Section 62 Trade Marks Act 1967

Section 62 of the Trade Marks Act 1967 is about Restraint of use of Arms of Nigeria or of a State, etc. It is under ‘Offences, and restraint of Use of Arms of Nigeria, etc.’ of the Act. It provides as follows:

(1) If in connection with any trade, business, calling or profession any person, without the authorisation of the appropriate authority-

(a) uses the Arms of Nigeria or the Arms of a State (or arms so closely resembling
the same as to be calculated to deceive) in any manner calculated to lead to the
belief that he is duly authorised to use the Arms of Nigeria or the Arms of that
State, as the case may be; or

(b) uses any device, emblem or title in any manner calculated to lead to the belief
that he is employed by or supplies goods to the President or the Governor of a
State in his official capacity as such, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding forty naira.

(2) Nothing in the foregoing subsection shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem or title as aforesaid to continue to use that trade mark.

(3) In this section, “the appropriate authority”-
(a) in relation to the Arms of Nigeria and to employment by or the supply of goods to the President, means the President; and
(b) in relation to the Arms of a State and to employment by or the supply of goods to the Governor of a State, means the Governor of that State.

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