Trade Mark
In Nigeria, trademarks are governed by the Trade Marks Act, LFN 2004 and the Trademark Regulations, 1990.
In the US, trademarks are governed mainly by the Lanham (Trademark) Act, 1946.
What can be trademarked?
- Phrases
- Words
- Symbols
- Logos
- A device
- A slogan
- A domain name
- A shape
- Colour
What can’t be trademarked?
- Government symbols or insignia
- A mark that contains some prohibited words or symbols, such as names of chemical substances,
- Vulgar or disparaging words or phrases,
- Immoral, deceptive, or scandalous words or symbols.
- Generic words, terms, or phrases
- Name of a person without consent from the
Patents
In Nigeria, the law of patents is the Patents and Designs Act, 1970.
In the US, the law of patents is the Patent Act, 1952, in conjunction with the Leahy-Smith America Invents Act, 2011.
What can be patented?
Generally, patents are used to protect inventions. You can patent an invention if it is new, inventive and capable of industrial application, or additionally, it constitutes an improvement upon a patented design.
The following can be patented;
- Process/Software
- Machine
- Manufacture
- Composition of matter
What can’t be patented?
- Literary, dramatic, musical or artistic works
- A way of doing business, playing a game or thinking
- A discovery, scientific theory or mathematical method
- The way information is presented
- A method of medical treatment or diagnosis
- Some computer programs or mobile apps
- Essentially biological processes such as cross-breeding plants and plant or animal varieties.
- Inventions the publication of which would be contrary to public order or morality
Copyright
In Nigeria, the Copyright Act LFN 2004 is the principal law that governs copyrights.
The governing law of copyrights in the US is the Copyright Act of 1976.
What can be copyrighted?
Generally, only original works of authorship fixed in a tangible medium of expression can be copyrighted. The following can therefore be protected by copyright;
- Literary works
- Dramatic works
- Musical works
- Pictorial, graphic, and sculptural work
- Sound recordings
- Architectural work
- Motion pictures and other audiovisual works
- Videotaped or notated pantomime and choreographic work.
What can’t be copyrighted?
- Ideas, methods, or systems
- Facts
- A list of ingredients such as formulas and recipes
- Domain names
- Slogans, catchphrases, and mottos
- Laws, statutes, judicial decisions
- An individual’s pseudonym, such as a stage name or pen name
- Information that is commonly known
- business, organization, or group names
- Title of work
- Works of fashion