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Legally Engaged Mentorship Programme
The Legally Engaged Mentorship Programme is open for applications, and it’s Nigeria’s no 1 mentoring programme for lawyers.
The mentors are drawn from Nigerian and international law firms, companies and agencies and are highly regarded as experts in their various fields.
Some of the benefits of the Programme are –
✔ Direct access to a successful legal practitioner for one-on-one mentoring.
✔ Exclusive webinars and chat sessions with legal luminaries – home and abroad.
✔ Chance to win tickets for trainings and other events.
✔ Access to a wide network of fellow mentees
Best part? It’s all free! Apply now at www.legallyengaged.com.ng/mentorship as spaces are filling up fast!
The mentors are drawn from Nigerian and international law firms, companies and agencies and are highly regarded as experts in their various fields.
Some of the benefits of the Programme are –
✔ Direct access to a successful legal practitioner for one-on-one mentoring.
✔ Exclusive webinars and chat sessions with legal luminaries – home and abroad.
✔ Chance to win tickets for trainings and other events.
✔ Access to a wide network of fellow mentees
Best part? It’s all free! Apply now at www.legallyengaged.com.ng/mentorship as spaces are filling up fast!
Young Lawyers Must Seize Their Destiny And Create It
As the legal profession welcomes an influx of new starry-eyed wigs estimated at about 4,000 every year, their chances of securing juicy opportunities in existing law firms are few and far between. The labour shortfall in addition to the worrisome number of disillusionment among young lawyers is a burden that GreySage Consulting, a Lagos-based legal seeks to bear.
With hands on approach, GreySage Consulting has teamed up with experienced and dynamic attorney, Akinyemi Ayinoluwa, for exclusive an session with young lawyers. The session is scheduled for December 7 at a special location in Lagos.
Willing participants will leverage an opportunity to learn to create career enhancing tips. With keen understanding of the dynamics of the terrain as a professional who has continued to make a huge impact, Akinyemi will beam his lazer on four important topics areas:
1. How to build a Community that supports your law practice;
2. What you must do before starting a practice in Nigeria;
3. How to cultivate a Personal Brand that supports your career and;
4. How Nigerian lawyers can leverage content in a digital world.
Akinyemi revealed, “Having studied industry trends and the effects of globalization, we want to equip young lawyers with affordable vital information and resources that can acquaint them with entrepreneurial skill set, a Do-It-Yourself approach to career development, and creating a prosperous and fulfilling work life.”
“Among some of the issues young Nigerian lawyers grapple with are such issues as low Remuneration, unbearable work environments, unemployment, lack of Opportunities for growth and promotion, as well as lack of healthy Work/Life balance. We assure that we will help move your career and practice forward, and you will have fun doing it,” he added.
To book a spot, click on the link below, or send an email to greysagelaw@gmail.com or call +2349098028375
https://docs.google.com/forms/d/e/1FAIpQLScRlu1dM0guZyPWwlUbFhPQTnxe0yJ9ZC0XFqRtrBWoyXLJSw/viewform
About GreySage Consulting
GreySage Consulting Ltd. is a new consulting company headquartered in Lagos, Nigeria. The firm is dedicated to empowering practitioners in the Creative and Legal industry, via trainings, seminars, advisory services, industry-specific events, mentorship, and Network events.
IP ABC—Does a registered trademark automatically die upon non-use for a long period? | Infusion Lawyers
Question
Hello, I am Ofure Ighalo, CEO of EduBit, an edutech startup. Six
years ago I had the idea of an edutech product, ‘Aunty’. We registered the name
and logo as trademark of EduBit. But after over 6 years of designing and
redesigning the idea, ‘Aunty’ wasn’t launched. After finally getting venture
capital for Aunty, we were about to launch on 18/08/2018 when a friend of ours
in the startup space drew our attention to a similar product also named
‘Aunty’. Considering that this could jeopardize our launch plans and investment
drive, we quickly contacted the company behind this ‘Aunty’ to desist from
further use of our registered trademark. But to our shock, the company,
Tekwando, claimed that regardless of EduBit’s registration of the mark,
‘Aunty’, EduBit has no right to stop their company from using the mark!
