Trade Marks Act 1967

An Act to repeal the Trade Marks Act and make new provisions with respect to
trade marks in place thereof and for connected purposes.

[Commencement.] [1st June, 1967]

Sections

Section 1 Trade Marks Act – The Registrar of Trade Marks.

Section 2 Trade Marks Act – The register.

Section 3 Trade Marks Act – Effect of non-registration.

Section 4 Trade Marks Act – Registration to be in respect of particular goods.

Section 5 Trade Marks Act – Right given by registration in Part A.

Section 6 Trade Marks Act – Right given by registration in Part B.

Section 7 Trade Marks Act – Saving for vested rights.

Section 8 Trade Marks Act – Saving for use of name, address or description of goods.

Section 9 Trade Marks Act – Distinctiveness needed for registration in Part A.

Section 10 Trade Marks Act – Capability of distinguishing trade mark needed for registration in Part B.

Section 11 Trade Marks Act – Deceptive or scandalous matter not registrable.

Section 12 Trade Marks Act – Names of chemical substances not to be registered.

Section 13 Trade Marks Act – Identical and resembling trade marks not be registered.

Section 14 Trade Marks Act – Part A registration conclusively valid after seven years.

Section 15 Trade Marks Act – Disclaimer for purposes of registration.

Section 16 Trade Marks Act – Registration with or without limitation as to colour.

Section 17 Trade Marks Act – Preliminary advice on distinctiveness.

Section 18 Trade Marks Act – Application for registration.

Section 19 Trade Marks Act – Publication of notice of application

Section 20 Trade Marks Act – Opposition to registration.

Section 21 Trade Marks Act – Appeal from Registrar’s decision on opposed application.

Section 22 Trade Marks Act – Registration.

Section 23 Trade Marks Act – Duration and renewal of registration.

Section 24 Trade Marks Act – Separate registration of part of trade mark

Section 25 Trade Marks Act – Registration of resembling trade marks as a series.

Section 26 Trade Marks Act – Assignability of trade marks.

Section 27 Trade Marks Act – Power of Registrar to require, or dissolve, association of trade marks.

Section 28 Trade Marks Act – Effect of association of trade marks.

Section 29 Trade Marks Act – Registered proprietor’s power to assign

Section 30 Trade Marks Act – Registration of assignments, etc.

Section 31 Trade Marks Act – Removal from register on ground of non-use.

Section 32 Trade Marks Act – Defensive registration of well-known invented words.

Section 33 Trade Marks Act – Registered users.

Section 34 Trade Marks Act – Provisions supplementary to section 33.

Section 35 Trade Marks Act – Registration with a view to assignment to company about to be formed, etc.

Section 36 Trade Marks Act – Use of one trade mark equivalent to use of another in certain cases.

Section 37 Trade Marks Act – Use of trade mark in relation to goods for export.

Section 38 Trade Marks Act – General power to rectify register.

Section 39 Trade Marks Act – Power to strike out or vary registration for breach of condition.

Section 40 Trade Marks Act – Correction of register.

Section 41 Trade Marks Act – Alteration of registered trade mark.

Section 42 Trade Marks Act – Adaptation of register to revised classification of goods.

Section 43 Trade Marks Act – Certification trade marks.

Section 44 Trade Marks Act – International arrangements.

Section 45 Trade Marks Act – Power to make regulations.

Section 46 Trade Marks Act – Duty of Registrar, if required, to hear certain persons.

Section 47 Trade Marks Act – Power of Registrar to award costs.

Section 48 Trade Marks Act – Annual reports of Registrar.

Section 49 Trade Marks Act – Registration to be prima facie evidence of validity.

Section 50 Trade Marks Act – Certiticate of validity.

Section 51 Trade Marks Act – Costs of Registrar, etc.

Section 52 Trade Marks Act – Trade usage, etc.. to be considered.

Section 53 Trade Marks Act – Registrar’s appearance in proceedings involving rectification.

Section 54 Trade Marks Act – Court’s power to review Registrar’s decisions.

Section 55 Trade Marks Act – Powers of court on appeal.

Section 56 Trade Marks Act – Procedure in cases of option to apply to court or Registrar.

Section 57 Trade Marks Act – Method of giving evidence, etc.

Section 58 Trade Marks Act – Evidence of entries in register.

Section 59 Trade Marks Act – Evidence of things done by Registrar.

Section 60 Trade Marks Act – Falsification of register.

Section 61 Trade Marks Act – Falsely representing trade mark as registered.

Section 62 Trade Marks Act – Restraint of use of Arms of Nigeria or of a State, etc.

Section 63 Trade Marks Act – The Trade Marks Journal.

Section 64 Trade Marks Act – Joint proprietorship of trade mark.

Section 65 Trade Marks Act – Trusts and equities.

Section 66 Trade Marks Act – Recognition of agents.

Section 67 Trade Marks Act – Interpretation.

Section 68 Trade Marks Act – Transitional provisions, repeal and savings.

Section 69 Trade Marks Act – Short title.