ARRANGEMENT OF REGULATIONS
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
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.
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.
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
18. The following features may not appear on trade marks the registration of which is applied for
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:
. 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.
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.
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.
(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.
(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.
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
(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.
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.
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.
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.
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.
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
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.
Assignments and Transmissions
(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.
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.
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.
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.
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.
(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
(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.
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.
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
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
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
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
'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
to agreement
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
Form
II. Certificate of registration of a trade mark
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
2g. Application for leave to intervene in proceedings
Form
relating to the rectification of, or removal of a trade mark from, the register
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
20
14
SECOND SCHEDULE-continued
Form Corresponding Fee
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.
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.
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).
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.
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.
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:
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.
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.
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.
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.
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.
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.
*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.
*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) .
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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
"Additional numbers may be given in a signed Schedule on the back of the Form.
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.
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) .
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) .
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 ..
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.
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.
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.
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.
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.
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.
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.
(/) Here insert designation of goods (which must be comprised within the specification).
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.
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.
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.
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.
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
(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 artifician( � 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.' ,
II. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.