The Legal Status of Stage Names in Nigeria: First Use vs. First Filing Under the Trade Marks Act.

In the Nigerian entertainment industry, commercial success is increasingly driven not merely by creative output but by the strength of legal protection accorded to one’s brand assets. Among these assets, stage names, often assumed to be mere artistic expressions , are, in fact, one of the most valuable forms of intellectual property.

Yet, a critical legal misconception persists: that popularity equals ownership. Under Nigerian law, this presumption is incorrect.

Statutory Position
Ownership Arises from Registration, Not Reputation The Trade Marks Act (1965, Cap T13, Laws of the Federation of Nigeria 2004) adopts a first-to-file regime.

Section 2 of the Act expressly defines a registrable mark as any name, label, or device capable of distinguishing the goods or services of one entity from another. Importantly, the Act does not confer automatic rights upon mere prior use or notoriety, as obtainable under common law passing off in some jurisdictions.

Accordingly:
An artist may achieve widespread recognition under a stage name, yet another party who files for registration first acquires superior legal rights to that name, even against the original user.

This position has been affirmed in several disputes across various sectors, where courts have held that registration supersedes public association, save where a claimant can prove substantial goodwill and deception under the tort of passing off, a costly, burdensome, and uncertain route.

Commercial Implications for Artists and Creators
The entertainment economy has evolved beyond live performances and streaming revenues.

A stage name now operates as:
● A trade identifier used across merchandise, endorsements, publishing rights, and digital platforms;

● A negotiable asset in branding, franchising, and corporate partnerships;

● An enforceable legal instrument, capable of litigation or licensing.

It is therefore unsurprising that leading Nigerian artists such as Wizkid (Ayodeji Balogun), Davido (David Adeleke), and Burna Boy (Damini Ogulu) took early steps to formally register and secure their stage names in multiple jurisdictions. By doing so, they transitioned their identity from persona to property.

Why Delay is Legally and Financially Risky
Failure to register a stage name exposes an artist or content creator to the following risks:

1. Hijacking or speculative filings by third parties, particularly in foreign markets

2. Inability to enforce rights against counterfeit merchandise or impersonation

3. Loss of control over licensing and royalty negotiations, as legal ownership becomes ambiguous.

In an era where digital identity is monetized at scale, brand control is no longer optional, it is a strategic imperative.

Conclusion
A stage name is not an informal alias, It is intellectual property, capable of accruing significant commercial value.

However, its enforceability is only as strong as the legal framework protecting it. Popularity may command attention, but registration commands authority.