Authored By: Peculiar Osahon
University of Benin, Nigeria
Abstract
This paper provides an analytical examination of the interplay between industrial design and trademark law, focusing on their overlaps, distinctions, and legal implications for brand identity and market protection in Nigeria. It explores how these two forms of intellectual property, though distinct in purpose and scope, often converge in practical applications to create comprehensive protection for products. By analyzing the legal frameworks under Nigeria’s Patents and Designs Act and Trade Marks Act, alongside relevant international standards, the study highlights how businesses can strategically deploy both rights to enhance product distinctiveness, prevent unfair competition, and foster consumer recognition. Through the use of illustrative case studies such as Ferodo Ltd. v. Ibeto Industries Ltd, the paper investigates how courts navigate legal conflicts arising from design and trademark overlaps. Ultimately, it underscores the importance of an integrated intellectual property strategy, recommending harmonized protection approaches that reflect the realities of modern branding and commercial design in a globalized marketplace.
INTRODUCTION
In today’s innovation-driven and brand-conscious marketplace, businesses are increasingly relying on the dual forces of aesthetic appeal and brand recognition to secure competitive advantage. Industrial design and trademark law represent two distinct yet interrelated branches of intellectual property (IP) that play a pivotal role in protecting the visual and symbolic elements of products. While industrial designs safeguard the ornamental aspects of goods, trademarks protect distinctive signs that identify their commercial origin. In practice, these legal regimes frequently intersect, creating opportunities for comprehensive protection but also posing significant challenges when conflicts arise. This paper critically examines the interplay between industrial design and trademark law, with a focus on Nigeria’s legal framework. It seeks to analyze the extent to which these regimes overlap, differ, and impact brand identity and market protection. The central question addressed is: how can businesses navigate the convergence of design and trademark law to effectively safeguard both the appearance and identity of their products? To answer this, the paper is structured as follows: first, it defines and distinguishes industrial design and trademark protection; next, it explores their complementary roles in branding and product differentiation; then it examines areas of legal conflict and judicial interpretation within Nigerian law; and finally, it evaluates key case studies to derive practical insights and recommend strategic approaches for integrated IP protection. Through this exploration, the study underscores the importance of harmonizing design and trademark protection in fostering innovation, preventing unfair competition, and strengthening consumer trust.
Definition of Industrial Design and its legal protection
Industrial Design is a form in intellectual property law that refers to the ornamental or aesthetic aspects of a product. This includes elements such as its shape, configuration, pattern, lines, color, or texture. Industrial design protection focuses solely on the visual appeal of a product, rather than its functional or features.[1] Industrial design protects the appearance of the product, which need not be functional before its protected.[2] Industrial designs are further used in a wide range of handicrafts and industrial products, including watches, jewelry, medical and technical instruments, cars, electrical appliances, textile designs, leisure goods, and other luxury things. An article’s marketability and commercial value are increased by industrial designs, which give it an appealing appearance. An industrial design needs to be aesthetically pleasing in order to be protected in Nigeria. Accordingly, an industrial design is essentially only cosmetic and does not preserve any of the technological aspects of the object it is worn on.[3]
Industrial designs are protected under intellectual property law to safeguard the aesthetic and ornamental aspects of products. The legal protection ensures that the owner has exclusive rights to prevent unauthorized reproduction, imitation, or use of the design.