According to them, while EduBit may have the trademark certificate, it is mere
paper because they are the ones who have been in the edutech market, using the
name for over 3 years. This sounds crazy! Please tell us this is not true! Is
it true that we have lost the registered mark?
years ago I had the idea of an edutech product, ‘Aunty’. We registered the name
and logo as trademark of EduBit. But after over 6 years of designing and
redesigning the idea, ‘Aunty’ wasn’t launched. After finally getting venture
capital for Aunty, we were about to launch on 18/08/2018 when a friend of ours
in the startup space drew our attention to a similar product also named
‘Aunty’. Considering that this could jeopardize our launch plans and investment
drive, we quickly contacted the company behind this ‘Aunty’ to desist from
further use of our registered trademark. But to our shock, the company,
Tekwando, claimed that regardless of EduBit’s registration of the mark,
‘Aunty’, EduBit has no right to stop their company from using the mark!
According to them, while EduBit may have the trademark certificate, it is mere
paper because they are the ones who have been in the edutech market, using the
name for over 3 years. This sounds crazy! Please tell us this is not true! Is
it true that we have lost the registered mark?
Answer
The Answer is No. The owner of a registered trademark does not
automatically lose the right to the mark due to non-use. A party relying on
non-use of a mark must have successfully applied to the Federal High Court or
trademark registrar to expunge the registered trademark from the register on
the ground of non-use. Without this, the mark is presumed to be alive and
active, and consequently unauthorized use of the trademark may amount to
trademark infringement.
automatically lose the right to the mark due to non-use. A party relying on
non-use of a mark must have successfully applied to the Federal High Court or
trademark registrar to expunge the registered trademark from the register on
the ground of non-use. Without this, the mark is presumed to be alive and
active, and consequently unauthorized use of the trademark may amount to
trademark infringement.
Non-use of a registered trademark is dangerous to the health of
a trademark and may eventually kill it.
Although
a registered trademark is valid for 7 years and renewable from time to time, it
must at least be alive and active at any point within any 5-year periods
otherwise it may die.
a registered trademark is valid for 7 years and renewable from time to time, it
must at least be alive and active at any point within any 5-year periods
otherwise it may die.
Trademarks
die when they are either registered without any bona fide intention on the applicant’s part
to use the mark in relation to the applicant’s goods or services or when they
are not in use for a continuous period of 5 years. This is the position of the
law under section 31(2) of Nigeria’s Trademarks Act.
die when they are either registered without any bona fide intention on the applicant’s part
to use the mark in relation to the applicant’s goods or services or when they
are not in use for a continuous period of 5 years. This is the position of the
law under section 31(2) of Nigeria’s Trademarks Act.
In your
case, EduBit came up with the idea and name for its ‘Aunty’ edutech app.
Although you registered it as trademark, for over 6 years you failed to neither
launch the app nor put it to use. Consequently, ‘Aunty’ was born but never
lived fully due to non-use.
case, EduBit came up with the idea and name for its ‘Aunty’ edutech app.
Although you registered it as trademark, for over 6 years you failed to neither
launch the app nor put it to use. Consequently, ‘Aunty’ was born but never
lived fully due to non-use.
As long as EduBit failed to use its ‘Aunty’ trademark for more
than a minimum period of 5 years, this is a ground for losing the mark.
Therefore, section 31(2)(b) of the Act specifically applies—your ‘Aunty’
trademark is ripe for removal from the trademark register.
than a minimum period of 5 years, this is a ground for losing the mark.
Therefore, section 31(2)(b) of the Act specifically applies—your ‘Aunty’
trademark is ripe for removal from the trademark register.
But a
trademark does not automatically elapse upon non-use. It must be taken off the
trademark register by a court of law or the trademark registrar upon
application by a “person concerned”.
trademark does not automatically elapse upon non-use. It must be taken off the
trademark register by a court of law or the trademark registrar upon
application by a “person concerned”.
