- TRADE MARKS REGULATIONS
- ARRANGEMENT OF REGULATIONS
- Interpretation
- Fees
- Forms
- Classification of Goods
- Reclassification of Goods of Old Registrations
- Documents
- Address
- Agents
- Registrable Trade Marks and Preliminary Advice (Section 17)
- Application for Registration of a Trade Mark Specification
- Procedure on Receipt of Application forRegistration of a Trade Mark
- Defensive Trade Marks
- Certification Trade Marks
- Advertisement of Application
- Opposition to Registration
- Non-Completion
- Entry ill the Register, and Associated Marks
- Renewal
- Assignments and Transmissions
- Alteration of Address
- Applications to the Registrar for Rectification (Sections 31, 32, 38 and 39)
- 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))
- Application to alter Registered Trade Marks
- Appropriate authority's Order for rectification ofCertification Trade Mark Entries and Regulations
- Alteration of Certification Trade Mark Regulations
- Registered Users
- Extension of Time
- Discretionary Power
- Power to dispense with Evidence
- Amendments
- Certificates
- Declarations
- Search
- Days and Hours of Business
- Applications to and Orders of the Court
- FIRST SCHEDULE—Regulation 3—FEES
- SECOND SCHEDULE—LIST OF FORMS
- FORM 1
- FORM 2
- FORM 3
- FORM 4
- FORM 5
- FORM 6
- FORM 7
- FORM 8
- FORM 9
- FORM 10
- FORM 11
- FORM 12
- FORM 13
- FORM 14
- FORM 15
- FORM 16
- FORM 17
- FORM 18
- FORM 19
- FORM 20
- FORM 21
- FORM 22
- FORM 23
- FORM 24
- FORM 25
- FORM 26
- FORM 27
- FORM 28
- FORM 29
- FORM 30
- FORM 31
- FORM 32
- FORM 33
- FORM 34
- FORM 35
- FORM 36
- FORM 37
- FORM 38
- FORM 39
- FORM 40
- FORM 41
- FORM 42
- FORM 43
- FORM 44
- FORM 45
- FORM 46
- FORM 47
- FORM 48
- FORM 49
- FORM 50
- FORM 51
- THIRD SCHEDULE—CLASSIFICATION OF GOODS
- FOURTH SCHEDULECLASSIFICATION OF GOODSNAMES OF THE CLASSES
TRADE MARKS REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
. I. Short title. - Interpretation.
- Fees.
- Forms.
Classification of Goods
5. Classification of goods.
Reclassification of Goods of Old Registration - Application by registered proprietors for conversion of specification.
- Advertisement of proposal and opposition.
- Conversion of specifications and resulting registrations.
Documents - Size, etc., of documents.
- Signature of documents by partnerships. 1I. Signature of documents by companies.
- Signature of documen ts by associations.
- Service of documents.
Address - Address.
- Address for service.
Agents
16. Agents. Registrable Trade Marks and Preliminary Advice (Section 17) - Registrable trade marks.
- Arms of Nigeria, etc.
- Arms of a city, etc.
- 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 - Form of application and specification.
- Address for applications.
- Representation of mark.
- Additional forms and representations.
- Representations to be durable.
- Separate applications.
- Representations to be satisfactory.
- Specimens of trade marks in exceptional cases.
- Series of trade marks.
- Transliteration and translation.
Procedure on Receipt of Application for Registration oj a Trade Mark - Search.
- Acceptance, absolute or conditional; objection.
- Registrar's objections and hearing.
- Registrar's conditions, etc. and hearing.
- Decision of Registrar.
- Disclaimer.
Defensive Trade Marks
39. Application under section 32.
Certification Trade Marks - Application under section 43.
- Authorisation to proceed.
- Case; draft regulations. .
- Directions by the appropriate authonty.
Advertisement oj Application - Advertisement of application.
- Wood block or electro-type printing.
- Advertisement of series.
- Ad vertisement under section 21 or section 41.
Opposition to Registration - Opposition.
- Notice of opposition.
- Counter-statement.
- Evidence in support of opposition.
- Evidence in support of application.
- Evidence in reply by opponent.
- Further evidence.
- Exhibits.
- Hearing.
- Extension of time in opposition proceedings.
- Security for costs.
- Costs in uncontested cases.
- 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 - Entry in register.
- Associated marks.
- Death of applicant before registration.
- Certificate of registration.
Renewal - Renewal of registration.
- Notice before removal of trade mark from register.
- Second notice.
- Advertisement of non-payment.
- Removal of trade mark from register.
- Record of removal of mark.
- Notice and advertisement of renewal and restoration.
Assignment and Transmissions - Joint application for entry of assignment or transmission.
- Application for entry of assignment or transmission by subsequent proprietor.
- Particulars to be stated in application.
- Case accompanying application.
- Proof of title.
- Application for entry of assignment without goodwill.
- Entry in the register.
- 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) - Application to rectify, or remove trade mark from, the register.
- Further procedure.
- 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)) - Application under section 40(1).
- Evidence.
- Advertisement of certain applications.
- Certificates of validity to be noted.
ARRANGEMENT OF REGULATIONs-continued
Application to alter Registered Trade M arks - Alteration of registered mark.
- Advertisement before decision.
- Decision, advertisement and notification.
- 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 - Application for entry of registered user.
- Entry and notification.
- Registered proprietor's application to vary entry.
- Application by registered proprietor or user to cancel entry.
- Application under section 34(5)(c) to cancel entry.
- Notification and hearing.
- Registered user's application under section 40(2).
- Cancellation by Registrar.
Extension of Time - Extension of time.
- Excluded days.
Discretionary POII'er - Hearing.
- Application for hearing.
- Notice of hearing.
- Hearing to be in public.
- Notice of decision.
Power to dispense with Evidence
111. Dispensing with evidence.
Amendments
112. Amendment of documents.
Certificates - Certificates by Registrar.
- Marks registered without limitation of colour.
- Certificate for use in obtaining registration abroad.
Declarations - Manner in which, and person before whom, declaration is to be taken.
- 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
REGULATION
. I. Short title. Classification of Goods
5. Classification of goods.
Reclassification of Goods of Old Registration Documents Address Agents
16. Agents. Registrable Trade Marks and Preliminary Advice (Section 17) 22. Preliminary advice as to distinctiveness.
ARRANGEMENT OF REGULATIONs-continued
Application for Registration oja Trade Mark Specification Procedure on Receipt of Application for Registration oj a Trade Mark Defensive Trade Marks
39. Application under section 32.
Certification Trade Marks Advertisement oj Application Opposition to Registration ARRANGEMENT OF REGULATIONS-continued
Non-Completion
61. Non-completion within twelve months.
Entry in the Register, and Associated Marks Renewal Assignment and Transmissions 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) 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)) ARRANGEMENT OF REGULATIONs-continued
Application to alter Registered Trade M arks 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 Extension of Time Discretionary POII'er Power to dispense with Evidence
111. Dispensing with evidence.
Amendments
112. Amendment of documents.
Certificates Declarations 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
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.