A) PROHIBITED NAMES: Names that are identical or closely similar to names already registered or reserved. Names that are capable of misleading as to nature or extent of the activities of the company. Names that are undesirable, offensive or otherwise contrary to public policy.
Marks which are deceptive or scandalous, generic and descriptive, geographical names in their ordinary signification or chemical substances cannot be registered as trademarks. Nigeria is a first-to-file jurisdiction, therefore, for a mark to enjoy statutory protection in Nigeria, it must be registered in Nigeria.
Generic terms and phrases cannot be trademarked because they are never recognized as a brand. Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.
One major way to conduct a trademark search is through the online portal of Trademarks, Patents, and Designs Registry, also known as the Intellectual Property Office. However, before one can conduct searches, he or she must be an accredited user.