Introduction
In a significant step toward modernising its intellectual property (IP) regime, Nigeria’s Senate initiated the legislative process for the Trademarks (Repeal and Enactment) Bill, 2025, with its first reading on 11 November 2025. Sponsored by Senator Asuquo Ekpenyong of Cross River South, the Bill seeks to repeal and replace the Trademarks Act of 1965 (Cap. T13, Laws of the Federation of Nigeria 2004), a statute widely regarded as misaligned with contemporary commercial practices and technological developments. The proposed legislation introduces comprehensive reforms intended to bring Nigeria’s trademark framework into closer alignment with international standards, notably the Paris Convention for the Protection of Industrial Property and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Beyond formal updates, the Bill addresses longstanding deficiencies in administration, enforcement mechanisms, and technological integration, laying the groundwork for a more resilient and business-enabling IP ecosystem.
The push for reform reflects Nigeria’s rapidly evolving economic and industrial landscape. As Africa’s largest economy, with expanding digital, creative, and manufacturing sectors and deepening participation in global trade, Nigeria faces increasing pressure to provide effective and predictable trademark protection. While the 1965 Act served as a foundational instrument, it offers limited guidance on modern trademark issues such as digital branding, protection of well-known marks, and online infringement, resulting in regulatory gaps and enforcement challenges. The proposed Bill responds to these limitations, signalling Nigeria’s intent to strengthen brand protection, enhance investor confidence, and support innovation-driven growth across key sectors, including entertainment, e-commerce, and industrial production.
Commentators and IP practitioners view the Bill as part of a broader national effort to recalibrate Nigeria’s IP framework, consistent with the objectives of the National Intellectual Property Policy and Strategy 2025. That policy advocates coordinated reforms across trademarks, patents, and industrial designs to stimulate creativity, competitiveness, and economic development. If enacted, the Bill could represent a pivotal shift, with the potential to streamline registry operations, reduce administrative backlogs, and improve transparency—issues that have historically constrained the effectiveness of Nigeria’s trademark system. The sections that follow examine the Bill’s principal innovations and assess their implications for Nigeria’s participation in the African Continental Free Trade Area (AfCFTA) and its integration into global value and trade networks.
Expanding the Horizon: Modernized Definitions and Broader Protection Scope
One of the bill’s cornerstone innovations lies in its updated definitions, which broaden the umbrella of protectable trademarks to encompass a wider array of modern identifiers. Under Section 2, the term “sign” now includes elements like colors, shapes, positions, motions, sounds, holograms, and even packaging configurations—features that were absent in the previous legislation. This expansion acknowledges the evolution of branding in a digital age, where non-traditional marks, such as auditory jingles or dynamic logos, play pivotal roles in consumer recognition.
For the first time, the bill codifies concepts like “well-known marks,” “domain names,” “electronic register,” “bad faith,” and “controller.” These definitions provide clarity and legal certainty, reducing ambiguities that often led to disputes under the old regime. For instance, a well-known mark is defined as one recognized by a significant portion of the Nigerian public, irrespective of registration status, extending protections to foreign brands with substantial reputation.
This modernization aligns Nigeria with international benchmarks, as seen in similar provisions in the European Union’s trademark directive and the U.S. Lanham Act. By incorporating these, the bill not only strengthens domestic IP rights but also makes Nigeria more appealing to multinational corporations seeking consistent protection across borders.
Digitization at the Core: Electronic Register and Streamlined Processes
A pivotal shift toward technology-driven administration is evident in Sections 82 and 83, which establish an Electronic Register for trademarks. This digital repository allows for electronic maintenance of records, filings, and transactions, marking a departure from the paper-heavy system that plagued the old act with delays and errors.
Key aspects include electronic record-keeping, where digital entries hold the same legal weight as physical ones; e-filing for applications, renewals, assignments, licenses, and security interests; and public online access for inspections, prints, and certified copies. This facilitates transparency, enabling stakeholders to verify trademark status remotely, which could drastically cut processing times from months to weeks.
The implications are profound for efficiency. In a country where bureaucratic hurdles often deter investment, this digitization supports e-commerce growth and aligns with global trends, such as those in Singapore’s IPOS Go platform. Moreover, it empowers the Controller (replacing the Registrar) with tools for better oversight, reducing fraud and enhancing data security.
Fortifying Barriers: Enhanced Grounds for Refusal
The bill significantly bolsters the criteria for rejecting trademark applications, dividing them into absolute and relative grounds under Sections 7 and 8. Absolute grounds now explicitly bar non-distinctive, descriptive, generic, or customary signs, as well as those conflicting with public policy, morality, or existing laws—expanding beyond the old act’s limited focus.
Relative grounds introduce protections against confusion with earlier marks, even for similar goods or services, and extend safeguards to well-known marks across categories to prevent dilution or unfair exploitation. Bad faith filings are also targeted, with considerations for consent from prior owners and recent expirations.
This framework mirrors TRIPS requirements, promoting fair competition and preventing “trademark squatting,” a common issue in emerging markets. Analysts note that these changes will likely reduce invalid registrations, fostering a cleaner marketplace.[1]
Safeguarding Icons: Robust Protections for Well-Known and Foreign Marks
Section 2 and related provisions offer unprecedented shields for well-known trademarks, including unregistered ones owned by foreigners without local presence, in line with Paris Convention obligations. Recognition factors include public awareness, usage duration, promotion extent, and enforcement history, deeming sector-specific knowledge as nationwide if substantial.