Although
trademarks do die, it is not at the discretion of any person to declare the
death of a trademark for any reasons and then begin to use the trademark. If it
were so, business competitors may become even more desperate in killing their
competitors’ brands. This would amount to unfair competition.
trademarks do die, it is not at the discretion of any person to declare the
death of a trademark for any reasons and then begin to use the trademark. If it
were so, business competitors may become even more desperate in killing their
competitors’ brands. This would amount to unfair competition.
So
rather than allow any “person concerned” to declare the death of a trademark on
the ground of non-use and the same person resurrects the dead trademark for his
or her own use, the law requires such “person concerned” to either apply to the
Federal High Court or trademark registrar. This enables the court or registrar
have the opportunity of determining the status of the trademark.
rather than allow any “person concerned” to declare the death of a trademark on
the ground of non-use and the same person resurrects the dead trademark for his
or her own use, the law requires such “person concerned” to either apply to the
Federal High Court or trademark registrar. This enables the court or registrar
have the opportunity of determining the status of the trademark.
This is
why section 31(1) of the Trademarks Act requires that a registered trademark
may be taken off the register in respect of the goods or services it is
registered “on the application made by any person concerned to the court”. If
the matter is not already pending in court, an applicant has the option of
bringing the application before the trademark registrar. If the applicant
chooses to apply to the trademark registrar, the registrar’s decision is
subject to appeal to the court.
why section 31(1) of the Trademarks Act requires that a registered trademark
may be taken off the register in respect of the goods or services it is
registered “on the application made by any person concerned to the court”. If
the matter is not already pending in court, an applicant has the option of
bringing the application before the trademark registrar. If the applicant
chooses to apply to the trademark registrar, the registrar’s decision is
subject to appeal to the court.
Therefore, Tekwando has no right to simply start using EduBit’s
allegedly unused ‘Aunty’ by relying on non-use. Tekwando must first apply to
either the trademark registrar or Federal High Court. Until Tekwando does so
and gets a favourable decision, its act amounts to trademark infringement. It
is tantamount to burying a trademark alive, regardless of the fact that the
mark has been in a 5-year coma. Tekwando must allow either the trademark
registrar or court do the mercy killing, if the allegation of non-use of the
mark is proven.
allegedly unused ‘Aunty’ by relying on non-use. Tekwando must first apply to
either the trademark registrar or Federal High Court. Until Tekwando does so
and gets a favourable decision, its act amounts to trademark infringement. It
is tantamount to burying a trademark alive, regardless of the fact that the
mark has been in a 5-year coma. Tekwando must allow either the trademark
registrar or court do the mercy killing, if the allegation of non-use of the
mark is proven.
Finally,
only a “person concerned” is entitled to apply to the trademark registrar or
court to expunge a registered mark from the register for non-use.
only a “person concerned” is entitled to apply to the trademark registrar or
court to expunge a registered mark from the register for non-use.
The applicant must be a concerned person. This implies legal or equitable
interest.
Section 31(1) of the Act refers to the applicant as a “person concerned”. This
is not any person. Is Tekwando a “person concerned”?
Tekwando has interest in the
use of ‘Aunty’ for a similar edutech product in the Nigerian market where
EduBit’s ‘Aunty’ product is registered as trademark. Use of the same ‘Aunty’
mark by both parties for similar products may infringe on the right of the
other. Tekwando is therefore a “person concerned”. It is qualified
to bring the statutory application against EduBit’s ‘Aunty’ mark.
use of ‘Aunty’ for a similar edutech product in the Nigerian market where
EduBit’s ‘Aunty’ product is registered as trademark. Use of the same ‘Aunty’
mark by both parties for similar products may infringe on the right of the
other. Tekwando is therefore a “person concerned”. It is qualified
to bring the statutory application against EduBit’s ‘Aunty’ mark.
Always
put your registered mark to use, otherwise they risk being expunged and may end
up in the hands of your competitor.
put your registered mark to use, otherwise they risk being expunged and may end
up in the hands of your competitor.
