November 13, 2025

TRADEMARK INFRINGEMENT IN NIGERIA: WHAT YOU NEED TO KNOW

by Ekosolicitors

A trademark is an important component of intellectual property law and plays a significant role in business identity protection. A trademark serves as an indicator of the origin of goods or services, distinguishes them from other goods and services, and preserves the goodwill of the goods and services. What then is trademark infringement? Keep reading to discover all about it.

Section 67(1) of the Trademarks Act¹, defines a trademark as,

a mark used or proposed to be used in relation to goods for the purpose of indicating, or to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person
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To obtain statutory protection, a mark must be registered with the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment. Registration of the mark confers exclusive rights on the proprietor to use the mark in relation to the goods or services for which it is registered.

By the provisions of Section 5 (1) and (2) of the Act, the owner or person for whom a trademark is registered and entered in the Register of Trade Marks becomes the proprietor of such trademark and same is given or vested with the exclusive right to use the trademark in relation to the goods for which it has been registered, as well as the right of protection of the mark from unauthorised use and infringement by other persons in relation to such goods.

WHAT IS TRADEMARK INFRINGEMENT

Trademark infringement occurs when a person, without authorisation, uses a mark identical to a registered trademark in a way that is likely to confuse consumers. This is usually in relation to goods or services for which the mark is registered. In the case of Ferodo Ltd v. Ibeto Industries Ltd ², the Supreme Court emphasised that infringement entails the unauthorised use of a mark that is identical or deceptively like a registered one, creating a likelihood of confusion or deception in the minds of consumers.

TYPES OF TRADEMARK INFRINGEMENT

Direct infringement: Use of an identical or substantially similar mark on identical goods.
Indirect infringement: Use of a mark that, while not identical, is deceptively similar and likely to cause confusion.
Passing off: A common law action protecting unregistered marks where the defendant misrepresents their goods or services as those of the claimant, thereby causing damage to goodwill.

REQUIREMENT FOR TRADEMARK REGISTRATION

Section 9 provides:

In order for a trade mark (other than a certification trade mark) to be registrable in Part A of the register, it must contain or consist of at least one of the following essential particulars

the name of a company, individual, or firm, represented in a special or particular manner;
the signature of the applicant for registration or some predecessor in his business;
an invented word or invented words;
a word or words having no direct reference to the character or quality of the goods, and not being, according to its ordinary signification, a geographical name or a surname;
any other distinctive mark

ENFORCEMENT OF TRADEMARK RIGHTS

The enforcement of trademark rights in Nigeria can be pursued through civil and criminal proceedings, depending on the nature of the trademark infringement.

Civil Enforcement
The Federal High Court has exclusive jurisdiction over trademark and other intellectual property disputes under Section 251(1)(f) of the 1999 Constitution (as amended). The proprietor or an authorised licensee can institute an action for infringement seeking remedies. Some of the remedies include injunctions, damages, account of profits, and delivery up or destruction of infringing goods.
In passing off actions, the claimant must establish goodwill, misrepresentation, and damage as laid out in Erven Warnink BV v. J. Townend & Sons Ltd³.
Criminal Enforcement
Criminal sanctions are available under the Merchandise Marks Act, which prohibits the fraudulent application of trade descriptions and the sale of goods bearing false trademarks. Section 3 of the Act criminalises counterfeiting of registered marks. It also provides penalties, including fines and imprisonment. Agencies such as the Standards Organisation of Nigeria (SON), National Agency for Food and Drug Administration and Control (NAFDAC), and the Nigeria Customs Service (NCS) play vital roles in combating counterfeit goods and protecting consumers.

CHALLENGES AND RECOMMENDATIONS TO COMBAT TRADEMARK INFRINGEMENT

While the legal framework is comprehensive, the enforcement of trademark rights in Nigeria faces several challenges, including:

Judicial delay
Low Public Awareness
Weak coordination among enforcement agencies
Limited technological tools for monitoring online infringement and counterfeit products

To strengthen trademark enforcement in Nigeria, the following measures are recommended:

Judicial and procedural reform to ensure expedited handling of IP-related cases.
Public awareness campaigns to educate business owners about registration and enforcement procedures.
Capacity building for enforcement agencies to improve technical expertise and inter-agency cooperation.
Digital monitoring tools to track online infringement and counterfeit activities.

WRAPPING UP: TRADEMARK INFRINGEMENT IN NIGERIA

Every mark that is not registered cannot enjoy protection, and such a mark is open to the public for use. Although registered trademarks are protected, there are still some challenges faced in the enforcement of trademark rights. Nevertheless, it is still advisable to register a mark as its proprietor to enjoy exclusive rights.

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