INTRODUCTION
The name of a company is a powerful part of its identity and brand equity. However, many business owners overlook a critical step in safeguarding the key identifiers that are associated with their brand: Intellectual Property protection. A common misconception is that registration of a company or enterprise with the Corporate Affairs Commission (CAC) alone automatically secures exclusive rights. Contrary to this erroneous belief, a recent dispute has brought this misconception into the forefront of
this discuss, igniting debates in the media space as well as within the professional business community.
A Lagos-based bakery whom had secured trademark registration for “FASTEST CAKES” in 2021, discovered recently that another business was operating under the same name, having only registered it as a business name with CAC in 2025. The ensuing clash highlighted a crucial legal reality: corporate identity is not the same as brand identity.
In a bid to avoid being trapped in an unpleasant situation as the Fastest Cakes ordeal, particularly in an increasingly competitive marketplace, it should be noted that Intellectual Property protection is not optional for brands, it is a strategic necessity. While incorporation provides a vehicle for doing business, trademark registration provides an armor for protecting the identity of the Business. Without trademark protection, another party could adopt a similar name, leaving the business with limited remedies, since the exclusive right to a mark generally arises only when it is registered. This highlights the importance of treating CAC and trademark registrations as complementary rather than interchangeable mechanisms for protecting corporate identity.
