If your trade mark is not registered, then it may be difficult or impossible to prevent others from using the same or a similar mark for the same or similar goods or services. If a competitor of yours does so, this is likely to result in confusion in the marketplace; consumers or customers may buy your competitor’s goods or services believing them to be yours.   Naturally, this can seriously harm your business!    A registered trade mark can provide a far more effective and straightforward statutory remedy.   What are the major disadvantages of not registering my  trade mark? If you are unable to stop your competitor from using a trade mark which is the same as or similar to yours, then, apart from the fact that this is likely to directly affect your revenue, it may also prevent you from properly developing your reputation in your brand for your goods or services. This is likely to have a major negative impact on your business in the medium to long term.   An even more serious situation is where you have already developed a reputation in your brand. If you cannot stop your competitor from using a trade mark which is the same as or similar to yours, then your competitor may “get a free ride” on your reputation. In many cases, a reputation is the result of having high quality goods or services, providing superior service, or an effective marketing strategy. These usually involve a significant investment in money, time, and know-how.   Why should your competitors be free to get the advantage of your investment and then on top of that, to compete with you?   Your trade mark may be seen as the “place” where your reputation (the reputation of your goods or services) resides. For this reason, a trade mark can be one of the most valuable and important assets of a business and should be protected accordingly.

If you operate a business in Nigeria under a business or trading name, it is a requirement to register the name with the corporate Affairs Commission. If you are using your own name-your given name/s and/or initial/s followed by your surname-as a business name, it does not have to be registered. If you use a name other than your given name, or you include other words with your name, such as Joan Smith Party Hire or John Smith & Sons, you do need to register it. If you are operating a company (Pty Ltd), you will need to register your business name if it is different from your company name. Why is it important to register? • It prevents you from mistakenly using the name of another Nigeria registered business or Nigerian company, avoiding any confusion by ensuring that no two businesses have the same name, or even similar sounding names. • It lets the public know who is conducting a business under a certain name. • You can open a business bank account under a registered name. It is an offence under the Companies and Allied matters Act, if you use an unregistered business name that is different from your given or company name. If you do so, you risk being prosecuted. It is important to ensure that your preferred name isn't already in use as an existing trademark or business name to avoid possible legal action. Once your business name is registered, you receive a Certificate of registration. You are required to display this certificate in a prominent position in your business premises. Your bank, the government or anyone offering you. Contract, may request to see your certificate. Similarly, you are required to display the business name in a prominent position outside your business. A trusted and clearly identifiable business name can be a very valuable asset in dealing with clients, lenders and other businesses.

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