e eeme to ave a an one IS application. opposition but, if he does leave evidence, then, within one month from the receipt of the copies of declarations, the applicant shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application and shall deliver to the opponent a copy of such evidence.

  1. Within one month from the receipt by the opponent of EVife~ce in the applicant's declaration the opponent may leave with the ~C:p~ne~t. Registrar evidence by statutory declaration in reply and shall deliver to the applicant a copy of such evidence; and this evidence shall be confined to matters strictly in reply.
  2. No further evidence shall be left on either side but, in F~~thcr any proceedings before the Registrar, he may at any time if he encc.

CVI

thinks fit give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit.

55. (1) Where there are exhibits to declarations filed in an Exhibits. opposition, a copy or impression of each exhibit shall be sent to the other party on his request and at his expense, or if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection.

(2) The original exhibits shall be produced at the hearing unless the Registrar otherwise directs,

56. (1) Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear the arguments in the case and such appointments shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice.

(2) Within seven days from the receipt of the notice any party who intend to appear shall so notify the Registrar on Form 8 and a party who receives notice as aforesaid and who does not, within seven days from the receipt thereof, so notify the Registrar on Form 8 may be treated as not desiring to be heard and the Registrar may act accordingly.

57. Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, without giving the said party any hearing, grant any reasonable extension of time to any other party in which to take any subsequent step,

Security for costs.

Costs in uncontested cases.

Opposition to applications under section 43.

  1. The Registrar may require any person giving notice of opposition or any applicant sending a counter-statement after receipt of a copy of such notice to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as the Registrar may deem fit, and at any stage in the opposition proceeding may require further security to be given at any time before giving his decision in the case.
  2. In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.
  3. Within one month from the date of any advertisement in the Journal of an application for the registration of a certification trade mark, any person may give notice to the Registrar on Form 6 of opposition under sub-paragraph (1) of paragraph 2 of the First Schedule of the Act and regul ations 49 and 59 of these Regulations shall apply to the proceedings thereon; and any person may give notice to the

appropriate authority on Form 37 of opposition under subparagraph (2) of paragraph 2 of the said the First Schedule and regulations 49 to 59 of these Regulations shall apply with the necessary modifications to the proceedings thereon, with substitution of Form 38 for Form 7 and of Form 39 for Form 8 and in any case of doubt any party may apply to the Registrar or the appropriate authority, as the case may be for directions. '

Non-Completion

61. Where registration of a trade mark is not completed Non-.

l

within twelve months from the date of the application by ~~~fne:~~e~ve reason of default on the part of the applicant, the Registrar months. shall on Form 9 give notice in writing to the applicant at his trade or business address of the non-completion, but if the applicant has authorised an agent for the purpose of the application the Registrar shall instead send the notice to the agent and shall send a duplicate thereof to the applicant and if after fourteen days from the date when the notice was sent or such further time as the Registrar' may allow, the registration is not completed the application shall be deemed to be abandoned.

Entry ill the Register, and Associated Marks

62. (1) As soon as may be after the expiration of two En~rr in

months from the date of the advertisement in the Journal of regrs er. any application for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions ofsection 22(1) and{Z) of the Act and upon payment of the prescribed fee on Form 10 enter the trade mark in the Register.

(2)
In those cases where the applicant has supplied a printing block in accordance with regulation 45 of these Regulations he shall send with his fee a representation of the trade mark agreeing in all respects with the representation then appearing on the form of application to be affixed by the Registrar to the certificate of registration as required by regulation 65 of these Regulations.
(3)
The entry of a trade mark in the register shall give the date of registration, the goods in respect of which it is registered, and all particulars na,med in section 2 of the Act

including both the trade or business address and the address for service (if an application on Form 33 for the entry thereof has been approved), particulars of the trade, business, profession, occupation or other description of the proprietor, particulars of any undertakings by the proprietor entered on the form of application, particulars affecting the scope of the registration or the rights conferred by the registration and such other particulars as are prescribed.

(4) In the case of an application as aforesaid which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration the aforesaid entry in the register shall state that it is "By Consent" and shall give the number of the previous registration or the application for registration.

Associated

63. (1) Where a mark is registered as associated with

marks.

another mark or marks the Registrar shall note in the register in connection with the first-mentioned mark the number ofthe marks with which it is associated and shall also note in the register in connection with each of the associated marks the number of the first-mentioned mark as being a mark associated therewith.

(2) An application by a registered proprietor under section 27(2) of the Act to the Registrar to dissolve the association between two or more associated trade marks shall be made on Form 20 and shall include a statement of the grounds of the application.

Death or applicant before registration.

Certificatc 0r registration.

  1. In case of the death of any applicant for the registration of a trade mark after the date of his application, and before the trade mark applied for has been entered in the register, the Registrar, after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant's death, enter in the register, in place of such deceased applicant, the name, address and description of the person owning the trade mark, on such ownership being proved to the satisfaction of the Registrar.
  2. Upon the registration of a trade mark the Registrar

shall issue to the applicant certificate in the Form 11 and shall affix thereto a copy of the mark, which may be a represent ation thereof supplied by-the applicant under regulation 62.

Renewal

Rcncvval or

66. At anytime not more than three months before the registration. expiration of the last registration of a trade mark any person may leave with the Registrar a fee for the renewal of the registration of the mark upon Form 12 and, if he is not the registered proprietor, shall sign a statement on the Form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address; and before taking any further step the Registrar may either

(a)
require the person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish such authority may return the fee and treat it as not received; or
(b)
communicate with the registered proprietor stating that the fee has been received and that the registration will in due course be renewed.

67. At a date not less than one month and not more than Notice before

.. f hi' . f removal or

two mont hs be ore t fhe expiration 0 t east registration 0 a trade mark mark, if no fee upon Form 12 has been received, the Registrar from register. shall notify the registered proprietor in writing of the approaching expiration.

Second

68. At a time not less than fourteen days and not more than

notice.

one month before the expiration of the last registration of a mark the Registrar may, if no fee as aforesaid has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for service, if any.

Removal or trade mark frorn register.

Record or

removal or

mark.

Notice and

advertise

ment or

renewal and

restoration.

Joint

application

for entry of

assignment

or transmis

sion.

Application

for entry of

assignment

or trans

mission by subsequent proprietor.

Particulars to be stated in application.

  1. If at the date of the expiration of the last registration of Advertra mark the renewal fee has not been paid the Registrar shall ~cyn~~nt~onadvertise the fact forthwith in the Journal, and if within one month of that advertisement the renewal fee upon Form 12 together with an additional fee upon Form 13 is received, he may renew the registration without removing the mark from the register.
  2. Where at the expiration of one month from the advertisement mentioned in regulation 69 of these Regu lations the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may, upon payment of the renewal fee upon Form 12 together with a restoration fee upon Form 14, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
  3. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of the cause thereof.
  4. Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Journal.

Assignments and Transmissions

  1. Where a person becomes entitled by assignment or transmission to a registered trade mark, he may, conjointly with the registered proprietor, make application to the Registrar on Form 16 to register his title.
  2. Where a person becomes entitled to a registered trade mark in the manner referred to in regulation 73 of these Regulations and no conjoint application'"'as therein mentioned is made, he shall make application to the Registrar on Form 17 to register his title.
  3. (1) An application under regulation 73 or regulation 74 of these Regulations shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and such instrument shall be produced for inspection by the Registrar, preferably at the time of application and the full names of the partners in a partnership shall be given in the body of the application.

(2) The Registrar may in any case require a,nd retain ~n attested copy of any instrument produced for inspection In

proof of title, but such copy shall not be open to public inspection.

  1. Where in the case of an application on Form 16 or Form 17 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him; and if the' Registrar so require, the case shall be verified by a statutory declaration on Form 18.
  2. The Registrar may call on any person who applies to be registered as proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
  3. (l) An application under regulation 73 or regulation 74 of these Regulations relating to an assignment on or after the commencement of the Act of a trade mark in respect of any goods shall state
(a)
whether the trade mark was, at the time of the assignment, used in a business in any of those goods; and
(b)
whether the assignment was made otherwise than in

connection with the goodwill of that business, and, if both those circumstances subsisted, then the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under section 26(4) of the Act and regulation 81 and such proof, including copies of advertisements or otherwise as the Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.

(2) For the purposes of section 35(4) of the Act, the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark, upon application made under regulation 73 or 74 of these Regulations shall be six months from the date of advertisement in the Journal of the registration of the trade mark or such further period not exceeding six months as the Registrar may allow, on application being made to him on Form 15 by the applicant for registration of titie or the registered proprietor as the case may be, at any time before or during the period for which the extension can be allowed.

Case accompanying applica tion.

Proof of title.

Application for entry of assignment without goodwill.

Entry in the

79. When the Registrar is satisfied as to the title of the

register.

person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission.

Separate 80. Where pursuant to an application under regulation 73

registrations.

or 74 of these Regulations, and as the result of a division and separation of the goods of a registration or a division and separa tion of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different person shall be deemed to be a separate registration for all purposes of the Act.

Registrar's 81. (1) An application to the Registrar under section 26(4)

directions for

advertisement of the Act shall be made by the assignee on Form 40 and shall of assignment state the date on which the assignment was made. The

without

goodwill of application shall give particulars of the registration in the case trade mark in of a registered trade mark, and, in the case of an unregistered

usc.

trade mark shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance wi th section 26(3) of the Act.

(2)
The Registrar may call for any evidence of further information and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.
(3)
A request to the Registrar for an extension of the period within which the application may be made, which shall be on Form 41 may be made at any time before or during the period for which extension can be allowed, but the extension of the period which the Registrar may allow shall not exceed three months.

Alteration of Address

82. (I) A registered proprietor or registered user of a trade Alteration of business i address In

mark whosc trade or usiness IS changed so that the register.

entry in the register is rendered incorrect shall forthwith

request the Registrar on Form 19 to make the appropriate

alteration of the address in the register, and the Registrar shall'

alter the register accordingly if he is satisfied in the matter.

(2) A registered proprietor or registered user of a trade mark whose address for service in Nigeria entered in the register is changed, whether by dis-continuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar on Form 33 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.

Applica tion to rectify. or remove trade mark from the register.

(3)
A registered proprietor or registered user of a trade mark whose trade or business address or address for service is altered by a public ·authority so that the changed address designates the same premises as before, may make the aforesaid request to the Registrar on an unstarnpcd copy of Form 19 or an unstamped copy of Form 33, as the case may be, and ifhe does so he shall leave therewith a certificate of the alteration given by the said authority, and if the Registrar is satisfied as to the facts of the case, he shall alter the register accordingly, but shall not require the Form to be stamped.
(4)
In case of the alteration of the address of a person en tered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the Registrar may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person on a Form 33 amended as to suit the case for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the Form and may alter the entries accordingly.
(5)
All applications under this regulation on Form 33 shall be signed by the registered proprietor or the registered user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

Applications to the Registrar for Rectification (Sections 31, 32, 38 and 39)

8~. (I) An application to the Registrar under any of the sections 31, ~2, 38 or ?9 for the making, removing or varying of any entry II1 the register shall be made on Form 27 and shall be accompanied by a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.

(2) Where the application is made by a person who is not the registeredproprietor of the trade mark in question it shall be accompal1l~d by two unstamped copies of the application and t":,,o copres of the statement, and the Registrar will forthwith ser:d these copies to the registered proprietor at his trade or business .addr~ss as entered in the register and if an address for service different therefrom is entered in the register, at that address also.

Further procedure.

Intervention by third parties.

  1. Upon such application being made and copy thereof transmitted to the registered proprietor, if necessary, the provisions of regulations 50 to 59 of these Regulations shall apply with the necessary modifications to the further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a counter-statement, and in any case of doubt any party may apply to the Registrar for directions.
  2. Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made on Form 27 may apply to the Registrar on Form 28 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant such leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any way with the application for leave to intervene the Registrar may require the applicant to give an undertaking to pay such costs as in the circumstances he may award to any party.

