TRADEMARK PROTECTION AND THE DOCTRINE OF PASSING OFF IN NIGERIA’S INFORMAL MARKETS: EVALUATING ENFORCEMENT CHALLENGES IN ALABA, ONITSHA, AND ABA TRADE ECOSYSTEMS

Abstract

Trademark protection and the doctrine of passing off play critical roles in safeguarding commercial identity, consumer trust and market integrity in modern economies. In Nigeria, however, enforcing these legal protections remains particularly challenging within informal market structures, which account for a substantial proportion of commercial activity. This article critically examines the effectiveness of trademark law and the doctrine of passing off in three major informal trading centres: Alaba International Market in Lagos State, Onitsha Main Market in Anambra State and Ariaria Market in Abia State. It argues that although the Trade Marks Act provides a statutory framework for protecting registered trademarks, enforcement within these markets is undermined by institutional limitations, socioeconomic realities and inadequate regulatory oversight. The article further examines the continuing relevance of the common law doctrine of passing off as a complementary mechanism for protecting commercial goodwill where formal trademark registration is absent or impracticable. Using doctrinal, socio-legal and comparative research methodologies, the article demonstrates that enforcement challenges arise not merely from deficiencies in the law but also from structural factors associated with economic informality and institutional fragmentation. It concludes that a hybrid enforcement model combining legal reform, administrative cooperation, engagement with market stakeholders and increased public awareness of intellectual property rights is necessary to bridge the gap between formal intellectual property law and informal commercial practices in Nigeria.