The trademarks register is divided into two parts: part A and part B. Section 9 of the Trademark Act CAP T13 LFN 2004 provides that in order for a trademark to be registrable under part A, the mark must contain one of the following:
• The name of a company, individual, or firm represented in a special or particular manner;
• The signature of the applicant for registration or some predecessor in his business;
• an invented word or invented words;
• A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or surname;
• Any other distinctive mark.
To be registrable under part B, the mark has to be capable of being distinctive.
The non-registrable marks include marks, which are not permitted to be registered under the Act. They include;
• Marks which are deceptive or scandalous, contrary to law or morality.
• Names of chemical substances
• The Nigerian Coat of Arms or other emblem of authority
• Patent, copyright, red cross and other similar words
• Identical and resembling trademarks
• Trademark search
• Acknowledgment by the registrar if such mark follows the requirement of registration
• Publication in the Trademark journal
• If no opposition, the registrar issues a trademark Certificate