Applications for alteration of the Register by correction, change, cancellation or striking out goods, or for entry of disclaimer, memorandum or note

(Section 40(1))

86. An application to the Registrar under section 40(1) of Application the Act for the alteration of the register by correction, change, under section

40(1).

cancellation, or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trade mark or by such person as he may satisfy the Registrar that he is entitled to act in the name of the registered proprietor. Such applications shall be made on Forms 19,21, 22, 23, 24, 25 and 33 as may be appropriate; but an application on Form 23 or 24 or 33 shall be signed by the registered proprietor or other person entitled under this

Regulation unless in exceptional circumstances the Registrar otherwise allows, or, in the case of Form 33 only, it is signed by an agent expressly authorised for the purpose of such an application.

Evidence.

87. In the case of an application as in the last foregoing Regulation, the Registrar may require such evidence by a statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

Alteration of registered mark.

Advertisement before decision.

Decision.: Advertisement. Notification.

  1. Where application is made on Form 25, to enter a Advert~edisclaimer or memorandum relating to a trade mark, the ~~~;i~ Registrar, before deciding upon such application shall applications. advertise the application in the Journal in order to enable any person desiring so to do to state, within one month of the advertisement, any reasons in writing against the making of the entry of disclaimer or memorandum.
  2. (I) Where the court has certified as provided in section Crtif~~tes 50 with regard to the validity of a registered trade mark, the ~e ~~~e~t.y to registered proprietor thereof may request the Registrar on Form 46 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named in the Form.

(2) An office copy of the certificate shall be sent with the request, and the Registrar shall so note the register and publish the note in the Journal.

Application to alter Registered Trade Marks

  1. Where a person desires to apply under section 41 that his registered trade mark may be added to or altered, he shall make his application in writing on Form 26 and shall furnish the Registrar with four copies of the mark as it will appear when so added to or altered.
  2. (1) The Registrar shall consider the application and shall, if it appears to him expedient, advertise the application in the Journal before deciding it; and within one month from the date of such advertisement any person may give notice of opposition to the application, on Form 44 accompanied by an unstamped duplicate of the notice, and may also send therewith a further statement of his objections in duplicate.

(2) The Registrar shall send the duplicate notice and the duplicate of any further statement of objections to the applicant and the provisions of regulations 50 to 59 of these Regulations shall apply with the necessary modifications to the further proceedings thereon and in any case of doubt any party may apply to the Registrar for directions.

92. Ifthe Registrar decides to allow the application he shall add to or alter the mark in the register and if the mark so added to or altered has not been advertised under regulation of these Regulations, he shall advertise it in the Journal and in any case shall insert in the Journal a notification that the mark has been altered.

Advertisement illustration.

93. In connection with an application to alter a registered trade mark the Registrar may at any time call on the applicant to supply a printing block satisfactory to the Registrar and suitable for advertising the mark with the addition or alteration as aforesaid, if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be likely to be understood by persons interested in the matter.

Appropriate authority's Order for rectification of

Certification Trade Mark Entries and Regulations

94. An application on any of the grounds mentioned in Rectifi~ation

.. _. of certifi

paragraph 4 of the First Schedule of the Act may be made by cation tr~de any person concerned to the appropriate authority for an bar~ entries order striking out or varying an entry in the register of or a~;r~priate relating to a certification trade mark or varying the relevant authority. deposited Regulations, shall be made on Form 36 and shall include full particulars of the grounds on which the application is made.

Alteration of Certification Trade Mark Regulations

95. (1) An application by the registered proprietor of a Alterat~on of certiificatication trad k foror alterati 0 f the deposite. d regulations.

e mar a teration Regulations and the consent of the appropriate authority thereto shall be made on Form 35.

(2) Where the appropriate authority causes such an application to be advertised the time within which any person may give notice to the appropriate authority of opposition to the application shall be one month from the date of the ad vertisement.

Registered Users

96. An application to the Registrar for the registration Application

. 34 f hA f '. for entry of

under section ate ct 0 a person as a registered user of registered a registered trade mark shall be made by that person and the user. registered proprietor on Form 47.

97. (1) The entry of a registered user in the register shall Ent.ry a~d

hih h 1" f h notification.

Sta et the da e on wt IC t e app ication or sue entry was made, which date shall be deemed to be the date of registration as a registered user of the person mentioned in the entry.

(2) The entry shall state the trade or business address of the registered user, and, if an application by him on Form 33 for the inclusion of an address for service which is different therefrom has been approved, that address also.

Registered proprietors applica tion to vary entry,

Application by registered proprietor or user to cancel entry.

Application under section 34(5)(e) to cancel entry.

Notification and hearing.

(3) Notification in writing of the registration of a registered user shall be sent to the registered proprietor of a trade mark,

and to the said registered user, and shall be inserted in the Journal.

  1. An application by the registered proprietor of a trade mark for the variation of the registration of a registered user of that trade mark under section 34(5)(a) of the Act shall be made on Form 48 and shall be accompanied by a statement of the grounds on which it is made, and, where the registered user in question consents, by the written consent of that registered user.
  2. An application by the registered proprietor or any registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under section 34(5)(b) of the Act shall be made on Form 49 and shall be accompanied by a statement of the grounds on which it is made.
  3. An application by any person for the cancellation of the registration of a registered user under section 34(5)(c) of the Act shall be made on Form 50 and shall be accompanied by a statement of the grounds on which it is made.
  4. (1) The Registrar shall notify in writing applications under regulations 98, 99 and 100 of these Regulations to the registered proprietor and each registered user (not being the applicant) whose registration is the subject of any such application and shall give notice thereof by advertisement in the Journal. Any person who intends to intervene in the proceedings shall within one month of the publication of such advertisement give notice to the Registrar on Form 51 to that effect and shall send therewith a statement of the grounds of his intervention.
(2)
The Registrar shall thereupon send copies of such notice and statement to the other parties, so that the intervention may be known to the applicant, the registered proprietor, the registered user whose registration is in suit and any other registered user who intervenes.
(3)
Any such party may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard, may accept or refuse the application or accept it

subject to any conditions, amendments, modifications or limitations he may think right to impose.

102. Applications under section 40(2) of the Act shall be Reg~stcred made on Form 19 or Form 21 or Form 22 or Form 33 as may ~~~li~ation be appropriate, by a registered user of a trade mark, or by under section such person as may satisfy the Registrar that he is entitled to 40(2). act in the name. of a registered user; and the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

Cancellation

103. (1) In case of the registration of a registered user for

by registrar.

a period, in accordance with section 34(1)(d) of the Act, the Registrar shall cancel the en try ofthe registered user at the end of the period.

(2)
Where some or all of the goods are struck out from those in respect of which a trade mark is registered, the Registrar shall at the same time strike them out from those specifications of registered users of the trade mark in which they are comprised.
(3)
The Registrar shall notify every cancellation or striking out under this section to the registered users whose permitted use is affected thereby and the registered proprietor of the trade mark.

Extension of Time

104. Ifin any particular case the Registrar is satisfied that Extension of the circumstances are such as to justify an extension of the time. time for doing any act or taking any proceeding under these Regulations not being a time expressly provided in the act or prescribed by regulation 78 or 81 of these Regulations, he may extend the time upon such notice to other parties, and proceedings thereon, and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceedings.

Excluded

105. Whenever the last day fixed by the Act or by these

days.

Regulations for doing any act or thing at the office shall fall on a day when the office is not open which day shall be an excluded day for the purposes of the Act and these Regulations, it shall be lawful to do the act or thing on the first day following such excluded day which is not an excluded day.

Discretionary Power

Hearing. 106. Before exercising adversely to any person any discretionary power given to the Registrar by the Act or these Regulations, the Registrar shall, if so required, hear such person thereon.

Application 107. An application for a hearing shall be made within one

for hearing.

month from the date of notification by the Registrar of any objection to an application or the date of any other indication that he proposes to exercise a discretionary power.

Notice of 108. (1) Upon receiving such application the Registrar

hearing.

shall give the person applying, ten days notice of a time when he may be heard.

(2) Within five days from the date when such notice would be delivered in the ordinary course of post, the person applying shall notify the Registrar whether or not he intends to be heard on the matter.

Hearing to 109. The hearing before the Registrar of any dispute

be in public.

between two or more parties relating· to any matter in connection with a registered trade mark or an application to register a trade mark shall be in public unless the Registrar, after consultation with those parties to the dispute who are represented at the hearing, otherwise directs.

Notice of 110. The decision of the Registrar in the exercise of any

decision.

such discretionary power as aforesaid shall be notified to the person affected.

Power to dispense with Evidence

Dispensing 111. Where under these Regulations any person is required

with

evidence. to do any act or thing or to sign any document, or to make any declaration on behalf ofhimself or of any body corporate, or any document or evidence is required to be produced or left with the Registrar or at the office and it is shown to the

satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or to make such declaration or that such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, signature, declaration, document or evidence.

Amendments

112. Any document or drawing or other representation of Amendment a trade mark may be amended and any irregularity in pro-d~cuments. cedure which in the opinion of the Registrar may be excused without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.

Manner in which, and person before whom, dec1ara tion is to be taken.

Certificates

113. (1) The Registrar may give a certificate, other than a ~eWfic~tes

certificate under section 22(3) of the Act as to any entry, y egistrar. matter or thing which he is authorised or required by the Act or these Regulations to make or do, upon receipt of a request therefor on Form 31 from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction.

(2) Except in a case falling under regulation 115 of these Regulations, the Registrar shall not be obliged to include in the certificate a copy ofany mark unless he is furnished by the applicant with a copy thereof suitable for the purpose.

114. Where a mark is registered without limitation of Marks d

. ifi f. .. registere

coIour the Registrar may grant a cern cate 0 Its registration without for the purpose of obtaining registration abroad, either in the liiitation of colour in which it appears upon the register or in any other co our. colour or colours, but in the last mentioned case the certificate shall be marked: "For use in obtaining registration abroad only".

115. (1) Where a certificate of registration of a trade mark fertific~tes is desired for use in obtaining registration abroad, the oa;t~~i~~ Registrar shall include in the certificate a copy ofthe mark and rebgistrdation

a roa .

may require the applicant for a certificate to furnish him with a copy of the mark suitable for the purpose and if the applicant fails to do so may refuse to issue the certificate.

(2) The Registrar may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit therefrom reference to any disclaimers appearing in the register; but in the last mentioned case the certificate shall be marked: "For use in obtaining registration abroad only". '-"

Declarations

116. The statutory declarations required by the Act, and these Regulations, or used in any proceedings thereunder shall be made and subscribed as follows

(a)
in Nigeria, before a commissioner for oaths, a notary public or other officer authorised by any law in force in any part of Nigeria to administer an oath;
(b)
in any other country, before any person having authority to administer an oath in that country.

Notice of seal of officer taking declaration to prove itself.

Searches.

117. Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by regulation 116 of these Regulations to take a declaration in testimony that the declaration was made and subscribed before him may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.

Search

118. Any person may request the Registrar on Form 29 to cause a search to be made in respect of specified goods classified in anyone class of the Fourth Schedule to these Regulations to ascertain whether any mark is on record at the date of the search which resembles a trade mark of which duplicate representations accompany the Form; and the Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof.

Days and Hours of Business

119. The Office shall be open to the public and the Register pay:.and shall be open to inspection on payment of the fees specified in s.

IOU

the First Schedule to these Regulations between the hours of 8 a.m. and 12 noon on Monday to Friday, except on days observed as public holidays and days which may from time to time be notified by a placard posted in a conspicuous place at the Office.

Applications to and Orders of the Court

120. Every application to the Court under the Act shall be ~Pt~~~~ion served on the Registrar. .

Order of

121. Where an order has been made by the Court in any

Court.

case under the Act the person in whosefavour such order has been made, or such. one of them, if more than one, as the Registrar may direct, shall forthwith leave at the Office an Office Copy of such order, together with Form 45, if required and the register may, if necessary, thereupon be rectified or altered by the Registrar.

122 Whenever an order is made by the Court under the Publication

• of Order of Act the Registrar may, if he thinks that the order should be Court. made public, publish it in the Journal.

Regulation 3.

