An Assessment of Trademark Protection and Enforcement Challenges for Nigerian Businesses

Trademark registration and enforcement are central to brand protection in Nigerian commerce, yet small and medium-sized businesses frequently encounter significant challenges in registering marks at the Trademarks Registry and enforcing their rights against infringers in courts and at border checkpoints. This study assesses trademark protection under the Trademarks Act 1965 and the proposed Trademark, Patents and Designs Act reform, focusing on practical enforcement experiences of SMEs in Lagos, Abuja, and Onitsha. A mixed-methods approach combining doctrinal analysis with interviews of 40 business owners, 10 trademark attorneys, and 5 Nigeria Customs Service officers was adopted. Results indicate that trademark registration processes are slow, with average registration periods exceeding three years. Counterfeit seizures at ports are inadequate due to limited resources and corruption. Court enforcement through injunctive relief is costly and impractical for SMEs. Online platform accountability for trademark-infringing listings is legally unclear. The study concludes that the current trademark framework does not adequately serve the practical needs of Nigerian businesses, particularly SMEs. Recommendations include digitisation of the Trademarks Registry, streamlined opposition procedures, dedicated commercial IP courts, and mandatory take-down procedures for online trademark infringement.

Keywords: trademark protection, trademark enforcement, intellectual property, SMEs, Nigerian Trademarks Act