A defensive trade mark registration is an important trade mark protection strategy that proprietors of well-known trade marks in Nigeria can employ. It extends legal protection beyond traditional trade mark classes, offering broader security against misuse, dilution, and infringement.
Under Section 5 of the Trade Marks Act (TMA), a trade markproprietor is granted rights over the registered mark forspecific goods or classes. However, Section 32 TMA allows the registration of well-known trade marks as defensive marks, protecting them even in unrelated goods or services to avoid dilution.