*FIRST SCHEDULE

FEES

The following fees shall be paid in respect of applications, registrations and other matters under the Act. Such fees must in all cases be paid before or at the time of doing the matter in respect of which they are to be paid-

Maller or Proceeding Amount Corresesponding Nk Form

I. On application not otherwise charged to register a trade mark for a specification of goods included in one class .. 6 00 Form 2

Ia. On application to register a series of trade marks under section 25( I) of the Act for a specification of goods included in one class 6 00 Form 2

Ib. On application to register a defensive trade mark for a specification of goods included in one class 6 00 Form 32

Ic. On application under section 43 of the Act to register a certification trade mark for a specification of goods included in one class 4 00 Form 5

I d. On application made at the same time under section 43 of the Act to register

one certification trade mark for
specifications of goods not all
included in one class-
In respect of every class 4 00 Form 5

Total fee in no case to exceed N 80 for any number of classes

  1. On a request to the Registrar to state grounds of decision relating to an application to register a trade mark and materials used .. 4 00 Form 4
  2. On notice of opposition before the Registrar under section 20 of the Act, for each application opposed, by opponent 6 00 Form 6

3a. On lodging a counter-statement In answer to a notice of opposition under section 20 for each application opposed, by the applicant; or in answer to an application under any of the sections 31, 32, 38 and 39 of the

"Note: The measurements used in this Schedule are English measurements and they can be converted into metric measurements as and when they arc required.

FIRST SCHEDULE-continued

Maller or Proceeding Amount

Nk Act by the proprietor in respect of each trade mark; or in answer to a notice of opposition under section 4 I or section 42, for each application or conversion opposed, by the proprietor 4 00 3b. On hearing of each opposition under section 20, by applicant and by opponent respectively; or on the hearing of an application under any of the sections 3I, 32, 38 and 39 of the Act, by applicant and bOy proprietor respectively; or on the hearing of an opposition under section 4 I or section 42 of the Act, by proprietor and by opponent respectively 6 00

3c. On notice of opposition before the appropriate authority under subparagraph (2) of paragraph 2 of the First Schedule to the Act for each application opposed, by the opponent 6 00

3d. On lodging a counter-statement II1 answer to a notice of opposition before the appropriate authority under sub-paragraph (2) of paragraph 2 qf the First Schedule to the Act, for each application opposed, by the applicant .. 4 00

3e. On the hearing of each opposition before the appropriate authority under sub-paragraph (2) of para graph 2 of the First Schedule to the Act, by applicant and by opponent respectively .. 6 00

4. For one registration ofa trade mark not otherwise charged for a specification of goods included in one class 6 00

4a. For one registration of a series of trade marks under section 25( I) of the Act for a specification of goods included in one class-

For the first mark 6 00 and for every other mark 2 00

Corresponding

Form

Form 7

Form 8

Form 37

Form 38

Form 39 Form IO

Form 10

FIRST SCHEDULE-continued Matter or Proceeding Amount Corresponding Nk Form 4b. For registration under section 43 of the Act of a certification trade mark for a specification of goods included in one class .. 6 00 Form 10 4c. For registration upon application made at the same time of one certification trade mark, under section 43 of the Act, for specification of goods not all included in one c1assIn respect of every class .. 6 00 Form 10 Total fee in no case to exceed N 120 for any number of Classes 4d. For one registration of a defensive trade mark for a specification of goods included in one class 8 00 Form 10

5. Upon each addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark 00 Form 10

Sa. On an application to dissolve the association between registered trade marks. . 4 00 Form 20

6. On application to register a registered user of a registered trade mark in respect of goods within the specific

ation thereof. . 8 00 Form 47
6a. On application to register the same registered user of more than one registered trade mark of the same registered proprietor in respect of goods within the respective specifications thereof and subject to the same conditions and restrictions in each
case-
For the first mark 8 00 Form 74
and for every other mark of the proprietor included in the application and statement of case 00
6b. On application by the proprietor of a single trade mark under section 34(5)(a) of the Act to vary entries of a registered user thereof 8 00 Form 48
6c. On application by the proprietor of more than one trade mark under

FIRST SCHEDULE-continued

Matter or Proceeding Amount Corresponding
N k Form
section 34(5)(a) of tile Act to vary the
entries of a registered user thereof-
For the first mark 8 00 Form 48
and for every other mark. of the
proprietor for which the same
user is registered, included in the
application 00
6d. On application by the proprietor or
registered user of a single trade mark,
under section 34(5)(b) of the Act for
cancellation of the entry of a
registered user thereof 4 00 Form 49
6e. On application by the proprietor or
registered user ofmore than one trade
mark under section 34(5)(b) of the
Act for cancellation of the entries of
a registered user thereof-
For the first mark 4 00 Form 49
and for every other mark of the
proprietor for which the same
user is registered, included in the
application 0 40
6[ On application under section 34(5)(c) of
the Act to cancel the entry of a
registered user of a single trade mark 4 00 Form 50
6g. On application under section 34(5)(c) of
the Act to cancel the entries of a
registered user ofmore than one trade
mark-
For the first mark 4 00 Form 50
and fOJ every other mark of the
proprietor for which the same
user is registered, included in the
application 0 40
6h. On notice under section 34(6) of the Act
and regula tion 10J of these Regu
lations, of intention to intervene in
one proceeding for the variation or
cancellation of entries of a registered
user of trade marks 2 00 Form 51
7. On request to enter in the register and
advertise a certificate of validity,
under section 50 of the Act and
regulation 89 of these Regulations-
For the first mark 2 00
and for every other mark of the

FIRST SCHEDuLE-continued

Matter or Proceeding Amount Corresponding
N k Form
proprietor for which the same
user is registered, included in the
application o 20
Ta. On application under section 35(4) of
the Act and regulation 78 of these
Regulations for extension of time for
registering a body corporate as sub
sequent proprietor of trade marks on
one assignment-s-
Not exceeding two months 2 00 Form 15
Not exceeding four months 4 00 Form [5
Not exceeding six months 6 00 Form 15
8. On application for directions by the
Registrar for advertisement of assign
ment of trade mark in use, without
goodwill-
For the first mark 4 00 Form 40
and for every other mark assigned
with the same devolu tion of
titic 00
Sa. On application for extension of time for
applying for directions for advertise
ment or assignment of trade marks in
use, without goodwill, in respect of
one devolution of title-
Not exceeding two months 2 00 Form 41
Not exceeding four months 4 00 Form 41
Not exceeding six months 6 00 Form 41

9. On application to register a subsequent proprietor in a case of assignment or transmission of a single trade mark-If made within six months from the date of acquisition of proprietorship or the coming into force of

these Regulations 8 00 Form 16 or 17 If made after expiration of six months but within twelve months from the date of

acquisition of proprietorship or

the coming into force of these

Regulations 5 00 Form 16 or 17

If made after expiration of twelve months from the date of acq uisition of proprietorship or the coming into force of these Regula tions 10 00 Form 16 or 17

FIRST SCHEDULE-continued Matter or Proceeding Amount Corresponding Nk Form 9a. On application to register a subsequent

proprietor of more than one trade
mark standing in the same name, the
devotion of title being the same in
each case-
If made within six months from the
date of acquisition ofproprietor
ship or on the coming into force
of these Regulations-For the first mark 5 00 Forml6or17
and for every other mark .. 1 00
If made after expiration of six
months but within twelve
months from the date of acquisi
tion or the coming into force of
these ReguIations-For the first mark 9 00 Form 16 or 17
and for every other mark .. 1 00
If made after expiration of twelve
months from the date of acquisi
tion of proprietorship or the
coming into force of these
Regulations-
For the first mark 10 00 Form 160r 17
and for every other mark .. 1 00

10. On application to change the name or description of a proprietor or a registered user of a single trade mark where there has been no change in the proprietorship or in the identity of the user 2 00 Form 22

lOa. On application to change the name or description of a proprietor or a registered user ofmore than one trade mark standing in the same name, where there has been no change in the proprietorship or in the identity of the user, the change being the same in each case-

For the first mark 2 00 Form 22 and for every other mark a 40

II. For the renewal of registration of a trade mark at expiration of last registration 10 00 Form 12

II a. For renewal or registration of a series of

FIRST SCHEDULE-continued

Malter or Proceeding

trade marks under section 25(I) at

expiration of last registration-For the first mark of the series and ~or every other mark of the

series II b. For renewal of registrations of the same certification trade mark with the same date for goods in more than one c1assIn respect of every class .. Total fee in no case to exceed N 200 for any number of classes.

IIc. Additional fee under regulation 69 .. IId. Restoration fee under regulation 70 ..

12. On an application to the Registrar for leave to add to or alter a single registered trade mark

12a. On an application to the Registrar for leave to add to or alter more than one registered trade mark of the same proprietor, being identical marks, the addition or alteration to be made, in each case being the same-

For the first mark

and for every other mark

12b. On notice of opposition to application for leave to add to or alter registered trade marks, for each application opposed

13. For altering one or more entries of the trade or business address of a registered proprietor or a registered user of a trade mark where the address in each case is the same and is altered in the same way

(Unless exempted under regulation 82)For the first entry and for every other entry

  1. For every entry in the register of a rectification thereof or an alteration therein, not otherwise changed
  2. For cancelling the entry or part of the

Amount

N k

10 00 00

10 00

2 00

8 00

8 00

8 00 4 00

6 00

2 00

o 40 4 00

Corresponding

Form

Form 12

Form 12

Form 13 Form 14 Form 26

Form 26

Form 44

Form 19

Form 45

FIRST SCHEDULE-continued

Page

Malter or Proceeding Amount Corresponding Nk Form

entry of a trade mark upon the register on the application of the registered proprietor of the trade mark .. 00 Form 23 or 24

16. On application under sections 31, 32, 38 and 39 for rectification of the register or removal of trade mark from the register 10 00 Form 27

16a. On application for leave to intervene in proceedings under any of the sections 31, 32, 38 and 39 for rectification of the register or removal of trade mark from the register 6 00 Form 28

  1. On request, not otherwise charged, for correction of clerical error or for permission to amend application .. 2 00 Form 21
  2. On request by registered proprietor ofa trade mark for entry of disclaimer or memorandum in the register 2 00 Form 25
  3. On application to the appropriate authority under regulation 94 to expunge or vary the registration of a certification trade mark or to vary the deposited Regulations of a certific ation trade mark or of certification trade marks of the same registered

'proprietor where the Regulations are substantially the same 6 00 Form 36

19a. On request to the appropriate authority by the registered proprietor of a certification trade mark to permit alteration of the deposited Regu lations thereof-

For the Regulations of one such registration 4 00 Form 35

For the same or substantially the same Regulations of each other registration proposed to be altered 111 the same way and included in the same request .. 00

20. On application by registered proprietor under regulation 6, for conversion of specification ., 00 Form 42

FIRST SCHEDULE-continued Corresponding

Form

Form 43

Form 29 Form 29

Form 30 Form 31

Form 31

Form 33

Form 33

24a.

Malter or Proceeding Amount

N k

On notice of opposition to a conversion of the specification or specifications

of a registered trade mark or

registered trade marks-For one mark For every other mark of the same

proprietor having the same specification For a search under regulation 118 in respect of one c1ass

Without application for the Registrar's advice under regulation 22 With application for the Registrar's advice under regulation 22

On request for the Registrar's preliminary advice under regulation 22, for each trade mark submitted in respect of one class ..

For certificate of the Registrar (other than certificate under section 22(3» of the registration of a trade mark

For certificate of the Registrar (other than certificate under section 22(3» of the registration of a series of trade marks under section 25(I) ..

For cancelling or making one or more entries of an address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same, on application made after the registration in each case-

For the first entry and for every other entry included in the application

For altering one or more entries of an address for service in the register included in one application for alteration, where the address and alteration in each case are the same-For the first entry and for every other entry Total fee In no case to exceed N 100 for any number of entries

6 00 00

3 00 4 00

00

00

2 00

00 0 40

1 00 0 40

FIRST SCHEDULE-continued

Matter or Proceeding Amount

Nk

27. For insI?~cting Register or notice of opposition, counter-statement or decision in connection with any opposition or application for rectific ation of the register relating to any

'particular trade mark, for every quarter of an hour .. a 40

  1. For permission to search amongst the classified representations of trade marks, for every quarter of an hour o 40
  2. For office copy of documents for every 100 words (But never less than 25) o 20
  3. For photographic copy of documents Cost according

to agreement

  1. For certifying office copies, MS or photographic or printed matter 00
  2. For extra space in the Journal advertisement, in cases where the printing block for the trade mark exceeds 21 inches in breadth or depth or in breadth and depth-

For every inch or part of an inch over 21 inches in breadth 0 80 For every inch or part of an inch over 2! inches in depth 0 80

Corresponding Form

L.N. 24 of 1968.

