Section 61 Trade Marks Act 1967

Section 61 of the Trade Marks Act 1967 is about Falsely representing trade mark as registered. It is under ‘Offences, and restraint of Use of Arms of Nigeria, etc.’ of the Act. It provides as follows:

(1) Any person who makes a representation-
(a) with respect to a mark not being a registered trade mark, to the effect that it is
a registered trade mark; or

(b) with respect to a part of a registered trade mark not being a part separately
registered as a trade mark, to the effect that it is so registered; or
(c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not registered; or

(d) to the effect that the registration of a trade mark gives an exclusive right to the
use thereof in any circumstance in which, having regard to limitations entered
on the register, the registration does not give that right,
shall be liable on summary conviction to a tine not exceeding two hundred naira.

(2) For the purposes of this section, the use in Nigeria in relation to a trade mark of the word “registered”, or of any other word referring, whether expressly or by implication, to registration, shall be taken to import a reference to registration in the register, except-

(a) where that word is used in physical association with other words delineated in
characters at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a
country other than Nigeria, being a country under the law of which the registration referred to is in fact in force; or

(b) where that word (being a word other than the word “registered”) is of itself
such as to indicate that the reference is to such registration as last aforesaid; or

(c) where that word is used in relation to a mark registered as a trade mark under
the law of a country other than Nigeria and in relation to goods to be exported
to that country.

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