What is a Trademark?
GLO, NASCO, SHELL, PEPSI, CHIVITA, what do they all have in common? They are names of
brands; they help us identify the niche they fit in, but most importantly, they are all a type of
Intellectual property “Trademarks”.
A trademark is a sign capable of distinguishing the goods or services produced or provided by one
enterprise from those of other enterprises.
Any distinctive words, letters, numerals, drawings, pictures, shapes, colors, logotypes, labels or
combinations used to distinguish goods or services may be considered a trademark. In Nigeria,
advertising slogans are also considered trademarks and may be registered as such at The Registry of Trademarks, Patents and Designs.
An increasing number of countries also allow for the registration of less traditional forms of
trademarks such as single colors, three- dimensional signs (shapes of products or packaging),
audible signs (sounds) or olfactory signs (smells). However, Nigeria presently does not provide for
the registration of olfactory signs (smells), and audible signs (sounds).
WHAT ARE TRADEMARKS FOR?
The main function of a trademark is to enable consumers to identify a product (whether a good or a
service) of a particular company so as to distinguish it from other identical or similar products
provided by competitors. Consumers who are satisfied with a given product are likely to buy or use
the product again in the future. For this, they need to be able to distinguish easily between identical
or similar products.
By enabling companies to differentiate themselves and their products from those of the competition,
trademarks play a pivotal role in the branding and marketing strategies of companies. Contributing
to the definition of the image, and reputation of the company’s products in the eyes of consumers.
The image and reputation of a company create trust which is the basis for establishing a loyal
clientele and enhancing a company’s goodwill. Consumers often develop an emotional attachment
to certain trademarks, based on a set of desired qualities or features embodied in the products
bearing such trademarks.
Trademarks also provide an incentive for companies to invest in maintaining or improving the
quality of their products in order to ensure that products bearing their trademark have a positive
reputation.
There you have it, that's what a trademark is in a nutshell, your distinguishing tool from other
enterprises, whether you provide goods or services.
Yours Truly,
Legalipcoach
Disclaimer: The information contained in this guide in not meant as a substitute for professional legal advice.
Its purpose is to provide basic information on the subject matter. Have more questions, send me a mail at
legalipcoach@gmail.com