SECOND SCHEDULE

LIST OF FORMS

Form

I. Authorisation of Agent

  1. Application for registration of trade mark
  2. Additional representation of trade mark ..
  3. Request for statement of grounds for decision
  4. Application for registration of certification trade mark
  5. Notice of opposition to application for registration of a trade mark ..

Form

  1. Counter-statement to opposition before Registrar to application for registration of trade mark ..
  2. Notice to the Registrar of attendance at hearing
  3. Notice of non-completion of registration
  4. Fee for registration of a trade mark

II. Certificate of registration of a trade mark

  1. Renewal of registration of trade mark
  2. Additional fee to accompany renewal fee
  3. Restoration of trade mark where removed for nonpayment of fee
  4. Application under regulation 78 of these Regulations for extension of time in accordance with section 35(4) of the Act for the registration of the name of a Corporation as subsequent proprietor of a trade mark in the register ..
  5. Request by registered proprietor and transferee to register transferee as subsequent proprietor
  6. Request to the Registrar to register a subsequent proprietor of a trade mark
  7. Declaration in support of request to enter name of subsequent proprietor on the register ..
  8. Request for alteration of trade or business address in the register
  9. Application under section 27(2) of the Act and regulation 63 of these Regulations to dissolve the association between registered trade marks
  10. Request for correction of clerical error, etc.
  11. Request to enter change of name or description of registered proprietor (or registered user) of a trade mark
  12. Application by registered proprietor for cancellation of entry of a trade mark in the register
  13. Application by registered proprietor to strike out goods from those for which the trade mark is registered ..

Corresponding Fee

I, lei 2 Ie, III 3

Corresponding Fee

3a 3b

4, 4a, 4c or 4d and 5

II, II a or lIb II c

lid

7a 9 or 9a 9 or 9a

13

Sa

17

10 or lOa 15

15

  1. Request by registered proprietor that a disclaimer or memorandum relating thereto may be registered ..
  2. Application under section 41 of the Act for an addition to or alteration of a registered trade mark
  3. Application to the Registrar for the rectification of the register or the removal of a trade mark from the register

2g. Application for leave to intervene in proceedings

Form

relating to the rectification of, or removal of a trade mark from, the register

  1. Request for search under regulation I 18 of these Regulations
  2. Request for preliminary advice
  3. Request for general certificate of the Registrar (including certificate of registration of a trade mark)
  4. Application under section 32 of the Act for registration of a defensive trade mark. .
  5. Request by registered proprietor to enter, alter or substitute an address for service
  6. Regulations for governing the use of certification trade mark
  7. Request for the consent of the appropriate authority to alteration of the deposited Regulations for use of a certification trade mark
  8. Application to the appropriate authority for an order striking out or varying an entry in the register relating to a certification trade mark or varying the deposited Regulations
  9. Notice of opposition to an application for registration of a certification trade mark
  10. Counter-statement in reply to notice of opposition to application to register a certification trade mark
  11. Notice of attendance at hearing by the appropriate authority of opposition to an application for registration of a certification trade mark
  12. Application to the Registrar for directions for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business

4 I. Application for extension of time in which to apply for the Registrar's directions for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business

18 12 or 12a 16

Corresponding Fee

16a 22 23

24 or 24a Ib 15 or 26

19a

19a

3c

3d

3e

8

8a

  1. Application for the conversion of the specification from the Third Schedule to the Fourth Schedule
  2. Notice of opposition to proposal for conversion of specification 20a
  3. Notice of opposition to application for addition to or alteration of a registered trade mark 12b
  4. Notice of order of court for llleration or rectification of register of trade marks

20

14

SECOND SCHEDULE-continued

Form Corresponding Fee

  1. Request for entry and advertisement of a note of a certificate of validity by court .. 7
  2. Application for registration of registered user 6 or 6a
  3. Application by the registered proprietor for variation of the registration of a registered user with regard to the goods or the conditions or restrictions 6b or 6c
  4. Application by the registered proprietor or by any of the registered user of a trade mark for the cancellation of entry of a registered user thereof 6d or 6e
  5. Application for cancellation of entry of a registered user of a trade mark 6/0r 6g
  6. Notice to the Registrar of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark 6h

FORMS

FORM 1

TRADE MARKS ACT

Form of Authorisation of Agent in a matter or proceeding under the Act (Regulation 16)

*1 (or We) .

have appointed (a) . of .

to act as my (or our) agent for (b) .. .......................................... No . and request that all notice, requisitions and communications relating thereto may be sent to such agent at the above address. I (or We) hereby revoke all previous authorisations, if any, in respect of the same matter or proceeding. I (or We) hereby declare that I am (or we are) a

(c) .
DATED this day of ,19 ..
(d) .
Address (e) .

(To be struck out if the person appointing the Agent desires hIS own

address to be treated as the address for service after registration) I (or We) also authorise the said (a) . to complete Form 33 requesting the entry of an address for service as part of any registration obtained under the above authorisation.

DATED this day of ,19 ..

(d) . Address (e) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

*The full name ofall the partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated.

(a)
Here insert name and address of agent.
(b)
Here state the particular matter or proceeding for which agent is appointed, giving the reference number, if known.
(c)
Here state nationality.
(d)
To be signed by the person appointing the agent.
(e)
Here insert the full trade or business address of the person appointing the agent.

FORM 2 TRADE MARKS ACT (FEE STAMP-ITEM I or la)

Application for Registration of Trade Mark in Part" of the Register

One representation to be fixed within this space and four others to be sent on Forms 3.

Representations of a large size may be folded, but must then be mounted upon linen or other suitable material and affixed hereto.

SECOND SCHEDULE-continued

Application is hereby made for Registration in Part* of the Register of the accompanying Trade Mark in Class . in respect of (a) . ......................................................................................... in the name of (b) . whose trade or business address is (c) ~ .

.........................................................................................

trading as (d) .. by whom it is (e) proposed to be used and who c1aim(s) to be the proprietor(s) thereof.

(/) .

DATED the day of ,19 ..

(g) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

*Write distinctly here "A" or "8" according to the registration desired.

(a)
Here specify the goods. Only goods included in one and the same class should be specified. A separate application Form is required for each class.
(h)
Here insert legibly the full name, description and nationality of the individual firm or body corporate making the application. The names of all partners in a firm be given in full. If the applicant is a body corporate, the kind and country of incorporation should be stated.
(c)
Here insert the full trade or business of the applicant.
(d)
Here insert the trading style, if any.
(e)
If the mark is already in use, strike out the word "proposed to be" and insert "being".
(f)
For additional matters if required; otherwise to be left blank.
(g)
Signature.

SECOND SCHEDULE-continued

FORM 3 TRADE MARKS ACT

Additional Representation of Trade Mark to Accompany Application/or Registration (Regulations 26 and 40)

One representation of the trade mark to be affixed within this space. It must correspond exactly in all respects with the representation affixed to the Application Form.

Any representation larger than the space provided may be folded but must then be mounted upon linen or other suitable material and affixed hereto.

Four of these ADDITIONAL REPRESENTATIONS of the Trade Mark must accompany each Form of Application.

FORM 4 TRADE MARKS ACT (FEE STAMP-ITEM 2)

Request lor ~tatement 0/ Grounds of Decision (Regulation 37)

IN THE MATTER OF (a) .. the Registrar is hereby requested to state in writing the grounds of his

decision, dated the day of 19 ,after the hearing on the day of 19 , and the materials used by him in arriving at the decision.

DATED this day of ,19 ..
(b) .
To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

If the Registrar has made any requirement to which the Applicant does not object, the Applicant shall comply therewith before the Registrar issues the grounds of his decision (See regulation 37).

(a)
Insert the words and number identifying the matter of proceeding.
(b)
Signature.

SECOND SCHEDULE-continued

FORM 5 TRADE MARKS ACT (FEE STAMP-ITEM Ie or ld) Application for Registration of Certification Trade Mark under Section 43 (Regulation 40) (To be accompanied by two unstamped duplicates)

One representation to be fixed within this space, and six others to be sent on separate Forms 3.

Representations of a larger size may be folded but must then be mounted upon linen or other suitable material and affixed hereto.

Application is hereby made for Registration in Part A of the Register of the respect of (a) in the name of (h) .. ............................... whose address is (c) .

DATED this day of ,19 ..

(d) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here specify the goods. Only goods included in one and the same class should be specified. A separate application Form is required for each class.
(b)
Here insert the full name, description and nationality of the applicant. lfthe applicant is a body corporate, the kind and country of incorporation should be stated.
(c)
Here insert the full address of the applicant.
(d)
Signature.

SECOND SCHEDULE-continued

FORM 6 TRADE MARKS ACT (FEE STAM?--ITEM 3)

Notice oj Opposition to Application for Registration of a Trade Mark tRegulutions 48 and 60) (To be accompanied by an unstamped duplicates

IN THE MATTER OF an Application No . by . of .

(a) I (or we) . hereby give notice of my (or our) intention to oppose the Registration of the Trade Mark advertised under the above number for class . in the Trade Marks Journal of the................. day of .

................... , No page . The grounds of opposition are as follows

(b) .

Address for service in Nigeria in these proceedings:

DATED this day of , 19 ..

(c) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

(a)
Here state full name and address.
(b)
If registration is opposed on the grounds that the mark resembles marks already on the Register, the numbers of those marks and of the Journals in which they have been advertised are to be set out.
(c)
Signature.

SECOND SCHEDULE-continued

FORM 7 TRADE MARKS ACT (FEE STAMP-ITEM 3a) Form of Counter-Statement (Regulations 50 and 60) (To he accompanied hy an unstamped duplicate)

IN THE MATTER OF an Opposition No . to Application No . I (or We) . the applicant(s) for Registration of the above Trade Mark, hereby give notice that the following are the grounds on which I (or we) rely as supporting my (or our) applications:

I, (or We) admit the following allegations in the notice of opposition:

Address for service in Nigeria in these proceedings:

DATED this day of ,19 ..
(a) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a) Signature.

SECOND SCHEDULE-continued

FORM 8 TRADE MARKS ACT (FEE STAMP-ITEM 3b)

Notice to the Registrar oj Attendance at Hearing (Regulations 56 and 60)

I, (or We) (a) . of . hereby give notice that the Hearing of the arguments in, the Case of:

(b)
(1) Opposition No to Application for registration of a Trade Mark No .
(2)
Application that the entry in the Register in respect of Trade Mark No may be removed.
(3)
may be amended by alteration of or addition to the Trade Mark,
(4)
may be amended by a conversion of the specification of goods,
(5)
may be amended otherwise than by any change in the mark or of the specification on conversion,

which, by the Registrar's Notice to me (or us) dated the . day of , 19 , is fixed for a.m. will be attended by me (or us) or by some person on my (or our) behalf.

DATED this day of ,19 .
(c) .
(d) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here insert name and address.
(b)
Strike out words here that are not applicable, so as to state one of the cases (1) to (5) only.
(c)
Signature.
(d)
Address.

SECOND SCHEDULE-continued

FORM 9 TRADE MARKS ACT

Notice of Non-Completion of Regulation (Regulation 61)

No . The Registrar, as required by section 22(4) of the Trade Marks Act, and regulation 61 of the Trade Marks Regulations, made thereunder (copies

of which are printed on the back hereof), has to point out that the registration of the trade mark, in respect of which your application numbered as above was made on the day of 19 ,

has not been completed by reason of your default. Unless it is completed within fourteen days from this. date the application will be treated as abandoned.

DATED this day of , 19 ..

To: .