Legal Protection and Registration
It is important to state that designs can be protected in a number of ways, including copyright, non-registration, and registration systems. There are three levels of registration which are national, regional, and international. The marketplaces in which the applicant plans to operate typically determine the best course of action.[4] For an industrial design to be protected by industrial design law in majority of countries, it must be registered. Generally speaking, a design needs to be “new” or “original” in order to be registrable. These terms are defined differently in different nations, and the registration procedure itself varies as well. “New” usually refers to a design that has never been known to exist before, either exactly or extremely closely. A registration certificate is given out after a design is registered. An industrial design may also be protected as a work of art under copyright law, depending on the specific country law and the type of design. In that scenario, there is no need to register., [5] In certain nations, copyright protection and industrial design can coexist. In other nations, they are mutually exclusive, meaning that the owner can no longer use both types of protection after selecting one. An industrial design may also be shielded from replication by unfair competition laws in some nations. A protected industrial design’s owner has the authority to stop others from illegally replicating or imitating the design. This includes having the ability to create, offer, import, export, or sell any product that incorporates or uses the design. On mutually agreeable terms, he may also provide licenses or permissions to others to utilize the design. The owner may also sell the right to the industrial design to someone else. The term of protection under Industrial Design laws is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years. Generally, Industrial Design protection is limited to the country in which protection is granted.[6] Once registered, the owner can prevent others from reproducing, importing, selling, or using the design commercially without authorization. Flowing from the above, it is pertinent to further discuss the standpoint in Nigeria.
Industrial design is defined as any combination of lines, colors, or both. [7]Additionally, any three-dimensional form, whether or not it has color associated with it, is considered an industrial design if the creator intends for it to be used as a model or pattern to be multiplied by industrial processes rather than just to achieve a technical result.[8] In Nigeria, by virtue of the provisions of the Patent and Designs Act, the right to registration is vested in the statutory creator, i.e., the person who, whether or not is the true creator, is the first to file or validly claim a foreign priority for, an application for registration of the design.[9] Registration of an industrial design confers upon the registered owner the right to preclude any other person from doing any of the following act;
a) Reproducing the design in the manufacture of a product
b) Importing, selling or utilizing for commercial purposes a product reproducing the design
Holding such a product for the purpose of selling it or utilizing it for commercial purposes.[10]
Furthermore, the Patent and Designs Act states that it is illegal to copy a registered industrial design just because it involves a different kind of product than the one the design is for or because it differs from the design in little or unnecessary ways.[11] It is crucial to note that the Patent and Designs Act states that a statutory creator who is not the genuine creator has the right to be identified as such in the registration, and that a contract cannot change this right.[12]Furthermore, the rights in such registration will be considered transferred to the true creator if a purported statutory creator submits an application without the true creator’s approval.[13] Additionally, the employer will own the rights to any industrial design generated by an employee while they are working for the company. If the design was created as part of a commissioned project, this is also true. Nonetheless, an employee who uses his employment resources to create a design outside of his job duties is entitled to just compensation. Otherwise, he may file an enforcement action.[14] Finally, an application for the registration of an industrial design shall be made to the registrar who by virtue of the powers conferred on him by the Act, shall examine every application to make sure it is in compliance with sections 13 and 15 of the Act. That is to say, the registrar shall check;
- whether the design is not contrary to public order or morality.
- whether the necessary information like applicant’s full name and address, a specimen of the design, etc., are provided and whether the prescribed fee has been paid.
It is pertinent to buttress that where the application does not comply with necessary requirements, the registrar shall reject the application. Any person
grieved by the decision of the registrar may appeal to the Court. [15]
To be protected by Nigerian industrial design law, an industrial design needs to be registered. The owner of an industrial design that is registered has the authority to stop third parties from illegally copying or imitating it. This includes the authority to bar anybody else from creating, supplying, importing, exporting, or marketing any goods that use the design or include it. The right to a registered design in Nigeria is valid for five years, although it can be extended for two consecutive five-year periods. As a result, every product may be registered for protection for a maximum of 15 years.[16] During these years, the public cannot infringe upon the design owner’s rights.
