THE NEED FOR TRADEMARK REGISTRATION

THE NEED FOR TRADEMARK REGISTRATION

The CEO of a Software Development Company had a legal consultation session with us at Apex Chambers.

“Barrister, my business is in trouble!”

I thought maybe a client sued him or someone stole his trade secret.

He had fear written on his face.

“Lawyer, a big company just served me!” he said, dropping a letter on my desk.

It was a Cease and Desist letter from a multinational tech brand.

“Wait, your company name is same as theirs?” I asked.

“Yes, but I registered it with CAC,” he replied. “So it is legally mine.”

I smiled.

“My brother, CAC registration only means the Government recognizes your business. It does not give you ownership of that name as trademark.”

“Ehn? But I have printed the name on my branding items, signboard, everything!”

“Unfortunately, a CAC certificate protects your business existence, not your brand identity. Only trademark registration gives you exclusive right to that name.”

He looked like she was about to shed tears.

“So what will happen now?”

“Well,” I said, “stop using the name or risk paying millions in damages. The other brand already owns it and they have registered the trademark in Nigeria.”

He went very quiet.

“So all my branding, advertising, packaging, everything is gone?”

I nodded slowly.
“That is why I always say your business name is beautiful, until someone sues you for trademark infringement.”

Before you fall in love with that sweet business name, make sure no one else legally owns it.

__________________
APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate/Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com