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

FORM 10 TRADE MARKS ACT (FEE STAMP-ITEMS 4, 4a, 4c or 4d and 5) Fee for Registration of a Trade Mark (Regulation 62)

(If the Applicant has furnished a printing block for advertisement, this Form must be accompanied by one unmounted representation of the Mark, exactly as shown on the Form of Application).

The prescribed fee for the registration of the Trade Mark No .

in Class is hereby transmitted.
DATED this day of , 19 .
To:

The Registrar of Trade Marks, *

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

NOTE-A request for the entry of an address for service of the registered proprietor may be made on an unstamped copy of Form No. 33 if it accompanies this Form.

"Signature.

SECOND SCHEDULE-continued

FORM II

NIGERIA

TRADE MARKS ACT Certificate of Registration. Section 22(3) (Regulation 65)

The Trade Mark shown above has been registered in Part A (or B) of

the Register in the name of , .
in Class under No as of the
date : of 19 , in respect of .
Sealed at my direction, this day of , 19 .
Registrar
The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Registration is for seven years from the date first above-mentioned, and may then be renewed, and also at the expiration of each period offourteen years thereafter.

This certificate is not for use in legal proceedings or for obtaining Registration abroad.

NOTE-Upon any change of ownership of this Trade Mark, or change in address, application should AT ONCE be made to the Registrar to register the change.

FORM 12

TRADE MARKS ACT (FEE STAMP-ITEMS II, II a or lIb) Renewal oj Registration oj Trade Mark (Regulation 66)

(a) I, (or We), . of . hereby leave the prescribed fee of for Renewal of Registration of the Trade Mark No. . in Class .

"which I am directed by the proprietor of the Trade Mark, that is to say

by (b) , to pay.*
DATED this day of ,19 .
(c) .
(d) .

The Statement on the back oj this Form must be jiffed in, and signed.

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism, Abuja, Nigeria.

*This Form will be returned if it is filed more than three months before the expiration of the last registration.

(To appear on back oj the Form)

The Registrar is requested to send notice of renewal of the Registration to (e) the Registered Proprietor at the following address:

(J)

DATED this day of 19 .

(a) Insert here the name and address of the person leaving the fcc.

**Ifthe fee is left by the proprietor himself, this passage should bestruck out.

(b)
If the fee is not left by the proprietor himself, insert his name and address here.
(c)
Signature of the person leaving the fee.
(d)
Address of the person signing.
(e)
If the request is signed by the Registered Proprietor strike out here the words "the Registered Proprietor" and substitute the word " me'" .
(J)
Signature.

FORM 13

TRADE MARKS ACT (FEE STAMP-ITEM 11 c)

Additional Fee to accompany Renewal Fee (Form 12) within one month after advertisement of Non-payment of Renewal Fee (To accompany Form 12)

In pursuance of the notices issued by the Registrar, I (or we) hereby transmit the additional fee (along with Form 12) for the renewal of the

Registration of the trade Mark No. Class . . In
DATED this day of (c) (d) ,19 . . .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

N.B.-This Form must be signed by the person(s) signing the Form 12 which accompanies it.

(a)
Signature.
(b)
Address.

FORM 14

TRADE MARKS ACT (FEE STAMP-ITEM lid)

Restoration of Trade Mark removed from Register for Non-payment of Fee (Regulation 70) (To accompany Form 12)

In pursuan~e of the Notices issued by the Registrar, I (or we) hereby transmit the additional fee (along with Form 12) for the restoration to the

Register of the trade Mark No. Class . . in
DATED this day of (a) (b) ,19 .. . .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

N.B.-This Form must be signed by the person(s) signing the Form 12.

(a)
Signature.
(b)
Address.

SECOND SCHEDULE-continued

FORM] 5 TRADE MARKS ACT (FEE STAMP-ITEM 7a) Application under Regulation 78 Jor extension oj time, in accordance with Section 35(4), Jor the Registration oj the name ofa Corporation as subsequent Proprietor oj a Trade Mark in the Register

Application is hereby made by (a) .

of . for an extension of time by (b) months of the period of six months allowed by section 35(4) and regulation 78 for registering its name, by force of one assignment, as p-roprietor of the following Trade Mark(s) registered upon application(s) conforming to paragraph (a) of section 35(1):

(c) Registration Number Class

DATED this day of ,19 .

(d) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

(a)
Here insert the name and address of the applicant.
(b)
Here insert "two" or "four" or "six".
(c)
Additional numbers may be given in a signed Schedule on the back of the Form.
(d)
Signature.

Page

FORM 16

TRADE MARKS ACT

(FEE STAMP-ITEM 9 or 9a)

Joint request to the Registrar by Registered Proprietor and Transferee to register the Transferee as subsequent Proprietor of Trade Marks upon the same devolution of title (Regulation 73)

We (a) '" . ....................................................................................

and (b) . hereby request, under regulation 73, that the name of (c) . .. .. .. .. .. .. .. ... .. .. .. carrying on business as (d) .. ........................................ at (e) .

may be entered in the Register of Trade Marks as proprietor of the trade Mark(s) No -* in Class . as from the (f) by virtue of (g) ..

(h) The trade mark at the time of assignment was (h) (not) used in a business in the goods in question, and the assignment (took) (Iz) (did not take) place on or after the commencement of the Act otherwise than in connection with the goodwill of a business in the goods, (h) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy ofeach of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.

DATED this day of 19 .
(i) .
()) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Name and address of Registered Proprietor, or other Assignor or Transmitter.
(b)
Full name, trade address and nationality of transferee.
(c)
Name of Transferee.
(d)
Description of Transferee
(e)
Trade or Business address of Transferee.
(f)
Date of acquisition of proprietorship.
(g)
Full particulars of the instrument of assignment or transmission, if any, or statement of case.
(h)
Strike out any words not applicable (see regulation 78).
(i)
Signature of Assignor or Transmitter.
(j)
Signature of Transferee.

*Additional numbers may be given in a signed Schedule on the back of the Form.

FORM 17

TRADE MARKS ACT (FEE STAMP-ITEM 9 or 9a)

Request to the Registrar to register a subsequent Proprietor oj a Trade Mark or Trade Marks upon the same devolution oj title (Regulation 74)

I, (or We) .

hereby request that my (or our) name may be entered in the Register of Trade Marks as Proprietor . of Trade Mark(s) No "In Class .. as from the (h) .. I am (or we are) entitled to the Trade Mark(s) by virtue of (c) .

The trade mark at the time of assignment was (d) (not) used in a business in the goods in question, and the assignment (d) (took) (did not take) place on or after the commencement of the Act otherwise than in connection with the goodwi11 of a business in the goods (d) and there is sent herewith a copy of the Registrar's directions to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.

DATED this day of '" 19 .

(e) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Note.-The instrument under which the Transferee claims should preferably accompany this Form.

A request for the entry of an address for service of the subsequent proprietor may be made on an unstamped copy of Form 33, if it accompanies this Form.

(a)
Here insert full name, trade or business address, nationality and description.
(h)
Insert date of acquisition of proprietorship.
(c)
Here insert full particulars of the instrument of assignment or transmission. if any, or statement of case.
(d)
Strike out any words not applicable (see regulation 78).
(e)
Signature.

*Additional numbers may be given in a signed Schedule on the back of the Form.

FORM 18

TRADE MARKS ACT

Declaration (only to be furnished when requested by the Registrar) in support ofStatement oj Case accompanying Form 16 or 17 (Regulation 76)

I, .

of . do solemnly and sincerely declare that the particulars set out in the statement of case, exhibit marked , and left by me in connection with my request to be registered as subsequent proprietor of the trade

Mark No in Class , are true and comprise every material fact and document affecting the present proprietorship of tlie Trade Mark.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act (Cap. 333).

(a) .
Declared at in .
this day of 19 .

Before me

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(b) .

(a)
To be signed here by the person making the declaration.
(b)
Signatures and title of Authority before whom the declaration is made.

FORM 19 TRADE MARKS ACT (FEE STAMP-ITEM** 13)

Request for Alteration of Trade or Business Address in Register of Trade Marks (Regulations 82, 86 and 102)

IN THE MATTER OF the Trade Mark(s) No * registered in Class . I, (or We) . of .....................................................................................

being the Registered (a) Proprietor(s)jUser(s) of the Trade Mark(s) numbered as above, request that my (or our) trade address in the Register of Trade Marks be altered to .

DATED this day of 19 .

(b) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Note.-A Registered Proprietor or Registered User whose address has been altered by a public authority, so that the changed address designates the same premises as before, may also make the statement below in order to avoid payment of the stamp fee.

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(For use only in case of an address changed by a public authority, without change of premises)

The change of address, for the entry of which application is made above was ordered by (c) .

onthe dayof 19 ..

(d) .

**NOle.-If the above statement be made and a certificate of the alteration given by the named authority be supplied, the Registrar, if

satisfied as to the facts of the case, will not req uire Form 19 to be stamped. (See Regulation 82). *Additional numbers may be given in a signed Schedule on the back of the Form.

(a)
Strike out one of these words.
(b)
Signature.
(c)
Here insert the name of the public authority ordering the change, and the date thereof.
(d)
Signature of the Registered Proprietor or User, as the case may be.

FORM 20

TRADE MARKS ACT

(FEE STAMP-ITEM Sa)

Application to the Registrar under section 27(2) and Regulation 63 to dissolve the Association between a registered Trade Mark and (an) other registered Trade Markis'; To be accompanied by a Statement of Case

IN THE MATTER OF a Trade Mark No . registered in Class . I, (or We) .

being the Registered Proprietor(s) of the above-numbered Trade Mark, hereby apply that the association of this Trade Mark with the following Trade Mark(s) ,egistered in my (our) name:

No registered in Class .

No registered in Class . may be dissolved and the Register amended accordingly.

The grounds for this application Statement of Case. are set forth in the accompanying
DATED this day of (a) 19 .. .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a) Signature.

FORM 21 TRADE MARKS ACT (FEE STAMP-ITEM 17)

Request for Correction of Clerical Error; or for permission to amend Application (Regulations 86 and 102)

IN THE MATTER OF (a) . I, (or We), being the .

hereby request that .

DATED this ........... day of 19 .
(h) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here insert words and reference number identifying the entry or application.
(b)
Signature.

Page

FORM 22 TRADE MARKS ACT (FEE STAMP-ITEM 10 or lOa)

Request to enter change 0/ Name or Description 0/ Registered Proprietor (or Registered User) 0/ Trade Mark upon the Register (Regulations 86 and 102)

I, (or We), (a) .

hereby request that (b) name(s) and description(s) may be entered in the Register of Trade Marks as proprietor(s)jregistered user(s) of the Trade Mark(s) No ..

..................... *registered in Class . the said Trade Mark

(d) entitled to (c) use the said Trade Mark as registered

{

user(s). actual proprietorship There has been no change in the (c) identity of the registered

{

user(s). of the said trade Mark, but (e) ..

The entry at present standing in the Register gives my (or our) name(s) and description(s) all as follows .

DATED this ........... dayof 19 .
(j') .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here insert the present name, address, and description of Registered Proprietor or Registered User.
(b)
My or our.
(c)
Strike out the words that are not applicable.
(d)
I am or We are.
(e)
Here state the circumstances under which the change of name took

place. (/) Signature.

*Additional numbers may be given on a signed Schedule on the back of the Form.

FORM 23 TRADE MARKS ACT (FEE STAMP-ITEM 15)

Application by Registered Proprietor of Trade Mark for the cancellation of Entry thereof in Register. (Section 40(1)(c) and Regulations 86 and 87)

IN THE MATTER OF Trade Mark No .. Class .

Name of Registered Proprietor .

Trade or business address . .
Description .
Application is hereby made by .
of (q) (or by .
a member of the Firm of ..
of (a) .
on behalf of my said Firm) .

that the entry in the Register of Trade Marks of the Trade Mark No in Class may be cancelled.

DATED this day of 19 .

(h) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

Note.-Regulation 86 requires that an application on Form 23 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that Regulation, unless in exceptional circumstances the Registrar otherwise allows.

(a)
Here insert the trade or business address and description of the applicant(s) or his (their) Firm.
(h)
Signature.