Furthermore, the owner of a design must maintain the design’s confidentiality from the date of application for registration in order to preserve any industrial design under a registration system. This is quite important since the main prerequisite for design protection is often that the design must be “new.” Therefore, it is necessary to include confidentiality clauses in written agreements that make it clear that new designs remain confidential when they are to be shown to others.[17]Lastly, a design may no longer be regarded as “new” if it has previously been made public, for instance by being advertised in your company’s catalog or brochure. After six months of display, a design enters the public domain and is no longer protected unless the precedence of an earlier application can be asserted.[18]
The process for registration includes ; search for design availability, obtain forms 1 and 2 for textiles and 3 and 4 for non-textiles, add a statement of novelty outlining the aspects of the design that are deemed new, send in a sample or representation, along with a picture or graphic depicting the design. Send in a power of attorney or agent authorization. Following the processing of the application, a certificate of design is issued. Industrial design registration is valid for 15 years and can be renewed every 5 years.[19]
Examples of Industrial Design Protection in Different Countries
Industrial design protection varies across countries and regions, reflecting differences in legal frameworks and approaches. In the United States, Industrial designs are protected under design patents, which cover the ornamental aspects of products. The Apple v. Samsung[20] litigation highlighted the broad scope of U.S. design patent protection[21] Protection lasts for 15 years from the date of grant and focuses on aesthetic features rather than functional aspects.[22] The UK offers both registered and unregistered design rights. Registered designs can last up to 25 years with renewal fees. Unregistered design rights exist automatically for up to 15 years if eligibility criteria are met.[23]Germany and Nordic Countries apply a system of partial overlap between copyright law and sui generis industrial design laws. Designs may receive simultaneous protection as works of art under copyright law and under industrial design laws. [24]
Definition of Trade Marks
Trademark is a unique symbol, word, phrase, logo, or design that identifies and distinguishes the goods or services of one business from those of others. It serves as a brand identifier, providing consumers with an easy way to recognize and differentiate between brands. Trademarks are essential for protecting brand identity, reputation, and intellectual property.[25] A trademark is a type of intellectual property that helps to protect your brand by distinguishing it from competitors. It is used to protect the name, logo, or slogan associated with a product or service from being used by others without permission. [26]
Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid. Over time, trademarks become synonymous with a company name. Think of the apple shape with the bite taken out that Apple uses as its logo, the swoosh that Nike features on all its products, or the golden arches of McDonald’s. Types of trademarks include word marks , logo marks, composite marks, service marks, certification marks and collective marks.
Legal Protection of Trademark
Trademark protection is crucial for businesses to safeguard their brand identity and goodwill. Legal protection for trademarks involves registration and enforcement mechanisms to prevent unauthorized use that could deceive or confuse consumers. The first step in protecting a trademark is to file an application with the relevant intellectual property office. In Nigeria, this is done at the Trade Marks Registry administered by the Federal Ministry of Commerce.[27] The application is examined to ensure the mark is distinctive and does not infringe existing trademarks[28] If the mark is deemed registrable, it is published in the Trade Marks Journal to allow for public objections. [29] After a two-month period without objections, the mark is registered for an initial seven years, renewable for 14 years thereafter.[30]Registration grants the owner exclusive rights to use the trademark and sue for infringement.[31] This right allows the proprietor to prevent others from using a similar mark that could cause confusion among consumers.
Infringement occurs when someone uses a mark identical or similar to a registered trademark without consent, potentially deceiving the public.[32] The Act does not explicitly define infringement, but it is generally understood as the unauthorized use of a registered trademark that could deceive or confuse the public. Section 5(1) implies that infringement occurs when someone uses a mark without permission, potentially causing confusion or deception.[33]
In Nigeria, the Federal High Court has jurisdiction over trademark matters[34] Proprietors can institute court actions for infringement or passing off (for unregistered marks)[35] Available remedies include damages, accounts for profits, and delivery up of infringing goods. The Registrar can refuse registration or preside over opposition proceedings. The primary legislation governing trademark registration and protection in Nigeria.[36]
The Intersection of Industrial Design and Trademark
Industrial design and trademark law intersect in ways that allow businesses to protect both the aesthetic and brand identity aspects of their products. While these two forms of intellectual property (IP) are distinct, their overlap can provide complementary protections and significant commercial advantages. However, before discussing their areas of overlap and convergence , it is necessary to briefly examine their key differences.
