A business that has traded under a name or mark for a decade often assumes that history alone gives it ownership. Under Nigeria’s Trade Marks Act, it does not. Registration — not use — is what gives a brand owner a clean, enforceable statutory right against infringers, and an unregistered mark leaves the owner to the slower, harder terrain of a passing-off action.
Passing off is a real remedy — and a hard one
An unregistered mark is not unprotected, but a passing-off claim requires proving goodwill, misrepresentation and damage — a significantly higher evidentiary bar than the registration certificate a registered owner simply produces in court.
Ten years of trading builds a reputation. A single registration certificate builds a right. The two are not the same thing, and only one of them is quick to enforce.
First to file, not first to use
Nigeria’s trademark system is a first-to-file jurisdiction in practice — a competitor who registers a similar mark first, even with a shorter trading history, can create a genuine dispute over priority that a longer but unregistered use does not automatically resolve.
The cheap insurance most businesses skip
Registration is inexpensive relative to the cost of a passing-off suit, and it is the single highest-leverage action a growing Nigerian brand can take early — well before the mark becomes valuable enough to attract a determined infringer.
This note is general commentary on Nigerian legal practice and does not constitute legal advice or create a lawyer–client relationship. Outcomes depend on the specific facts and the applicable law at the time. For advice on a particular matter, speak with the firm.
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