Page

FORM 24 TRADE MARKS ACT (FEE STAMP-ITEM 15)

Application by Registered Proprietor of Trade Mark to the Registrar to strike out Goods from those for which the Trade Mark is registered.

(Section 40(1)(d) and Regulations 86 and 87)

IN THE MATTER OF Trade Mark No . registered in Class . Name of Registered Proprietor .

.........................................................................................

Trade or business address ........................................................

Description . Application is hereby made by .. of (a) (orby . a member of the Firm of . of (a) . on behalf of my said Firm) ..

for the striking out of (b) .
from the goods for which the Trade Mark No. . .
is registered in Class .
DATED this day of (c) 19 . .
To: The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Note.-Regulation 86 requires that an application on Form 24 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that Regulation, unless in exceptional circumstances the Registrar otherwise allows.

(a)
Here insert the trade or business address and description of the applicant(s) or his (their) Firm.
(b)
Here designate the goods to be struck out.
(e)
Signature.

FORM 25 TRADE MARKS ACT (FEE STAMP-ITEM 18)

Request by Registered Proprietor of a Trade Mark that a Disclaimer or Memorandum relating thereto may be registered (Regula/ion 86)

Request is hereby made by (a) . .........................................................................................

of . for the addition to the entry in the Register in connection with Trade Mark No in Class . of the following namely .

.........................................................................................

DATED this ........... day of 19 .
(b) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here insert the name, trade or business address and description of the Registered Proprietor.
(h)
Signature.

FORM 26 TRADE MARKS ACT (FEE STAMP-ITEM 12 or 12a) Application by Registered Proprietor under Section 41 for an

addition to or alteration ofa Registered Trade Mark (Regulation 90)

IN THE MATTER OF Trade Mark No in Class . Application is hereby made by (a) .

of . being the Registered Proprietor(s) of the registered Trade Mark numbered as above, that the Registrar shall add to it or alter it in the following particulars that is to say-{b).

*Four copies of the mark as it will appear when so altered are filed herewith.

DATED this day of 19 .

(c) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here insert name, trade or business address and description.
(h)
Here fill in full particulars.
(c)
Signature.

FORM 27 TRADE MARKS ACT (FEE STAMP-ITEM 16)

Application to (he Registrar for the Rectification of (he Register or the Removal ofa Trade Mark from the Register (Regulation 83)

IN THE MATTER OF the Trade Mark No _ . registered in the name of _ . in Class __ .

I (or We) (a) .. hereby apply that the entry in the Register in respect of the abovementioned Trade Mark may be removed (b) rectified in the following

manner .

The grounds of my (our) application are as follows:

No action concerning the Trade Mark in question is pending in the Court. Address for service in Nigeria in these proceedings:

DATED this ........... dayof , 19 .
(c) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here state full name and address.
(b)
Strike out the word (or words) that is (are) not applicable.
(c)
Signature.

FORM 28 TRADE MARKS ACT (FEE STAMP-ITEM 16a)

Application to the RegistrarforLeave to intervene in Proceedings relating to the Rectification ofthe Register or the Removal of a Trade Mark from the Register (Regulation 85)

IN THE MATTER OF Trade Mark No .

registered in the name of . in Class . I (or We) (a) .. hereby apply for leave to intervene in the proceedings relating to the rectification or removal of the entry in the Register in respect of the above-mentioned Trade Mark. My (our) interest in the Trade Mark is ..

Address for service in Nigeria in these proceedings:

DATED this ........... day of 19 ..

(c) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here state full name and address.
(b)
Signature.

FORM 29 TRADE MARKS ACT (FEE STAMP-ITEM 22)

I.-Request for Search under Regulation 118

The Registrar is hereby requested under Regulation 118 to search in Class* in respect of

(a) .

to ascertain whether any Trade Marks are on record which resemble the

Trade Mark sent herewith in duplicate (each representation being
mounted on a half sheet of foolscap).
DATED this day of 19 .
(h) .
(c) .

*The Registrar's direction should be obtained if the class is not known.

n.-Request for Registrar's Preliminary Advice as to disuncttveness or capability of distinguishing, by a person proposing to apply for the registration of a Trade Mark.

(Section 17 and Regulation 22)

I (or We) (d)

hereby request the Registrar to advise me (or us) whether the Trade Mark referred to above appears to him prima facie to be inherently adapted to distinguish or inherently capable of distinguishing my (or our) goods above-mentioned so as to comply with the requirements of section 9 or section 10 respectively, of the Act for registrability in Part A or Part B of the Register.

DATED this day of 19 .

(e) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

Note.-Request I must be completed. If Request II is also completed, the Form should bear the additional stamp fee in accordance with Item 22.

(a)
Here specify the goods (in the Class stated) in respect of which the search is to be made.
(b)
Signature.
(c)
Address.
(d)
Here state name and address in full.
(e)
Signature.

Page

FORM 30 TRADE MARKS ACT (FEE STAMP-ITEM 23)

Request for Registrar 's Preliminary Advice as to distinctiveness or capability of distinguishing, by a person proposing to apply for the registration of a Trade Mark (Section 17 and Regulation 22)

I (or We) (a) ........................................... ...........................................................................................

hereby request 't'h~' R~'gi~t;~~'t~' ~'d~i~'~ .~~ '(~~' ~~j '~'h~th~~'th~ T~'~d~ 'M~';k shown ~n the accompanying foolscap sheet* appears to him prima facie to be Inherently adapted to distinguish or inherently capable of

distinguishing my (or our) goods so as to comply with the requirements of section 9 or section 10, respectively, of the Act for registrability in Part A or Part B of the Register.

*To be sent in duplicate. The goods in respect of which I (or we) propose to apply for registration of the said Trade Mark are (b) ..

in Class (c) .

DATED this day of 19 ..

(d) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Note.-If and when an application is made to register the trade mark, objection may arise ifidentical or resembling trade marks are found on the Register. A prior notification of any such relevant marks (if any are to be found) can be obtained by a request to the Registrar made on Form 29 (Fee Stamp Item 22).

(a)
Here state name and address in full.
(b)
Here specify the goods. Only goods included in one and the same class should be specified. A separate form of req uest is required for each class.
(c)
Here insert the number of the class (if known). In case of doubt the Registrar's direction may be obtained.
(d)
Signature.

FORM 31 TRADE MARKS ACT (FEE STAMP-ITEM 24 or 24(1)

Request for General Certificate of the Registrar (including Certificate of Registration of a Trade Mark) (Regulation 113)

IN THE MATTER OF* the Trade Mark No . registered in Class * I (or We) . of . hereby request the Registrar to furnish me (us) with (b) his Certificate that

(a) '.

(b) a Certificate of Registration of the Trade Mark (b) for use in obtaining registration abroad.

DATED this day of 19 .

(c) . (cI) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Regulation I 15.-"Where a certificate of registration of a trade mark is desired for use in obtaining registration abroad, the Registrar shall include in the certificate a copy of the mark and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose and, if the applicant fails to do so, may refuse to issue the certificate. The Registrar may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit therefrom reference to any disclaimers appearing in the Register, but in the lastmentioned case the certificate shall be marked: 'For use in obtaining registration abroad only'''.

* * These words may be varied to suit other cases.

(a)
Here insert the particulars which the Registrar is requested to certify.
(b)
Strike out words that are not applicable.
(c)
Signature.
(d)
Address.

Page

FORM 32 TRADE MARKS ACT (FEE STAMP-ITEM Ib)

Application under section 32 a.nd Regulation 39 for Registration of an Invented Word (or Words) lIZ Part of the Register as (J Defensive Trade Iv!ark

One representation to be fixed within this space and four others to be sent on separate Forms 3

Application is hereby made for the Registration in Part* . of the Register of the above word(s) as a Defensive Trade Mark in Class ................. -in respect of (a) .

......................................................................................... .............. .......... ..... .... .... ......... ......... ...' . in the name of (h) . of (c) . trading as (d) .

who is (arc) the proprictorts) of the same Trade Mark registered in Class

1

(e) in respect of . under No . According to my (our) information and belief, the word(s) is (are) invented.

The particulars of the facts on which I (we) rely in support of this application are set forth in the accompanying Statement of Case (I).

DATED this day of 19 ..
(g) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

*Write distinctly here "A" or "B" according to the registration desired.

(a)
Here specify the goods. Only goods included in one and the same class should be specified.
(b)
Here insert legibly the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. Ifthe applicant is a body corporate, the kind and country of incorporation should be stated.
(c)
Here insert the full trade or business address of the applicant.
(d)
Here insert the trading style, if any.
(e)
Here insert particulars of the Applicant's registration of the Trade Mark.
(I)
To be furnished in duplicate.
(g)
Signature.

FORM 33

TRADE MARKS ACT

(FEE STAMP-If left after registration: ITEM 25 or 26. If left at the time of registration: no fee)

Form ofRequest to the Registrar by a Registered Proprietor or a Registered User ofa Trade Mark, or a person about to be so registered, to enter, alter, or substitute an Address for sen'ice as part ofhis Registration (Regulations J5, 82. 86 and 102)

Request is made by (a) .

who is about to be registered as (or) who is the Registered (b) Proprietor (User) of Trade Marks No "registered in Class . for the (c) inclusion, addition, alteration or substitution of an address for service in Nigeria in or to the entry thereof so that the address for service in Nigeria may read:

(d) .

DATED this ........... day of 19 ..

(e) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Note.-A Registered Proprietor or Registered User whose address for service in Nigeria has been changed by a public authority so that the changed address designates the same premises as before may also make the statement for which there is provision at the back of this Form in order to avoid payment of the stamp fee.

Note.-By regulation 15 and 82 an application on form 33 must be signed by the Applicant for registration or the Registered Proprietor or Registered User, as the case may be, or by an Agent expressly authorised for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

(To appear on the back of the Form) (For use only in case of an address for service changed by a public authority, without change of premises.)

The change of address, for the entry of which application is made on the

other side of this Form was ordered by (f) ..

.........................................................................................

.........................................................................................

onthe dayof 19 .

(g) .

Note .-1f the above statement be made and a certificate of the altera tion given by the named authority be supplied, the Registrar, if satisfied as to the facts of the case, will not require Form 33 to be stamped (See Regulation 82).

Note.-A request on Form 33 to enter an initial address for service as part of a registration may be unstamped if it accompanies one of the Forms 10, 16, 17 or47.

Page

(a)
Here insert the full name and trade or business address of the person making the request.
(h)
Cancel words in italics that are not applicable and strike out one of the words "Proprietor" or "User" as the case may be.

"Additional numbers may be given in a signed Schedule on the back of the Form.

(c)
Cancel words that are not applicable.
(d)
State here the precise entry or changed entry desired.
(e)
Signature.

en Here insert the name of the public authority ordering the change and the date thereof.

(g) Signature of the Registered Proprietor or Registered User, as the case may be.

FORM 34 TRADE MARKS ACT Section 43-First Schedule of the Act-Regulation 42

Regulations for governing the use of Certification Trade Mark

No in Class . in respect of (a) .

(For Official Use)
Advertised in Trade Marks Journal No at .
on the day of 19 .
(Date of Application and Registration 19 )
(a) Here specify the goods of the registration.

FORM 35 TRADE MARKS ACT (FEE STAMP-ITEM 19a)

Request for the consent of the appropriate authority to alteration of the deposited Regulations for lise of a Certification Trade A1ark

Section 43-First Schedule of the Act-Regulation 95

Application is hereby made by (a) .

who is (or are) the Proprietor(s) of the Certification Trade Mark(s) No.

(h) * registered in Class *

that the deposited Regulations for governing the use of the Mark may be altered in the manner shown in red in the accompanying copies (d) of the Regulations as proposed to be altered and for the consent of the appropriate authority to such alteration.

DATED this '" dayof '" 19 .

(e) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism, Abuja, Nigeria.

Note.-*Additional numbers and specifications may be given In a signed Schedule on the back of the Form.

(a)
Here state name and address of the proprietor(s) as registered.
(b)
If the same Regulations apply to more than one registration the numbers of all the registrations should be stated.
(c)
Here state the specifications of the respective registrations.
(d)
Three copies should be furnished.
(e)
Signature.