Contact
an IP lawyer or law firm for professional guidance and legal assistance.
an IP lawyer or law firm for professional guidance and legal assistance.
IP ABC
Best
wishes
wishes
Follow-up questions, if any, are
welcomed.
Source: Infusion Lawyers
Nigerian Senate Takes Action On Illicit and Excessive Bank Charges
Today, 17th October, 2018, the Nigerian Senate passed a resolution calling on the Central Bank of Nigeria (CBN) to suspend the excessive ATM card maintenance charges being deducted from customers. This resolution came as part of a motion on the illicit and excessive bank charges on customers accounts, sponsored by Senator Olugbenga Ashafa (Lagos East, APC).
The Senate also called on commercial banks operating in the country to configure their machines to dispense up to N40,000 per withdrawal pending the outcome of the investigation by the Senate committees tasked with investigating the excessive and illicit bank charges.
Speaking on the Motion, the President of the Senate, Dr. Abubakar Bukola Saraki said: “This is a motion that affects the lives of every Nigerian — irrespective of what part of the country you come from or whatever political affiliation you might have. This is why we are here: to always defend and protect the interests of the Nigerian people.”
The Senate President stated that the Senate must work to ensure that the Senate’s resolutions on the excessive bank charges goes beyond the debate stage, so that whatever action the Upper Legislative Chamber takes, would come into effect.
“This Senate has done this many times before; when there was a hike in the mobile telecommunication data charges, we intervened and put an end to that. When there were discrepancies and increases in electricity prices, we also took action. We have done this on a number of similar cases. Therefore, on this, I want us to take effective resolutions,” Saraki said.
Other Senators who contributed to the debate, called on banks to review their charges.
“The common man is also a victim,” said Senator Emmanuel Bwacha, “Banks declare profits and you wonder where these profits are coming from — it’s from the sweat of the common man. Let us come up with a law that puts banks on their toes.”
“It won’t be out of place to institute a committee that will call on the CBN to tell us what these charges are about. The Senate by fiat should abolish charges if they can’t be verified,” said Senator Bala Ibn Na’Allah.
“The Senate must take a serious stand on this issue. Nigerians are really suffering. The banking system is not encouraging. I had an issue, took it to the bank and was refunded but how many Nigerians can do this? The issue needs to be addressed,” stated Senator Kabiru Gaya.
“For me, this is a major step that we are taking. This is because I introduced the first ATM machine that came into Nigeria over 25-years ago,” the Senate President, Dr. Saraki told his colleagues, “Now, after 25-years, we should have grown out of these excessive charges and moved on. So, I believe that this something that we must address to create an environment that protects all Nigerians, because these kind of charges in this economy affects everyone.”
The Senate further directed its Committees on Banking, Insurance & other Financial Institutions and Finance to conduct an investigation into the propriety of ATM card maintenance charges in comparison with international best practices and report back to the Senate.
The Senate also directed the aforementioned committees to invited the Governor of the CBN to appear before it to explain why the official charges as approved by the CBN are skewed in favour of the banking institutions as against the ordinary customers of the banks.
Finally, the Senate called on the Consumer Protection Council to look into the various complaints of excess and unnecessary charges by Nigerian Banks.
Bill Tracker: National Student Financial Aid Scheme Bill
If you are a Nigerian undergraduate studying in Nigeria or abroad, you might have at some point wondered why government scholarships and bursaries to students in tertiary institutions have all but dried up. Well, there is a reason why.
Upon assuming office, the Buhari-led administration pulled funding for many government scholarships and bursaries leaving many students distraught and unable to complete their studies. In 2017, the President of The Senate, Dr Bukola Saraki, on the sidelines of the 137th Assembly of the Inter-Parliamentary Union, met with Nigerian students in Russia to hear first-hand the plight of those whose scholarship funding had dried up. Most of them felt abandoned by Nigerian authorities and had become stranded; barely able to make ends meet.
