THE LEGAL STATUS OF AI-CREATED TRADEMARKS IN NIGERIA: PROSPECTS AND CHALLENGES

Abstract

As Artificial Intelligence (AI) is becoming increasingly indispensable within the creative and the commercial innovation ecosystems. Nigeria’s trademark landscape like those of many jurisdictions; is confronted with complex legal challenges arising from AI-generated intellectual properties. This study examines whether brand identifiers such as logos, symbols, or signs autonomously generated by AI satisfy the requirements for trademark protection under existing laws, and interrogates the unresolved questions of authorship and proprietorship, namely; whether ownership should vest in the machine, the user, or the software developer? Adopting a doctrinal research approach, the study analyses the Trade Marks Act CAP T13 LFN 2004, identifying critical gaps stemming from its implicit assumption of human creators and its failure to recognize non-human authorship. A comparative analysis is undertaken, drawing on policy developments and regulatory responses from institutions such as the World Intellectual Property Organization, European Union Intellectual Property Office, and United Kingdom Intellectual Property Office. The findings revealed that Nigeria’s current legal framework renders AI-generated trademarks legally uncertain due to its presumption of human proprietorship, compounded by institutional limitations and policy inertia. In response, the study recommends comprehensive legislative reform of the Trade Marks Act to explicitly address AI-generated works, the development of a national policy framework on AI and intellectual property, and the modernisation of the Trademarks Registry to enhance administrative efficiency. Collectively, these measures are essential for aligning Nigeria’s trademark system with global regulatory trends and fostering innovation-driven economic growth.