FORM 36 TRADE MARKS ACT (FEE STAMP-ITEM 19) Section 43-First Schedule of the Act-Regulation 94

Application to the Appropriate Authority for an order Striking out or Varying all 'entry in the Register relating to Certification Trade Mark or Varying the deposited Regulations

(To be accompanied by an unstamped copy and a Statement of Case in duplicate).

IN THE MATTER OF Certification Trade Mark No . registered in the name of in Class . I (or We), (a) .

being a person (or persons) concerned, hereby apply for an order of the appropriate authority that:

I. (b) The Entry in the Register in respect of the above-mentioned Trade Mark may be

(c) struck out/varied in the following manner .

2. (b) The deposited Regulations governing the use of the above-mentioned Trade Mark may be varied in the following manner .

The grounds of my (our) application are as follows: . ......................................................................................... ......................................................................................... Address for service in Nigeria in these proceedings:

......................................................................................... .........................................................................................

DATED this day of 19 ..
(d) .
(a) Here state full name and address. (h) Strike out either paragraph that is not applicable. (c) Strike out one of these lines. (d) Signature.

FORM 37 TRADE MARKS ACT (FEE STAMP-ITEM 3c)

Notice to the Appropriate Authority under Sub-paragraph (2) of Paragraph 2 ofthe First Schedule ofthe Act and Regulation 60 ofOpposition to an application for Registration of a Certification Trade Mark

(To be accompanied by two unstamped duplicates)

IN THE MATTER OF an application No by .. ........................ of . I (or We). (a) .

hereby give notice of my (or our) intention to oppose the registration of the Certification Trade Mark advertised under the above number for class ................. in the Trade Marks Journal of the day of .................... 19 No page ..

The grounds of opposition are as follows: (b) ..

Address for service in Nigeria in these proceedings ..

DATED this day of 19 ..

(c) .

(a)
Here state full name and address.
(b)
The grounds should be limited to matters referred to in subparagraph (5) of paragraph 1 of the First Schedule of the Act.
(c)
Signature.

FORM 38 TRADE MARKS ACT

(FEE STAMP-ITEM 3d)

Form of Counter-statement in reply to Notice to the Appropriate Authority under Sub-paragraph (2) of Paragraph 2 of the First Schedule of the Act and Regulation 60 of Opposition to an application for registration of a Certification Trade Mark

(To be accompanied by two unstamped duplicates)

IN THE MATTER OF an Opposition, No to Application for registration of a Certification Trade Mark No . I (or We), (a) .

the applicant(s) for Registration of the above-mentioned CertificateTrade Mark hereby give notice that the following are the grounds on which I (or We) rely as supporting my (our) application:

. I (or We) admit the following allegations in the notice of Opposition:

Address for service in Nigeria in these proceedings .

DATED this day of 19 .

(b) .

(a)
Here insert name and address.
(b)
Signature.

FORM 39 TRADE MARKS ACT (FEE STAMP-ITEM 3e)

Hearing by the appropriate authority of an Opposition under Sub-paragraph (2) of Paragraph 2 of the First Schedule of the Act and Regulation 60, to an Application for registration of a Certification Trade Mark

Notice of Attendance at Hearing

r (or We) (a) . of .

hereby give notice that the Hearing by the appropriate authority of the arguments in the case of Opposition No to Application No . for the registration of a Certification Trade Mark, which by the Notice to

me (or us) dated the day of 19 ..
is fixed for a.m. or pm at (
) on the day of 19 , will

be attended by me (or us) or by some person on my (or our) behalf.

DATED this day of 19 ..

(b)
.
(c)
.
(a)
Here insert name and address.
(b)
Signature.
(c)
Address.

FORM 40

TRADE MARKS ACT (FEE STAMP-ITEM 8) Application to the Registrar under Section 26(4) and Regulation 81 for Directions for the Advertisement of an Assignment of Trade Marks otherwise than in connection with the goodwill of the business

(To be accompanied by an unstamped duplicate)

Application is hereby made by (a) .

of .. -- .

for the Registrar's Directions with respect [Q the advertisement of an assignment to him (them) of the following Trade Marks otherwise than in connection with the goodwill of the business in which they were used at the time of assignment, namely:

(I) Registered Trade Marks: Registration Number Class Goods in respect of which
the Mark has been used and
is assigned.

all of which are or were registered in the name of (b) .. of who is the assignor;

(2) Unregistered Trade Marks (c), all being Marks used in his business at the time of the assignment in respect of the goods stated below, by (b)

who is the assignor:

Representation of Mark Goods in respect of which the mark has been used and is assigned.

The date of assignment was the day of 19 .. The instrument effecting the assignment is sent herewith, together with a copy thereof. It is suggested that advertisement shall be directed as follows, namely in

(d) .

DATED this day of 19 ..

(e) .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism Abuja, Nigeria. '

*Additional Marks and numbers may be given in a signed Schedule on the back of the Form.

(a)
Here insert name and trade or business address of the assignee (applicant).
(b)
Here insert the name and trade or business address of the proprietor (assignor).
(c)
Only those unregistered trade marks passing by the one assignment and used in the same business and for the sale goods as those for which one or more of the registered marks are registered may be stated here.
(d)
State form and manner of advertisement suggested.
(e)
Signature.

FORM 41

TRADE MARKS ACT (FEE STAMP-ITEM Sa) Application for Extension of time in which to apply for the Registrar's Directions for the Advertisement of an Assignment of Trade Marks otherwise than in connection with the goodwill of the business (Section 26(4) and Regulation 81)

Application is hereby made by (a) . of . for extension of time of (b) month(s) in which to apply for the Registrar's Directions for the advertisement of an assignment to him (them) of the following Trade Marks otherwise than in connection with the goodwill of the business in which they were used at the time of assignment, namely:

(I) Registered Trade Marks:

Registration Number Class Goods in respect of which the Mark has been used and

* is assigned. all of which are to be registered in the name of (c) .. of who is the assignor;

(2) Unregistered Trade Marks, all being Marks used in his business at the time of the assignment in respect of the goods stated below, by (c) .............................. of who is the assignor.

Representation of Mark Goods in respect of which the Mark has been used and

is assigned .
DATED this ........... day of 19 ..
(d) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

The date of assignment was the day of 19 .

*Additional Marks and numbers may be given in a signed Schedule on the back of the Form.

(a)
Here insert name and trade or business address of the assignee (applicant).
(b)
Here insert: "one" or "two" or "three".
(c)
Here insert the name and trade or business address of the proprietor (assignor).
(d)
Signature.

FORM 42 TRADE MARKS ACT (FEE STAMP-ITEM 20) Reclassification

Application to the Registrar under Regulation 6 by the Proprietor of a Registered Trade Mark for the Conversion of the Specification front the Third Schedule to the Fourth Schedule

IN THE MATIER OF a Trade Mark No registered in the name

of in Class of the Third Schedule.

Application is hereby made by (a) .. the Registered Proprietor of the above-mentioned Trade Mark, for the conversion of the specification of the above-mentioned registration (b) and the specificationtsi of the Registered User(s) thereunder, from the Third Schedule to the Fourth Schedule of the Trade Marks Regulation 1967.

The specification(s) entered in the Register in accordance with the Third Schedule is (are):

Application is made that the Registrar should propose the following specific~tion(s) in accordance with the Fourth Schedule, upon converSlOn:

Class

Class ............•..............................................................

DATED this day of 19 ..

(c) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

(a)
Here insert name and trade or business address of the registered proprietor (applicant).
(b)
Cancel the words in italics, if there are no registered users.
(c)
Signature.

FORM 43

TRADE MARKS ACT (FEE STAMP-ITEM 21) Reclassifica tion

Notice of Opposition to Proposal for conversion of Specification. (Section 42 and Regulation 7)

(To he accompanied by an unstamped duplicate and a statement in duplicate showing hall: the proposed conversion would be contrary to Section 42(2))

IN THE MATTER OF Trade Mark(s) No .

registered in the name of in Class of

the Third Schedule of the Regulations.

I (or We) (a) ..

hereby give notice of my (or our) intention to oppose the proposal for the

conversion of the specification(s) of the Trade Mark(s) advertised in the

Trade Marks Journal of the day of 19 ..

*No page .

The grounds of opposition are as follows:

My (or Our) address for service in Nigeria in these proceeding is ....

DATED this day of 19 .

(b) .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

"The numbers of more than one trade mark dealt with by the same proposal may be given, provided the specifications are the same.

(a)
Here state full name and address.
(h)
Signature.

FORM 44 TRADE MARKS ACT (FEE STAMP-ITEM 12b) Notice of Opposition to Application under Section 41 for addition to or alteration of a Registered Trade lv/ark. (Regulation 91) (To be accompanied by an unstamped duplicate)

IN THE MATTER OF the Trade Mark No registered in the name of in Class . I (or We) (a) .

hereby give notice of my (or our) intention to oppose the addition to or alteration of the Trade Mark numbered and registered as above, so that it shall be in the form shown in the application advertised in the Trade

Marks Journal of the day of 19 . No page .. The grounds of opposition are as follows:

Address for service in Nigeria in these proceedings:

DATED this day of 19 .

(b) .

To:

The Registrar of Trade Marks, Federal Ministry .of Trade and Tourism, Abuja, Nigeria.

(a)
Here state full name and address.
(b)
Signature.

FORM 45 TRADE MARKS ACT (FEE STAMP-ITEM 14)

Notice of Order of Court for Alteration or Rectification of Register of Trade Marks. (Regulation 121)

IN THE MATTER OF the Trade Mark, No registered in Class in the name ..

Notice is hereby given to the Registrar that, by an Order of the Court made on the day of 19 , it was directed that .

An office Copy of the Order of the Court is enclosed herewith.

DATED this day of 19 ..
*
Tv:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

"To be signed by the person concerned or his agent.

FORM 46 TRADE MARKS ACT (FEE STAMP-ITEM 7)

Request to the Registrar for entry on the Register and advertisement

of a note of a Certificate of Validity by the Court under Section 50
(Regulation 89)
IN rut MATTER OF Trade Mark(s) No.(s) .
registered in Class in the name of .

.........................................................................................

I (or We) (a) .. ......................................................................................... .........................................................................................

hereby request the Registrar to -add to the above-numbered entry(ies) of a Trade Mark in the Register, and to advertise in the Trade Marks Journal, a note that in (b) .

the Court certified that the validity of the said registration(s) came into question and was decided in favour of the proprietor of the Trade Mark in the terms of the accompanying Office Copy of the Certificate of Validity. DATED this day of 19 ..

«(') .

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

(a)
Here state the name and address of the registered proprietor.
(b)
Here state the nature of the proceedings with the names of the parties to them, in which the certificate was given.
(c)
Signature.

FORM 47 TRADE MARKS ACT (FEE STAMP-ITEM 6 or 6a)

Application for Registration of Registered User (To be accompanied by a Statement of Case giving particulars and slating as required by section 34(1) verified by a statutory declaration made by lire Proprietor. or hy some person authorised 10 act 011 his behalf and approved by the Registrar) (Regulation 96)

Application is hereby made by (0) .

who is (or are) the registered proprietorrs) of Trade Mark(s) No.(s) ..... ........... "registered in Class in respect of (h) that (c) . ........................................, of (d) . trading as (z-) .. who hereby join in the application. may be registered as a registered user of the above-numbered registered trade mark(s) in respect of en .

.........................................................................................

subject to the following conditions or restrictions:

(g) .

(h) The proposea perrnuted use IS to end on the ..

day of , 19 The proposed permitted
use is without limit of period.
DATED this day of 19 .
(i) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

"Additional numbers may be given in a signed Schedule on the back of the Form.

(a)
Here insert full name, trade or business address and description of the registered proprietor(s).
(h)
Here insert the specification in the Register.
(c)
Here insert the full name, description and nationality of the individual, firm or body corporate, proposed as registered user. The names of all partners in a firm must be given in full. In the case of a body corporate, brief particulars of the kind and country of incorporation should be stated.
(d)
Here insert the full trade or business address of the proposed registered user.
(e)
Here insert the trading style, if any.

(/) Here insert designation of goods (which must be comprised within the specification).