Speaking with them, Dr Saraki noted that the feeling of abandonment must be quickly dissipated by working urgently to alleviate the difficulties faced by these students. According to him “we must look for ways to reestablish the pipelines and remove the bottlenecks, so that our students who went abroad with the promise and assurance of scholarship funding, will get their stipends as at when due” .
Back here in Nigeria, parents and guardians find that they cannot rely on government awarding scholarships or bursaries to students of public tertiary institutions as a means of supporting the education of their wards. It has become critical to come up with solutions to the problems of financial aid being faced by Nigerian students both locally and internationally.
It was in response to this that Senator Isah Misau (Bauchi Central) sponsored the Student Financial Aid Scheme Bill. The Bill seeks to provide for the granting of loans to eligible students at higher institutions and repeal the provisions of the Nigerian Education Bank Act 2004.
The Student Financial Aid Scheme Bill went for the first reading in the National Assembly on the 20th of October, 2015 and second reading on the 15th of November, 2017. Lending support to the bill, Senator Sam Egwu (Ebonyi South) recalled that he benefited from scholarship in the old Anambra state and that the scheme would help indigent students studying in higher institutions.
The function of the bill shall be to:
– Develop criteria and conditions for the granting of loans and bursaries to eligible students in consultation with the Minister of education.
– Raise funds in accordance to section 13 (1) of the bill.
– Recover loans
– Maintain and analyze a database and undertake research for the better utilization of financial resources
– Maintain and analyze a database and undertake research for the better utilization of financial resources
– Advise the Minister on matters relating to student financial aid
– Perform other functions assigned to it by this Act or by the Minister.
The power of the scheme includes the power to:
– Promote and control staff as may appear to the scheme necessary and expedient
– Dismiss, terminate, consider the resignation or withdrawal of appointment and exercise disciplinary control over the staff of the scheme, other than the Director-General.
The Student Financial Aid Scheme Bill shall maintain a fund which will consist of:
– Money appropriated by the National Assembly
– Foreign aid and assistance from bilateral and multilateral governments and agencies;
– Interests repaid or repayable by borrowers
– Any other assets that may from time to time accrue to the scheme.
The Bill as of now has been referred to the Committee on Tertiary Institutions and TETFUND.
Source: www.thepublicsenate.com.ng
Duty Of Police Is Not To Recover Debts
In the case of A.C (O.A.O) Nig Ltd V. Umanah (2013) 4 NWLR (Pt 1344) Page 323 the Court of Appeal held that:
“The statutory duties of the police under the Police Act is to maintain peace, law and order in the society. Debt collection or loan recovery is not within the purview of the statutory duties and powers of the police”.
Learn and Share
@legalnaija
Happy World Food Day
Millions of Nigerians are currently facing food shortages and many more cannot afford to feed their families adequately.
As we all celebrate World Food Day, lets remember to be a blessing to others.
#worldfoodday #worldfood
Constitutional Requirements For Aspiring To The Office Of The Nigerian President
This
article was first published on 17/10/2014;
however due to the Constitutional Amendment signed by President Buhari on the
#Nottoyoungtorunbill, it is necessary that we amend the post to reflect the
necessary reforms.
article was first published on 17/10/2014;
however due to the Constitutional Amendment signed by President Buhari on the
#Nottoyoungtorunbill, it is necessary that we amend the post to reflect the
necessary reforms.
General elections in Nigeria are fast approaching, political
parties, candidates, partythugs agents, INEC and the whole country is
immensely interested in how events at the elections will play out.
parties, candidates, party
immensely interested in how events at the elections will play out.
This post seeks to educate on constitutional requirements for
contesting presidential elections in Nigeria,
contesting presidential elections in Nigeria,
The Constitution provides for the law regarding eligibility into
the position of the President and other electoral positions such as the
position of the Governor, Senators and members of the National and State
Assemblies. Section 130 of the 1999 Constitution says that “there shall be for
the Federation, a President” and such “President shall be the Head of State,
the Chief Executive of the Federation and Commander- In –Chief of the Armed
Forces of the Federation”.
the position of the President and other electoral positions such as the
position of the Governor, Senators and members of the National and State
Assemblies. Section 130 of the 1999 Constitution says that “there shall be for
the Federation, a President” and such “President shall be the Head of State,
the Chief Executive of the Federation and Commander- In –Chief of the Armed
Forces of the Federation”.