Firstly, Industrial design protects the ornamental or aesthetic aspects of a product (e.g., shape, pattern, color, packaging[37] On the other hand, trade mark protects signs that distinguish goods or services (e.g., logos, symbols, names)[38] Secondly, these two forms of intellectual property are distinct in their functionality. Industrial designs are exclusively ornamental; does not cover functional features.[39] On the other hand, trademarks covers elements used to identify the origin of goods or services[40] Furthermore, the duration of industrial design typically lasts 10–15 years, with possible renewals.[41] Trademarks can last indefinitely as long as the trademark is actively used and renewed. Lastly, the registration process for an industrial design requires novelty and originality; design must not be disclosed publicly before filing.[42] Trademarks simply requires distinctiveness; descriptive or generic marks are excluded[43]
How Industrial Design and Trademarks Complement Each Other to create a strong brand identity
Industrial design and trademarks complement each other by providing overlapping yet distinct protections that enhance a product’s marketability and legal security. Together, they form a powerful synergy where a well designed product reinforces a brand’s trademark, and where a brand’s trademark enhances the value and recognition of a product’s design. This harmonious relationship is crucial for building a cohesive brand image, fostering customer loyalty and establishing a lasting presence in the market. Below, we examine how these two forms of intellectual property work together effectively at a point of overlap, interconnection and convergence.
- Distinct Yet Synergistic Protections
Industrial Design as earlier stated, protect the aesthetic, non-functional aspects of a product, such as shape, color, and patterns. These rights ensure exclusivity over the visual appeal of a product for a limited time, typically 10–15 years. Trademarks safeguard distinctive signs, logos, or shapes that identify the origin of goods or services. Unlike industrial designs, trademarks can last indefinitely if properly maintained by continuous use in commerce and continuously meeting of certain requirements.[44]
By combining these protections, businesses can secure both the visual appeal (through industrial designs) and brand identity (through trademarks) of their products. When used together, they create a comprehensive intellectual property (IP) strategy that enhances both brand identity and product exclusivity.
- Transition from Design to Trademark
A design initially protected under industrial design law can later acquire distinctiveness and qualify for trademark protection. For instance, iconic product shapes like the PEPSI bottle or HONEYWELL thermostat started as design patents but became trademarks due to their strong association with specific brands.[45] Transition is usually possible due to use and exposure in the market where consumers start to associate the design with a particular product or when the design is registered as a trademark. This transition allows businesses to extend protection beyond the limited term of industrial designs by leveraging trademarks for perpetual coverage.
- Enhanced Brand Identity
Industrial designs create instant recognition and emotional appeal through innovative aesthetics, while trademarks reinforce this recognition by associating it with a trusted brand name or logo[46]. Together, they communicate a cohesive brand character that reflects the company’s values and personality thereby strengthening consumer loyalty and emotional connection and market differentiation that sets the products apart from competitors.
Strategic Dual Protection
The strategic use of both designs patents and trademarks has ben effectively employed by companies to safeguard their innovative products such as the iconic DUSTBUSTER vacuum cleaner which has been protected by both design patents and trademarks, ensuring comprehensive legal coverage. While the design patent prevents replication of the product’s appearance during its term, trademark protection ensures long-term exclusivity tied to brand identity[47] The combination of these two gives a dual protection strategy for the brand and products involved .
Overcoming Limitations
While trademarks require distinctiveness and may exclude functional or generic elements, industrial designs can protect purely ornamental features without needing them to be distinctive.[48]This makes industrial designs an excellent complement for branding elements that are not eligible for trademark registration such as purely ornamental features By leveraging both industrial designs and trademarks, businesses can protect their products’ aesthetics and brand identity comprehensively. This dual approach not only secures legal rights but also enhances consumer trust and recognition in competitive markets.