(g)
Write None if there are no conditions or restrictions.
(h)
Strike out words that are not applicable.
(i)
Signature.

FORM 48 TRADE MARKS ACT (FEE STAMP-ITEM 6b or 6c)

Application by the Registered Proprietor ofa Trade Mark for variation of the registration ofa Registered User thereof with regard to the goods or the conditions or restrictions. (Section 34(5)(a}-Regu/ation 98) (To be accompanied by a Statement of the Grounds for the application and the written consent (if given) of the Registered user)

Application is hereby made by (a) ,. ......................................................................................... .........................................................................................

the proprietor of Trade Markis) No * registered in Class ~ in respect of (b) .

the registration of (c)

as a registered user of the above-numbered trade mark(s) in respect of

(d) .
................................. may be varied in the following manner:
(e) .
DATED this day of 19 ..
(f) .
To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

*Additional numbers may be given in a signed Schedule on the back of the Form.

(a)
Here insert the full name, description and trade or business address of the registered proprietor.
(b)
Here insert the specification in the Register.
(c)
Here insert the full name, description and trade or business address of the registered user.
(d)
Here insert the goods in respect of which the user is registered.
(e)
Here state in terms the manner in which it is requested that the entry should be varied.
(f)
Signature.

FORM 49 TRADE MARKS ACT (FEE STAMP-ITEM Gd or 6e)

Application by the Registered Proprietor or by any ofthe Registered Users ofa Trade Mark for the cancellation ofentry of a Registered User thereof (Section 34(5)(c)-Regularion 99). (To be accompanied by II Statement of the Grounds for the application)

Application is hereby made by (a) .

being (b) the Registered Proprietor (a Registered User) of trade mark(s) No *registered in Class in

respect of (c) .

for the cancellation of the entry under the above-mentioned registration(s) of (d) . ............................................... ") . as a registered user of the trade markts) in respect of (e) ..

The grounds of this application statement. are set forth in the accompanying
DATED this day of (I) 19 .. .

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

*Additional numbers may be given in a signed Schedule on the back of the Form.

(a)
Here insert the full name, description and trade or business address of the applicant or of the applicants.
(h)
Strike out the words that are not applicable.
(c)
Here insert the specification in the register.
(d)
Here insert the full name, description and trade or business address of the registered user whose entry is sought to be cancelled.
(e)
Here insert goods in respect of which that registered user is entered.
(f)
Signature(s).

Page

FORM 50 TRADE MARKS ACT (FEE STAMP-ITEM 6/ or 6g)

Application/or cancellation 0/entry 0/a Registered User 0/a Trade Murk, iSection 34(5)(c)-Regulation 100). (To he accompanied hy a Statement of the Grounds /01' the application)

IN THE MATTER OF Trade Mark(s) No.(s) . registered in Class in the name of (a) .. .........................................................................................

Application is hereby made by (b) .

(whose address for service in Nigeria in these proceedings is . ............................................................. for the cancellation of the entry under the above-mentioned registration(s) of (c) .. .... .. .. .. .... ... . ..... . as a registered user thereof in respect of (d) .

The grounds of this application, particulars of which are given in detail in the accompanying statement of case, are (e).

DATED this day of 19 ..

To:

The Registrar of Trade Marks,

Federal Ministry of Trade and Tourism,

Abuja, Nigeria.

*Additional numbers may be given in a signed Schedule on the back of the Form.

(a)
Here insert the name, trade or business address and description of the registered proprietor as entered in the Register.
(b)
Here insert the name and address of the applicant for cancellation.
(c)
Here insert the name, trade or business address and description of the registered user as entered in the Register.
(d)
Here insert goods in respect of which the registered user is entered.
(e)
Here insert one or more of the sub-paragraphs of section 34(5)(c)

numbered (i), (ii), (iii). (/) Signature.

FORM 51 TRADE MARKS ACT (FEE STAMP--lTEM 6h) No/ice /0 the Registrar under section 34(6) and Regula/ion /Of of in/ell/ion /0 intervene in proceedings for the varia/ion or cancel/a/ion oj an entry of a Registered User of ([ Trade Murk, (To be accompanied by a Statement of the Grounds for intervention)

IN THE MATTER OF a Trade Mark No registered in Class in the name of (a) ..

and IN THE MATTER OF a registration of (b) . ................ thereunder as a Registered User of the Mark. In reply to the Registrar's Notification dated the .. day of 19 notice is hereby given of my intention to intervene. in the proceedings in the above matter. My address for service in Nigeria for the purpose of these proceedings

IS .

DATED this day of 19 ..

To:

The Registrar of Trade Marks, Federal Ministry of Trade and Tourism, Abuja, Nigeria.

(a)
Here insert the name of the registered proprietor.
(b)
Insert here the name and trade or business address of the registered user.
(c)
Signature.

Regulation 5

THIRD SCHEDULE

CLASSIFICATION OF GOODS

Class I-Chemical substances used in manufactures, photography, or philosophical research, and anti-corrosives. Class 2-Chemical substances used for agricultural, horticultural, veterinary and sanitary purposes. Class 3-Chemical substances prepared for use in medicine and pharmacy. Class 4--Raw or partly prepared, vegetable, animal and mineral

substances used in manufactures not included in other classes. Class 5-Unwrought and partly wrought metals used in manufacture. Class 6--Machinery of all kinds, and parts of machinery, except

agricultural and horticultural machines included in Class 7. Class 7-Agricultural and horticultural machinery, and parts of such machinery. Class 8-Philosophical instruments, scientific instruments, and apparatus for useful purposes; instruments and apparatus for teaching. Class 9-Musical instruments.

Class Io--l-forological ihstruments.

Class II-Instruments, apparatus, and contrivances, not medicated, for surgical or curative purposes, or in relation to the health of men or animals.

Class 12-Cutlery and edge tools. Class 13-Metal goods not included in other classes. Class 14--Goods of precious metals (including aluminium nickel,

Britannia metal, etc.) and jewellery, and imitations of such

goods, and jewellery. Class IS-Glass. Class 16--Porcelain and earthenware. Class 17-Manufactures from minerals and other substances for building

or decoration. Class 18-Engineering, architectural and building contrivances. Class 19-Arms, ammunition, and stores not included in Class 20. Class 2D-Explosive substances. Class 21-Naval architectural contrivances and naval equipments not

included in Classes 19 and 20. Class 22-Carriages. Class 23-(a) Cotton yarn and sewing cotton not on spools or reels.

(b) Sewing cotton on spools or reels. Class 24-Cotton piece goods of all kinds. Class 25-Cotton goods not included in Classes 23, 24 and 38. Class 26--Linen and hemp yarn and thread. Class 27-Linen and hemp piece goods. Class 28-Linen and hemp goods not included in Classes 26, 27 and 50. Class 29-Jute yarn and tissues and other articles made of jute not

included in Class 50. Class 3D-Silk, spun thrown or sewing. Class 31-Silk piece goods. Class 32-0ther silk goods not included in Classes 30 and 31. Class 33-Yarns of wool, worsted or hair. Class 34--Clothes and stuffs of wool, worsted or hair. Class 35-\Voollen worsted hair goods, not included in Classes 33 and 34. Class 36--Carpets, floor-cloth and oil-cloth. Class 37-Leather, skins unwrought and wrought, and articles made of

leather not included in other classes.

Class 38-Articles of clothing.

Class 39-Paper (except paper hangings), stationery, and book-binding.

Class 4D-Goods manufactured from India-rubber and gutta-percha not included in other classes. Class41-Furniture and upholstery. Class 42-Substances used as food or as ingredients in food. Class 43-Fermented liquors and spirits. Class 44-Mineral and aerated waters, natural and artificial, including ginger beer.

Class 45-Tobacco, whether manufactured or unmanufactured.

Class 46--Seeds for agricultural and horticultural DurDOS~S.

Class 47-Candles, common soap, detergents; illuminating, heating or lubricating oils; matches; and starch, blue, and other preparation for laundry purposes.

Class 48-Perfumery (including toilet articles, preparations for the teeth and hair and perfumed soap). Class 49-Games of all kinds and sporting articles not included in other classes. Class 50-Miscellaneous

(I)
Goods manufactured from ivory, bone or wood, not included in other classes.
(2)
Goods manufactured from straw or grass, not included in other classes.
(3)
Goods manufactured from animal and vegetable substances not included in other classes.
(4)
Tobacco pipes..
(5)
Umbrellas, walking sticks, brushes and combs for the hair.
(6)
Furniture, cream, plate power.
(7)
Tarpaulins, tents, rick-cloths, rope and twine.
(8)
Buttons of all kinds other than of precious metals or imitations thereof.
(9)
Packing and hose of all kinds.

(10) Goods not included in the foregoing classes.

Page

Regulation 5. FOURTH SCHEDULE

CLASSIFICATION OF GOODS

NAMES OF THE CLASSES

(Parts of on article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classesi

I: Chemical products used in industry, science, photography, agr.lclllt.ur~, horticulture; forestry; ma~ures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.

2..Paints, varnishes, lacquer.s~ preservatives against rust and against

deterioration of wood; colouring matters, dyestuffs; mordants' resins'

metals in foil and powder form for painters and decorators.' ,

  1. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils. cosmetics. hair lotions; dentrifices.
  2. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, nightlights and wicks.
  3. Pharmaceutical, veterinary and sanitary substances; infants' and invalids foods; plasters, materials for bandaging; material for stopping teeth, dental wax; disinfectants; preparations for kilIing weeds and destroying vermin.
  4. Unrought and partly wrought common metals and their alIoys; anchors, anvils, belIs, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric); locksmith's work; metallic pipes and tubes; safes and cash boxes; steel balls; horse shoes; nails and screws; other goods in non-precious metal not included in other classes; ores.
  5. Machines and machine tools; motors (except for vehicles); machine couplings and belting (except for vehicles); large size agricultural implements; incubators.
  6. Hand tools and instruments; cutlery, forks and spoons; side arms.
  7. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing. measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counter-freed apparatus; talking machines; cash registers; calculating machines; fire-extinguishing apparatus.
  8. Surgical. medical, dental and veterinary instruments and apparatus (including artificial limbs, eyes and teeth).

II. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

  1. Vehicles; apparatus for locomotion by land, air, or water.
  2. Firearms; ammunition and projectiles; explosive substances; fireworks.
  3. Precious metals and their alloys and goods in precious metals or coated therewlt~ (except cutlery, forks and spoons); jewellery, precious stones; horological and other chronometric instruments.
  4. Musical instruments (other than talking machines and wireless apparatus).
  5. Paper and paper articles, cardboard and cardboard articles; printed matter, newspapers and periodicals, books; book-binding material; photographs; stationery, adhesive materials (stationery) artists' rna terials; paint brushes, typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printers) types and cliches (stereotype).
  6. Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; materials for packing, stopping or insulating;' asbestos, mica and their products; hose pipes (non-metallic); plastics in the form of sheets, blocks, rods and tubes, being for use in manufacturers.
  7. Leather and imitations of leather, and articles made from these materials, and not included in other classes; skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
  8. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road-making materials; asphalt, pitch and bitumen; portable buildings; stone monuments: chimney pots.
  9. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell amber, mother of pearl, meerschaum, celluloid, and substitute for all these rnateriaIs.
  10. Small domestic utensils and con tainers (not of precious metal, nor coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes; steelwood; glassware, porcelain and earthenware not included in other classes.
  11. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, capoc, feathers, sea weed, etc.); raw, fibrous textile materials.
  12. Yarns, threads.
  13. Tissue (piece goods); bed and table covers; textile articles not included in other classes.
  14. Clothing including boots, shoes and slippers.
  15. Lace and embroidery, ribands and braid; buttons, pressbuttons, hooks and eyes, pins and needles; artificial flowers.
  16. Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile).
  17. Games and playthings; gymnastic and sporting articles (excess clothing); ornaments and decorations for Christmas trees.
  18. Meat, fish poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves, pickles.
  19. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; pepper, vinegar, sauces; spices; ice.
  20. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.
  21. Beers, ale and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages.
  22. Wines, spirits and liquers.
  23. Tobacco, raw or manufactured; smokers' articles; matches.

 

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