Nigeria - Trademarks: (1) No service marks; (2) No 'Convention' applications

Foreign trademark owners continue to instruct their agents in Nigeria to file service mark applications and 'Paris Convention' applications even though such applications are not presently available. It is therefore necessary to remind such trademark owners that Nigerian law does not presently provide for the registration of service marks. Only trademarks falling within International classes 1 to 34 are provided for.

Although Nigerian law, since 1965, has contained a provision for the making of 'Paris Convention' applications, the necessary ministerial declaration which would indicate the countries that were to be recognised in Nigeria as 'Convention' countries has never been made. Consequently the Trademarks Registry has not been accepting 'Convention' applications. Recently, however, a number of applications claiming 'Convention' priority were advertised in the official Trademarks Journal. [See issues dated 30th October 1995 and 8th April 1996.] It is not clear, however, whether these applications are entitled to 'Convention' priority. The point has never been tested in court.