Protections extend against misuse, dilution, or unfair advantage, even for dissimilar products, and cover state emblems. This is crucial for global brands like Coca-Cola or Nike, encouraging their entry into Nigeria without fear of local imitators.
Streamlining Ownership: Improved Registration and Renewal Procedures
The bill extends trademark validity from seven to ten years, with ten-year renewals, including a six-month grace period for late filings. Renewals require reclassification to the Nice International Classification, ensuring standardization.
Transitional rules automatically validate existing marks, transferring disclaimers and completing ongoing proceedings under the old law. This continuity minimizes disruption for current holders.
Balancing Acts: Use Obligations and Acquiescence
Proprietors must prove genuine use when challenged, with non-use potentially leading to revocation. A new acquiescence rule bars opposition after five years of knowing tolerance, except in bad faith cases, promoting stability.
Clarifying Boundaries: Expanded Non-Infringement Defenses
Section 28 lists explicit non-infringing acts, including honest name use, descriptive indications, nominative applications for parts, prior continuous use, and fair practices like comparative advertising or news commentary. This clarity reduces frivolous lawsuits and supports free expression.
Combating Fakes: Definitions and Remedies for Counterfeits
Section 34 defines infringing goods, materials, articles, and counterfeits precisely, empowering courts under Section 35 to order destruction, forfeiture, or disposal with safeguards. This strengthens anti-counterfeiting efforts, vital for industries like pharmaceuticals.
Deterring Abuse: Remedies Against Unjustified Threats
Aggrieved parties can now seek declarations, injunctions, and damages for groundless infringement threats, unless proven valid. Mere notifications of registration are exempt, balancing enforcement with fairness.
Border Vigilance: TRIPS-Compliant Measures
Proprietors can request customs detention of suspected imports, with temporary suspensions and court pursuits, including importer protections. This mirrors TRIPS border enforcement, curbing illicit trade.
Unlocking Value: Transactions and Financing Options
Trademarks can now be assigned partially, licensed, or used as security via charges, enabling IP-backed loans. This treats marks as financial assets, aiding SMEs in capital raising.
Group Protections: Collective and Certification Marks
New regimes for collective marks (for associations) and reformed certification marks require approved rules, public access, and specific revocation grounds. This supports geographical indications, like for Nigerian cocoa.
Digital Frontiers: Internet Use and Commercial Impact
Trademark use online counts in Nigeria only if it has commercial effect, assessed by factors like business ties. This addresses e-commerce infringements effectively.
Tougher Stance: Criminal Penalties
New offenses like counterfeiting carry fines up to ₦250,000 and 10-year imprisonment, with corporate liability.
Empowering Oversight: Controller’s Enhanced Role
The Controller gains powers to extend deadlines, summon witnesses, issue directions, and immunity for decisions.
Transitional Arrangements
Pending matters continue under old rules, with obsolete concepts abolished but rights preserved.
Elevating Nigeria’s Trade Profile: AfCFTA and Global Implications
The bill’s innovations promise to significantly enhance Nigeria’s integration into the AfCFTA, the world’s largest free trade area by participant countries, which is projected to boost intra-African trade by 52% as of 2025. By harmonizing trademark laws with the AfCFTA’s Intellectual Property Protocol (adopted in 2023), Nigeria facilitates seamless IP protection across the continent, covering trademarks, patents, and geographical indications. This protocol seeks to standardize rules, reducing barriers for Nigerian exporters in markets like South Africa or Kenya, where stronger IP regimes already exist.[2]
Under AfCFTA, enhanced protections for well-known marks and border measures will curb counterfeits in cross-border trade, protecting Nigerian brands like United Bank of Africa (in terms of product counterfeiting), Dangote or Nollywood content from dilution. Digitization aligns with the AfCFTA Digital Trade Protocol, which Nigeria ratified in 2025, promoting e-commerce and service exports. This could amplify Nigeria’s digital economy, projected to grow amid AfCFTA’s preferential tariffs.[3]
Globally, alignment with TRIPS and Paris Convention attracts foreign direct investment by assuring investors of reliable IP enforcement, potentially increasing trade volumes. Provisions on internet use address transnational e-commerce, positioning Nigeria favorably in WTO discussions. Overall, these reforms could elevate Nigeria’s IP index rankings, fostering innovation and export competitiveness.
In conclusion, the Trademarks Bill 2025 heralds a new era for Nigeria’s IP system, blending innovation with international harmony to drive economic prosperity.
Written by Adeola Osifeko LLB,BL,LLM, ACIS,ABR.
[1] G.Elias, ‘A Review of Nigeria’s National Intellectual Property Policy & Strategy 2025’ G.Elias Publication 15 December 2025
[2] Isaac Chibuife, ‘FG takes stock of Nigeria’s AfCFTA performance, affirms progress’ Guardian Newspapers 2 January 2026 < https://guardian.ng/business-services/fg-takes-stock-of-nigerias-afcfta-performance-affirms-progress/> Accessd on 20 January 2026
[3] Chijioke Odo, ‘Nigeria’s Trade Outlook 2025’ https://www.deloitte.com/ng/en/services/tax/perspectives/Nigeria-Trade-Outlook-2025.html Deloitte Publication © 2024 Accessed on 18 January 2026
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