Trademark protection is a vital aspect of intellectual property law, and it helps businesses to establish their brand identity and prevent infringement by others. In Nigeria, the Trademarks Act of 1965 provides for the registration and protection of trademarks, which includes words, logos, and other distinctive signs used to identify goods or services. While the Act does not explicitly prohibit the registration of service marks, it does not provide clear guidance on the issue.

On one hand, supporters of service mark registration argue that it is necessary to protect the interests of service providers and prevent unfair competition. By registering their service marks, businesses can establish their unique identity and prevent others from using similar marks that may confuse consumers or dilute the brand's value. Additionally, service marks can help to create goodwill and foster consumer loyalty, which is crucial for the success of service-based businesses.

On the other hand, opponents of service mark registration argue that it is unnecessary and could lead to abuse of the trademark system. They argue that service marks are inherently less distinctive than product marks and that their registration may lead to the monopolization of generic terms, which could limit the ability of other businesses to use those terms in a descriptive manner. Additionally, opponents argue that the registration of service marks could create confusion and ambiguity in the marketplace, as consumers may not be able to distinguish between similar service marks.

In Nigeria, there have been few cases that have specifically addressed the issue of service mark registration. However, in the case of Consolidated Breweries Plc v. Rehoboth Ventures Ltd (2014) 4 NWLR (Pt.1394) 545, the Court of Appeal held that a service mark is entitled to the same level of protection as a product mark. The court noted that the purpose of trademark law is to protect the interests of the trademark owner and prevent consumer confusion, regardless of whether the mark is used to identify goods or services.

In my opinion, services should be trademarked in Nigeria. The benefits of service mark registration, such as the establishment of brand identity, prevention of infringement, and creation of consumer loyalty, are crucial for the success of service-based businesses. Moreover, the registration of service marks can help to foster competition and prevent unfair practices, as businesses are able to differentiate themselves from others in the marketplace. While there may be concerns about the abuse of the trademark system and the potential for confusion and ambiguity, these issues can be addressed through appropriate guidelines and regulations. Overall, the registration of service marks can help to promote innovation, investment, and economic growth in Nigeria.