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Trademarks And Patent Law Newsletter July09 (2)

Trademarks And Patent Law Newsletter July09 (2)

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Published by Blackfriars LLP

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Published by: Blackfriars LLP on Mar 27, 2011
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03/27/2011

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©Blackfriars LLP 2010. All rights reserved. This document is for general guidance only. Definitive advice should besought from counsel if required. Blackfriars LLP, The Penthouse Floor, Itiku House, 28-30 Macarthy Street, Lagos. Tel:+234 1 739 0397; +234 1 736 9797; +234 1 736 9795; Fax: +1 646 536 8978.http: www.blackfriars-law.com Email: info@blackfriars-law.com
PROPOSED INDUSTRIAL PROPERTYCOMMISSION BILL REDUCESDURATION OF TRADEMARKS FROM14 YEARS TO 7 YEARS
July 2009 Vol. 7: Issue 7
The Industrial Property Commission billhas significantly reduced the durationrequired for trademark renewal.By section 23 of the Trademarks Act, CAPT13 Laws of the Federation of Nigeria, theregistration of a trademark shall be for aperiod of seven years in the first instance.However the registration may be renewedfrom time to time. Upon application by aproprietor, the registrar may renew theregistration of the trademark for a furtherperiod of fourteen (14) years from the dateof the expiration of the original registrationor of the last renewal of registration.However, the Industrial Property bill insection 51 provides that the registrar shallon application made by the proprietor of atrademark in the prescribed manner andwithin the prescribed period, renew theregistration of the trademark for a period ofseven (7) years from the date of expirationof the original registration or of the lastrenewal of registration.The procedure under the bill is for theRegistrar to send notice to the proprietor ata prescribed time before the expiration ofthe last registration of a trademark, thenotice shall also state the conditions as topayment of fees and otherwise upon whicha renewal of registration may be obtained.Where the conditions are not complied withbefore the expiration of the prescribed time,the registrar may remove the trademarkfrom the register and also state theconditions for its restoration.A trademark removed from the register fornonpayment of the renewal fee shall for thepurposes of any application for theregistration of a trademark, be deemed to bea trademark that is already on the register.In practice, trademarks due for renewal butwhich are not renewed are hardly removedfrom the trademark register. Apparently,this is a result of the registrar’s failure tosend the notice require under thetrademarks Act. The practice is that theregistrar would renew the trademark oncethe payment for late renewal as well aspayment for the present renewal is made.
For further inquiries, please contact:Ms. Chinwe Uwakwe
Phone: +234 1 739 0397Email: chinwe@blackfriars-law.comFax: +1 646 536 8978
Prof. Ikechi Mgbeoji
Tel: +234 1 739 0397Email: obiora@blackfriars-law.comFax: +1 646 536 8978

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