LIKELIHOOD OF CONFUSION THE BEDROCK FOR DETERMINATION OF TRADEMARK REGISTRABILITY AND INFRINGEMENT IN NIGERIA

Trademark law in Nigeria, like in many other jurisdictions, seeks to protect the distinctive nature of trademarks and prevent consumer confusion in the marketplace, by so doing, prohibits the registration of a trademark which is confusingly similar to an already existing trademark and which is likely to deceive or cause confusion in the course of trade. While the provision of the law could not be any clearer, the decision of whether a trademark is confusingly similar to an already existing trademark is often reserved for the interpretation of the courts and this has over the years, been the gravamen of many intellectual property infringement disputes. Granted that the concept of likelihood of confusion plays a crucial role in determining the strength and validity of trademark rights, this paper intends to carefully examine the factors considered by the courts/tribunals in deciding whether two trademarks are confusingly similar and to provide a comprehensive explanation of the determination of likelihood of confusion in trademark law in Nigeria. The question of what constitutes trademark infringement in Nigeria is fundamental in the protection of intellectual property rights, this article therefore is aimed to come to the rescue taking a ride from the background of trademark and what it indeed represents.