Comparative Analysis Of The Remedy Of Rectification Under The Nigeria And Ghana Trademark Act

Abstract

Trademarks are frequently used by product owners to introduce their goods and services into the marketplace. The article investigates the remedy of correction in the Nigerian and Ghanaian Trademark Act in order to avoid a situation where similar trademarks are permitted to co-exist and later result in confusion. The paper takes a doctrinal stance that is based on tracing the following concepts: the definition of a trademark as a subset of industrial property; the justification for trademarks; trademark registration and the rights conferred by registration; trademark infringement; and the remedy of rectification as provided under the Nigerian and Ghanaian Trademark Acts. The study finds that in Nigeria and Ghana, laws have been passed to address the many trademark-related issues. These laws include detailed definitions of what constitutes trademark infringement and what qualifies as registrable trademarks.  The Act's single remedy for rectification is unquestionably burdensome in both geographic regions, as shown by the provisions, and the study makes the case for its revision in upcoming legislation.