For small business owners and content creators building a brand alongside a community, I think this is an opportunity to learn something important.
Under Nigerian trademark law, ownership is not about who made a name popular. It is about who registered it as the law runs a "first to file" system, not a "first to blow" system.
The exclusive right to a trademark is acquired by registration. Once a mark is registered, the law gives the registered proprietor the exclusive right to use it for the goods or services it covers. So yes, VDM made “Ratel” popular, no doubt. But popularity without registration is not ownership.
If Blord has validly registered “Ratel”, the law recognises Blord as the legal owner of the trademark.
The name "Ratel" is not new and has been used by various companies in various sectors and Nice classification system. So whether Blord uses it in technology and VDM uses same in philanthropy, it is up to their lawyers to argue their case. Lawyers need to chop too.
Prior use does not confer ownership because this is something only registration does. The Trade Marks Act merely protects a prior user from being stopped within the exact goods or services they were already using the mark for and nothing more. Prior use cannot override a later registration in an unrelated class nor does popularity expand its scope. While registration creates ownership, prior use only preserves existing use, allowing both to co exist in different classes.
Now, does prior use count for nothing? Not exactly. Let me bring out my glass of water first.
An earlier user who didn’t register can rely on passing off, which is a common law claim. That requires proving goodwill, misrepresentation and damage, a much higher bar. It is not automatic ownership and it does not defeat a valid registration unless bad faith is clearly shown. Is there bad faith between these individuals and use of the name? Happy to hear your thoughts.
Also, unless “Ratel” qualifies as a well known mark under Section 32 (which is a very high threshold), the registry and the courts will side with the registered proprietor.
So as you're building your brand, remember that CAC registration is not trademark ownership. Social media popularity is not trademark ownership. Being first online is not trademark ownership Only registration is.
Plus a kaikai individual who is also popular like you can decide to double play you and use the goodwill you've gathered to influence their own business even if it is totally unrelated. So always protect your brand.
This is not legal advice and there are exceptions as well. Consult a lawyer because that is how we make our living and chop money.
#TheMBN
Martin Beck Nworah