Qualification to the position of the President is provided for in
Section 131, which states that – A person shall be qualified for election to
the office of President if –
Section 131, which states that – A person shall be qualified for election to
the office of President if –
- he
is a citizen of Nigeria by birth;
- he
has attained the age of forty – years.
- he
is a member of a political party and is sponsored by that political party;
and
- he
has been educated up to at least School Certificate level or its
equivalent.
However, on May, 31, 2018; via what has now been popularly recognized as
the #NotToYoungToRunBill, President Buhari, On the say, Section 131 (b) and (c) was amended by substituting the
provisions with new provisions as follows: A person shall be qualified for
election to the office of the President if –
the #NotToYoungToRunBill, President Buhari, On the say, Section 131 (b) and (c) was amended by substituting the
provisions with new provisions as follows: A person shall be qualified for
election to the office of the President if –
(b) he
has attained the age of thirty-five years;
has attained the age of thirty-five years;
It is the duty of INEC to appoint a date for election into the
office of the President and the elections must hold on a date not earlier than
sixty days and not later than thirty days before the expiration of the term of
office of the last holder of that office as provided in Section 132.
office of the President and the elections must hold on a date not earlier than
sixty days and not later than thirty days before the expiration of the term of
office of the last holder of that office as provided in Section 132.
A candidate for an election to the office of President shall be
deemed to have been duly elected to such office where, being the only candidate
nominated for the election –
deemed to have been duly elected to such office where, being the only candidate
nominated for the election –
- he
has a majority of YES votes over NO votes cast at the election; and - he
has not less than one – quarter of the votes cast at the election in each
of at least two-thirds of all the States in the Federation and the Federal
Capital Territory, Abuja, but where the only candidate fails to be elected
in accordance with this section, then there shall be fresh nominations.
(section 133)
Section 136 provides that if the person elected as President dies
before taking the Oath of Allegiance and oath of office, or is for any reason
is unable to be sworn in, the person elected as his Vice-President shall be
sworn in as President. However, when both die before the inauguration of the
National Assembly, INEC will have to conduct fresh elections.
before taking the Oath of Allegiance and oath of office, or is for any reason
is unable to be sworn in, the person elected as his Vice-President shall be
sworn in as President. However, when both die before the inauguration of the
National Assembly, INEC will have to conduct fresh elections.
As stated in the Constitution, the following people are
disqualified from seeking elections into the office of the President-
disqualified from seeking elections into the office of the President-
- persons
who have voluntarily acquired the citizenship of another country other
than Nigeria
- he
has been previously elected as President twice
- he
is under a death sentence imposed by a competent court of law or tribunal
- within
10 years before elections, he has been found guilty and sentenced of a
crime involving dishonesty or contravention of the code of conduct.
- he
is an undischarged bankrupt
- he
is employed into the civil or public service of the Federation or of any
State, he has not resigned or retired from the employment.
- he
is a member of any secret society
- he
has been indicted for embezzlement or fraud by a Judicial Commission of
Inquiry or an Administrative Panel of Inquiry.
- he
has presented a forged certificate to INEC
- he
has been adjudged a lunatic or person of unsound mind.
The position of the President is a very sensitive one as such
person is the leader of the nation, he determines a lot about policy
development and execution and as such must be a person with a heart to serve
and the drive to move the nation forward. Everyone who is eligible to vote in
the coming election is urged to vote wisely and not sell their votes.
person is the leader of the nation, he determines a lot about policy
development and execution and as such must be a person with a heart to serve
and the drive to move the nation forward. Everyone who is eligible to vote in
the coming election is urged to vote wisely and not sell their votes.
Adedunmade Onibokun, Esq
@adedunmade
dunmadeo@yahoo.com
Adedunmade is a lawyer who practices in Lagos, Nigeria.