Industrial design and trademark law intersect in cases where a design not only serves an aesthetic or functional purpose but also acts as a source identifier for a product or brand. A design serves as a source identifier when it becomes inherently distinctive through use and exposure in the market. In this case the design doesn’t only define the product’s appearance but also identifies the product’s source and origin and can be a trademark when registered with the required trademark’s office of the country the design originates from. This overlap allows for dual protection under intellectual property law, ensuring both aesthetic originality and brand recognition are safeguarded. This further means that the design’s visual appearance is protected as an industrial design and also protected as a trademark, thereby serving a dual role . For example, unique product shapes, such as the Coca-Cola bottle or Apple’s rounded iPhone corners, have been protected under both regimes.[49] To qualify for trademark protection, a design must acquire secondary meaning—consumers must associate the design with the source of the product rather than just its aesthetic appeal. This transition is critical for designs to function as trademarks[50]
This overlap has a couple of benefits like an extended protection. Industrial designs offer time-limited protection (10–15 years), while trademarks can provide indefinite coverage if renewed. This allows businesses to secure both short-term and long-term rights.[51] Also, combining protections enhances brand recognition and prevents competitors from copying either the aesthetic features or the brand identity of a product[52]
While industrial designs and trademarks serve distinct purposes, their overlap allows businesses to maximize legal safeguards and market competitiveness. However, careful navigation of statutory provisions and judicial precedents is essential to avoid conflicts and ensure compliance with IP laws.
Legal Conflicts Between Industrial Design and Trademark Laws in Nigeria
Legal conflicts between industrial design and trademark laws in Nigeria arise due to overlapping protections and the distinct purposes of these intellectual property rights. In Nigeria, Industrial Designs are governed by the Patents and Designs Act (1970), The Act provides for novelty for registration; designs must not have been made publicly available before application.[53]Trademarks on the other hand are regulated by the Trademarks Act (1965), trademarks protect distinctive signs (e.g., logos, names) that identify goods or services in commerce. Infringement as unauthorized use of a mark likely to cause confusion in the market.[54] As we have discussed in preceding paragraphs trademarks can overlap with designs if the design serves as a source identifier (e.g., unique bottle shapes). However, this will not be possible if the product’s design don’t qualify as both an industrial design and a trademark by meeting the criteria for both protections. For example, a unique bottle shape could be registered as an industrial design for its aesthetic appeal and as a trademark for its brand identity.[55] It is thereby pertinent that we admit that conflicts arise when functional shapes are registered under both regimes. [56] Let’s analyse this conflict by painting a scenario. When a functional shape or design is registered under both industrial design and trademark regimes where the design the industrial design rights protects the shape’s aesthetic aspects and the trademark rights protects the shape’s use as a source identifier and imagine a competitor creates a product with a similar shape but different logo or branding the original owner might claim industrial design infringement, saying the similar shape copies their design and also might also claim trademark infringement, saying the similar shape confuses consumers into thinking the competitor’s product is theirs. In this scenario, the overlap between the industrial design and trademark rights can lead to conflicts as the original owner of the shape or design who has same as its trademark can pursue both industrial design and trademark infringement claims.
To solve this problem, the court assesses whether the use of a registered design infringes trademark rights is causing confusion among consumers. For instance, if a registered industrial design resembles an existing trademarked logo, it may be deemed infringing under trademark laws.[57] In cases like F.O. Ajibowu & Co. Ltd. v. Western Textile Mills Ltd.,[58] courts emphasized physical inspection of designs to determine originality and avoid conflicts with existing IP rights. In addition, as a reolution mechanism the Federal High Coutt which has exclusive jurisdiction over IP disputes [59] rely on principles like novelty (for designs) and likelihood of confusion (for trademarks) to resolve conflicts. Businesses should also do well to conduct comprehensive searches across both registries before filing applications to avoid overlapping claims.
Nigerian Cases of Trademark Infringement Due to Design Similarities
The law and legal conflicts on this subject matter has not been sufficiently examined if we fail to make mention and analyse some notable cases on these issues.
