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THE INSTITUTE OF CHARTERED ECONOMISTS OF GHANA

(Established by the Trade Marks Act, Section 22(3), CAP 436 Laws Of The Federation of Nigeria 1990. RTM: 70408)) 

 

BENEFITS OF THIS NEW REGISTRATION BY ICEG

 

THE TRADE MARKS ACT CLASS 41 OF THE FEDERATION OF NIGERIA.

Trademark Class 41 covers services related to education, training, entertainment, sports, and cultural activities. This includes formal and informal education, skill development, and services that provide amusement or engage attention, such as amusement parks, sports clubs, live performances, and the publishing of books.

 

  1. Education and training: Formal and informal education services, etc.
  2. Providing of Training: Skill development and coaching.
  3. Training of animals.
  4. Entertainment and cultural activities.
  5. Entertainment via media, games, or events.
  6. Amusement and recreational services, such as amusement parks, casinos, and nightclubs.
  7. Live performances, circuses, and exhibitions.
  8. Cultural services like art galleries and museums.
  9. Film direction and production.
  10. Sports and recreation.
  11. Sporting and fitness training.
  12. Sports camp services and stadium facilities.
  13. Organization of competitions.

 

Other services in Class 41

  1. Photography and news reporter services.
  2. Music composition and writing services (e.g., screenplays).
  3. Online gaming and gambling services.

 

THE PARTS OF THE TRADE MARK ACT

Under Nigeria’s Trade Marks Act, a trademark can be registered in Part A or Part B, with the key difference being the level of distinctiveness required at the time of registration. Part A is for marks that are already distinctive, such as invented words or special representations of names. Part B is for marks that are not yet distinctive but are capable of becoming so through use, like descriptive words.

 

Part A registration

  1. Requirement:The mark must be inherently distinctive and adapted to distinguish the goods at the time of registration.

Examples:

The name of a company, individual, or firm, represented in a special or particular manner.

  • The signature of the applicant or a predecessor.
  • An invented word or words.

A word or words having no direct reference to the character or quality of the goods and not being a geographical name or surname.

 

Benefit: Part A registration provides stronger, more conclusive protection.

 

Part B registration

  1. Requirement:The mark must be capable of distinguishing the goods in the course of trade, even if it’s not yet distinctive. This is a lower standard than Part A.

Examples: Marks that are descriptive but could become distinctive through long-term use.

 

Benefit: Part B registration offers a pathway for marks that aren’t distinctive enough for Part A. Once a Part B mark becomes distinctive, the owner can apply to have it re-registered in Part A.

 

THE POWER OF THE TRADE MARK ACT

The Trademarks Act is a powerful piece of legislation that grants the owner of a registered trademark exclusive rights to use, assign, or license their mark, and the ability to sue infringers. A registered trademark provides legal protection, builds a business’s reputation and goodwill, and grants the owner the right to take legal action for unauthorized use. It is a key asset that can be transferred or used as collateral.

 

Powers granted by the Trademarks Act

  1. Exclusive use:It gives the owner the sole right to use the trademark in connection with the specific goods or services for which it is registered.
  2. Right to sue for infringement:The owner can take legal action in a high court for unauthorized use or for the use of a confusingly similar mark.
  3. Irrefutable proof of ownership:The registration certificate serves as strong, and often irrefutable, evidence of the right to use the trademark, creating a presumption of validity that the challenger must disprove.
  4. Asset creation:A trademark is an intangible asset that can be assigned or transferred, creating value and potentially generating revenue.
  5. Protection against imitation:It protects the brand’s reputation from being damaged by imitations or unfair competition, which could otherwise lead to significant costs to rebuild the brand.
  6. Streamlined enforcement:It can lead to a more streamlined and potentially faster resolution process for infringement issues compared to relying on common law protections like passing off.

 

THE DIFFERENCE BETWEEN CAC REGISTRATION AND THE TRADE MARKS REGISTRATION

Neither the CAC registration nor the Trade Marks Act is “greater” in a general sense, as they serve different, complementary legal purposes. However, in cases of conflict over a business name, a registered trademark generally takes precedence over a CAC business name registration.

 

The Differences and Legal Standing

  1. CAC Registration (Corporate Affairs Commission):This process, governed by the Companies and Allied Matters Act (CAMA), gives your business a legal personality, allowing it to operate as a formal entity in Nigeria, open a corporate bank account, and enter into contracts. It grants a right to operate under that name (provided it is not identical to another CAC-registered name), but it does not grant exclusive intellectual property rights or brand protection.

 

  1. Trademark Registration (Trade Marks Act):This process, handled by the Trademarks, Patents and Designs Registry, protects your brand identity (name, logo, slogan, etc.) as intellectual property. It grants you the exclusive right to use that mark in commerce within specific classes of goods and services, and the legal power to stop others from using a confusingly similar mark.

 

Priority in Case of Conflict

Nigerian case law and the provisions within CAMA itself establish that the Trade

  1. Marks Act effectively holds sway in matters of brand identity: Trademark owner has priority: If a name is already a registered trademark, the CAC is prohibited from registering a company with an identical or conflicting name unless the trademark owner consents.
  2. Deregistration of CAC name:If a business name is inadvertently registered with the CAC that conflicts with an existing trademark, the trademark owner can object to the CAC’s Administrative Proceedings Committee and may even obtain a court order forcing the CAC-registered entity to change or deregister its name.
  3. Limited recourse for CAC-only registration:A business that only has a CAC registration, without a corresponding trademark registration, has limited legal recourse if another entity starts using a similar name or logo (e.g., they would have to file for a common law “passing off” action, which is often more difficult and costly to prove than trademark infringement).

 

In conclusion, while both registrations are crucial for a business, a registered trademark provides superior protection for a brand’s identity and goodwill in the marketplace. Smart business owners secure both CAC registration to legitimize their operations and trademark registration to safeguard their brand identity.

 

The Institute of Chartered Accountants of Nigeria (ICAN) has not taken the necessary steps to protect itself from the rise of unregulated accounting institutions in Nigeria. We recognize this issue and have proactively worked behind the scenes to combat the proliferation of substandard economic institutes. Through our registration and approval process, our institute, the Institute of Chartered Economists of Ghana (ICEG), and ICENigeria are now secured, protected, officially recognized, and validated worldwide. No other economic institute will be permitted to operate unless we grant our approval. We will not approve any other organization. If it’s not ICEG or ICEN, it simply cannot be ICEG or ICEN!

 

 

 

Thank you all!

 

 

Professor Christopher Ominyofe Balogun FCE, FCE+, FBQS, FBU, FIMC, CMC, FCDipl (UK).

GROUP Director General/CEO