Oftentimes, and even more so in recent times, registered business names tend to coincide or clash with
registered trademarks, blurring the line between corporate identity and proprietary rights. While the
Companies and Allied Matters Act, 2020 governs the registration of business names, the Trade Marks
Act, 1967 protects distinctiveness in trade. Yet, the lack of a harmonised legal framework has allowed
overlapping registrations flourish. Adopting a doctrinal legal research methodology, this article
explores the legal and commercial implications of the co-existence of business names and trademarks
under Nigerian law, drawing insights from recent judicial decisions. It finds that the “first-in-time”
regimes adopted by both the Corporate Affairs Commission and the Trademarks Registry play a
pivotal role in determining which gives way, the business name or the trademark. It also finds that
although courts have, over time, lent preponderance to trademarks over and above business names,
statutory provisions and the doctrines of passing off and prior use constitute lacunas for business
names. Finally, it advocates practical reforms and provides actionable recommendations for business
owners to navigate the existing landscape.