Ferodo Limited v. Ibeto Industries Limited [60]
The facts of this cases is that the plaintiff being Ferodo Limited, an English company manufacturing brake linings under the “FERODO” brand and Ibeto Industries Limited, a Nigerian company producing brake linings under the “UNION SUPA” brand. The plaintiff alleged that the defendant’s packaging (red, black, and white cardboard boxes) was so similar to its own that it constituted trademark infringement and caused confusion among consumers.The trial court held that the defendant’s packaging did not resemble the plaintiff’s trademark sufficiently to cause confusion.The Court of Appeal affirmed this decision, emphasizing that the test for infringement is whether a person of average intelligence and imperfect recollection would confuse the two marks. The Supreme Court dismissed the appeal, stating that the plaintiff failed to prove that the defendant’s design created confusion or passed off its product as “FERODO. This case established that visual similarity alone is insufficient for trademark infringement; courts must consider whether there is a likelihood of confusion among consumers based on imperfect recollection.
There is also the case of Nigeria Distillers Limited v. Gybo & Sons [61] where the plaintiff was Nigeria Distillers Limited, owner of the “Bacchus” trademark for tonic drink and the defendant: Gybo & Sons, using “Cacchus” on their tonic drink labels. The plaintiff argued that “Cacchus” was phonetically similar to “Bacchus,” leading to consumer confusion. The court held that phonetic similarity could lead to confusion and ruled in favor of the plaintiff. It emphasized that trademarks must be assessed not only visually but also by sound and pronunciation. The Legal Principle on this judgement is that Phonetic similarity is a valid ground for determining trademark infringement, particularly when it creates confusion in trade.
Lastly there is the case of International Tobacco (Nig.) Ltd v. British American Tobacco (Nig.) Ltd.[62] The case involved allegations of trademark infringement concerning product packaging (“get-up”) used by both parties. The plaintiff claimed that the defendant’s packaging was designed to mimic its own, thereby misleading consumers. The court focused on whether the overall appearance of the packaging was likely to confuse consumers into believing they were purchasing products from the plaintiff. It ruled against infringement due to insufficient evidence of consumer confusion. This judgment laid on the principle that Trademark infringement based on design similarities requires proof of actual or potential consumer confusion arising from identical or deceptively similar packaging.
In light of the findings and analysis presented in this paper, it is imperative to propose strategic recommendations aimed at strengthening the synergy between industrial design and trademark protection in Nigeria. The following suggestions are intended to guide policymakers, legal practitioners, and businesses in navigating the complexities of overlapping IP regimes and enhancing brand and market protection.
Recommendations
- Adoption of an Integrated IP Protection Strategy:
Businesses in Nigeria should adopt a holistic intellectual property strategy that leverages both industrial design and trademark protection. This dual approach ensures coverage of both aesthetic features and brand identifiers, offering a stronger legal shield against infringement and imitation. - Harmonize Legal Frameworks and Procedures:
The Nigerian legislature should consider revising the Patents and Designs Act and the Trade Marks Act to clarify areas of overlap and potential conflict. Harmonizing definitions, criteria for protection, and enforcement mechanisms would provide greater legal certainty and reduce litigation. - Improve Public Awareness and IP Education:
Many entrepreneurs and businesses remain unaware of the benefits of securing IP rights. Government agencies, IP offices, and legal institutions should intensify awareness campaigns and include IP education in business development programs to promote a culture of proactive protection. - Encourage Judicial Consistency and Specialized IP Courts:
Nigerian courts should ensure consistent interpretation of IP laws, particularly in cases involving overlapping protections. Establishing specialized IP courts or training dedicated judges in intellectual property matters could enhance the quality and efficiency of rulings. - Promote Access to IP Registration and Enforcement Mechanisms:
The government should simplify and digitize the IP registration processes, reduce costs, and ensure accessible enforcement systems. Streamlined procedures will encourage more businesses to register their designs and trademarks and take legal action when infringed.
Conclusion
The intersection between industrial design and trademark law presents both opportunities and challenges for the protection of product identity and market competitiveness in Nigeria. While each regime serves a distinct purpose — industrial design safeguarding the aesthetic features of products and trademarks securing brand identifiers — their convergence offers businesses a powerful toolset for holistic intellectual property protection. However, the overlapping nature of these rights can also lead to legal ambiguities and enforcement conflicts, especially where design elements begin to function as brand identifiers. Through analysis of the Nigerian legal framework and relevant case law, this paper has demonstrated the importance of a harmonized and strategic approach to IP protection.
As Nigeria continues to integrate into the global economy and its creative and manufacturing sectors expand, the role of well-defined and efficiently enforced intellectual property laws becomes increasingly critical. By fostering legal clarity, promoting IP literacy, and encouraging strategic dual protection, businesses can better safeguard their innovations and build stronger brand identities. Ultimately, the synergy between industrial design and trademark protection, when properly understood and managed, can serve as a cornerstone for sustainable economic development, innovation, and consumer trust in the Nigerian marketplace.
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JOURNALS
Diamond M ‘ A defense of industrial design rights in united states’ (2019) 5 Journal of intellectual Property and entertainment law
Robert S and Minsker H.H ‘Trademarks By Design: Combining Design Patents And Trademarks To Protect Your Intellectual Property’ (2000) National Law Journal
[1] NIPCO ‘Design Filling Procedure’ (2025) <https://nipo.gov.ng/design.jsp > accessed April 3, 2025
[2] Christopher Heer, Annette Latoszewska and Daryna Kutsyna ‘The Basics and Benefits of Industrial Design’( Heer Law Intellectual Property Law and Litigation, 14 September 2024) <https://www.heerlaw.com/industrial-design-basics-benefits > accessed April 4, 2025
[3] Ibid
[4] European Commission IP Help Desk ‘Industrial Designs’ (2025) < https://intellectual-property-helpdesk.ec.europa.eu/ip-management-and-resources/industrial-designs_en> accessed April 3, 2025
[5] NIPCO n(1)
[6] Ibid
[7] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004. S 12
[8] Margaret Ogbonna, ‘Protection and enforcement of industrial designs’ (Bimak Associates, Solicitors and Associates, 23, May 2023 ) <https://www.bimakassociates.com/protection-and-enforcement-of-industrial-designs-in-nigeria/ > accessed April 3, 2025
[9] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004 s 20 (2 )(a)
[10] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 18 (1)
[11] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 19
[12] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 14
[13] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 15
[14] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 12
[15] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 17
[16] ibid
[17] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 20 (2) (a)
[18] Patent and Designs Act Cap. P2, Laws of the Federation of Nigeria 2004, s 18 (1)
[19] Ogbonna n(8)
[21] Maggie Diamond ‘ A defense of industrial design rights in united states’ (2019) 5 (1) Journal of intellectual Property and entertainment law
[22] Ibid
[23] Wikipedia <https://en.wikipedia.org/wiki/Industrial_design_right > accessed April 4, 2025
[24] Marta Palacio ‘Industrial Design and Copyright’ ( World Intellectual Property Organization, 24 November 2015) <https://www.safecreative.org/blog/en/2015/11/24/industrial-design-and-copyright-according-to-wipo/ >
[25] Shopify <https://www.shopify.com/ng/blog/what-is-a-trademark > accessed April 3, 2025
[26] India Filings <https://www.indiafilings.com/learn/trademark-definition/ > accessed April 3, 2025
[27] Michael Akerele and Anastatia Edward ‘Trademark Protection in Nigeria’ (The Law Kernel, 18 July 2024) <https://lawkernel.ng/trademark-protection-in-nigeria/ > accessed April 3, 2025
[28] World Intellectual Property Organaisation ‘How to Protect a trade mark’ available at <https://www.wipo.int/en/web/trademarks/protection> accessed April 3, 2025
[29] Templars Law ‘The Legal Regime for International Trade Mark Protection: An Introduction’ <https://www.templars-law.com/app/uploads/2015/05/Nigeria-and-Madrid-Protocol-revised.pdf > accessed April 3, 2025
[30] Trade Mark act 1965, s36
[31] Trade mark act 1965, s 5(1)
[32] Collins Egemonye, Uba Prosper and Ada Izuchukwu ‘Trademarks in Nigeria: Registration, Infringement and Enforcement’ (Goldsmith, 2024) <https://goldsmithsllp.com/trademarks-in-nigeria-registration-infringement-and-enforcement/ > accessed April 3, 2025
[33] Trade Marks Act, Laws of the Federation of Nigeria 1990, Chapter 436 available at<https://ictpolicyafrica.org/pt/document/a4zbwd5j8zo?page=1 > accessed April 3,2025
[34] Constitution of the Federal Republic of Nigeria 1999 (as amended), s 251(1)(f)
[35] Trademarks Act n (33)
[36] Banwo & Ighodalo ‘IP Protection framework in Nigeria – Trademarks’ (21 march 2025) < https://www.banwo-ighodalo.com/grey-matter/ip-protection-framework-in-nigeria-trademarks > accessed April 3, 2025
[37] Lionel Parisot ‘Building brand identity with trademarks and industrial designs’ (Dennemeyer, 25 Match 2024 ) <https://www.dennemeyer.com/ip-blog/news/building-brand-identity-with-trademarks-and-industrial-designs/> accessed April 3, 2025
Banwo & Ighodalo ‘IP Protection framework in Nigeria – Trademarks’ (21 march 2025) < https://www.banwo-ighodalo.com/grey-matter/ip-protection-framework-in-nigeria-trademarks > accessed April 3, 2025
[38] ibid
[39] ibid
[40] Parisot n(37)
[41] Heer, Latoszewska, Kutsyna n(2)
[42]Parisot n(37)
[43] ibid
[44] Robert S. Katz and Helen Hill Minsker ‘Trademarks By Design: Combining Design Patents And Trademarks To Protect Your Intellectual Property’ (2000) National Law Journal <https://bannerwitcoff.com/media/_docs/library/articles/bydesign.pdf > accessed April 4, 2025
[45] ibid
[46] Katz and Minsker n(55)
[47] ibid
[48] Katz and Minsker n(55)
[49] Trade Mark Factory ‘How Are Trademarks Different from Industrial Designs (a.k.a. Design Patents)?’ (2025) <https://trademarkfactory.com/cartoon/how-are-trademarks-different-from-industrial-designs >
[50] ibid
[51] ibid
[52] Swat Agrawal and Swapnil Agrawwal ‘Navigating The Trademark And Design Overlap In India’(mondaq,25 September 2023) < https://www.mondaq.com/india/trademark/1369458/navigating-the-trademark-and-design-overlap-in-india > accessed April 4, 2025
[53] Patents and Designs Act (1970), s 13(3)
[54]Trade marks Act (1965), s 67
[55] IDIH ‘Legal Landscape for Protection of Industrial Designs in Nigeria Law and Social Justice Review’ (2022) 3(2) LASJURE
[56] Ibid
[57] Olusola Jegede, Enforcement of Intellectual Property Rights in Nigeria’(Resolution Law Firm, 2025 ) <https://www.hg.org/legal-articles/enforcement-of-intellectual-property-rights-in-nigeria-56042 > accessed April 4, 2025
[58] [1976] 7SC 97
[59] Constitution of the federal republic of Nigeria 1999, s 251(1)(f)
[60] [2004] 5 NWLR [Pt. 866] 317
[61] [1997-2003] 4 I.P.L.R. 464
[62] SC/181/2009 (Supreme Court of Nigeria, March 3, 2023)
