Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama - Business - Nairaland
Nairaland Forum › Nairaland General › Business › Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama (12132 Views)
| Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Chukwuedookwuob(op): 6:11pm On Jan 22 |
The year 2026 promises to be an interesting one and it indeed began with an unexpected legal lesson – served not in courtroom, but on social media. Barely weeks in, social media was already on fire over the use of the name ‘Ratel’- and beneath the noise was a serious legal issue many entrepreneurs don’t understand: business names are not trademarks. On or around January 19, 2026, Entrepreneur Blord took to social media to announce that he had trademarked the name “Ratel” and directed his Senior Advocate of Nigeria (SAN) to issue a cease-and-desist letter to online personality VeryDarkMan (VDM), insisting he stop using the name. In response, VDM released what he says is evidence he trademarked Ratel, The Ratel, and The Ratel Gang since September 2024 - predating Blord’s claim, sending social media into a frenzy of arguments, opinions, and legal interpretations. The Ratel social media brouhaha might have started as online banter, but it’s a real-world cautionary tale. For entrepreneurs in Nigeria - particularly those building online followings and digital products - trademarks are now as important as the business names you choose. Without them, even a widely recognised brand can find itself in a legal tug-of-war — just like Ratel. Registering a business name is just the first step. Protecting your brand through trademark registration is the one that turns a name into a legally enforceable asset. This isn’t just celebrity drama. It highlights a crucial distinction every business owner must understand: the difference between registering a business name and owning a trademark. 1. Business Name Registration: Legal Existence, Not Exclusive Rights In Nigeria, entrepreneurs must register their business name, company, or partnership with the Corporate Affairs Commission (CAC) before starting operations. This: • Confirms that your business has a legal identity. • Prevents others from registering a similar business name under CAC rules. • Allows you to open bank accounts, enter contracts, and operate legitimately. • However, business name registration does not give you exclusive rights to use that name across the market or prevent others from using the same name for their own brand or product. In the Ratel situation, even if VDM or Blord registered a business with the name Ratel, that does not automatically give them exclusive “ownership” of the brand in the legal sense that trademark law recognises. 2. Trademark Registration: Protecting Brand Identity A trademark is a unique sign, logo, word, or phrase that identifies your goods or services and distinguishes them from competitors. Trademark registration goes beyond mere name use - it grants legal rights and exclusive use in connection with specific goods or services in defined classes. Here’s what trademark registration gives you: •Exclusive rights to use the mark in connection with the goods/services you registered it for. • The legal basis to stop others from using the same or a confusingly similar mark in the same class. • Stronger protection in court - without registration, your claim depends on proving goodwill and reputation, which is harder and costlier. • A valuable intangible asset you can license, sell, or franchise. In the Ratel dispute, a trademark like Ratel could be registered in different classes - for example, one for digital financial services (Blord’s Ratel app) and another for entertainment or personal branding (VDM’s identity). Where trademarks are registered in different classes, identical names can legally co-exist, since trademark rights do not automatically extend beyond the specific goods or services covered by the registration. This is why trademark disputes are not decided by who shouted first online, but by filing dates, classes of registration, and the nature of the goods or services involved. 3. Why Many Businesses Get It Wrong A common misconception among entrepreneurs - especially those who grow popular online brands - is believing that simply using a name (or registering a business with that name) gives them the legal right to own and enforce it. It doesn’t. Business name registration protects your legal status as an operating entity. Trademark registration protects your brand identity in the marketplace and your ability to enforce exclusive use against competitors in the same class. Without a registered trademark: • You risk someone else successfully registering the name as their mark and potentially blocking your use. • You bear the burden of proving your reputation and rights in court if the matter turns into litigation. • You limit your ability to monetise your brand equity through licensing or franchising. 4. Practical Takeaways for Nigerian Entrepreneurs Here are key points to take away from the Ratel episode: ✔ Register Your Business Name (CAC) This ensures your enterprise is legally recognised and compliant. ✔ Trademark Your Brand Name & Logo If you care about market exclusivity, customer recognition, and legal enforceability, trademark registration is essential. ✔ Do Your Searches First Before choosing a business or brand name, conduct both: a CAC business name check a trademark search This reduces the risk of future disputes and costly rebranding. ✔ Understand Trademark Classes Trademark rights aren’t automatically universal - they apply to specific categories of goods and services. Two parties can use the same word in different classes legally.
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| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Namaster: 6:29pm On Jan 22 |
GREAT piece! Addresses the CORE issues. The idea that somebody that registered a Trademark this year has rights that SUPERCEDES that of a person using that name to run a LEGITIMATE BUSINESS since the previous year is RIDICULOUS. He registered the TM of an active business and immediately issued a CEASE and DESIST. That's how you'll know a person with TOO MUCH money and NOT ENOUGH sense. There is the issue of COMMON LAW TM RIGHTS. And then there is the issue of CLASS, i.e whether both businesses are using the same name within the same INDUSTRY. Great thing about this is VDM is NOT a pooooosey that'll CAPITULATE without a fight. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by techbro1: 10:20am On Jan 23 |
Drama filled country. Toh |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Jamesclooney: 10:20am On Jan 23 |
They’re both irrelevant. That’s how we promote nonentity online celebrities like Peller and Egungu. Next! |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Vixenn(f): 10:22am On Jan 23 |
Jamesclooney:Lol You are irrelevant_ VDM is not |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by dfrost: 10:26am On Jan 23 |
Vixenn:So he is relevant to you, how please? Educate us. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Nwaikpe: 10:27am On Jan 23 |
VDM is an attention seeker BLord is a scammer now seeking relevance from the attention seeker. Nigerians don't know the meaning of real celebrities. The day a real celebrity (iShowspeed) came to Nigeria, all our fake celebrities started showing their true colors (a disgrace). |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Julibet: 10:33am On Jan 23*. Modified: 1:14pm On Jan 23 |
Nwaikpe:That you think a streamer is a celebrity shows how you think. Of all the things that plague us in this country, you think matured people give two cents about Speed? How does Speed add to Nigerians? Anyway na Gen Z matters sha... Carry on. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by sholikay(m): 10:34am On Jan 23 |
Wow..very educative.... It would be good for nairaland,if 80% of educative post like this, grace the front page always... |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Badgers14: 10:35am On Jan 23 |
Namaster:If Blord registered the trademark and it was "Approved".. case closed.. non of these things you are saying matters.. Typically before trademarks are approved, theres usually a publication.. the idea is for anyone that have objection to speak up , like if the registration would violate their own business interest.. And the trademark office usually do their own research as well.. to avoid legal jeopardy.. Also, most people dont even know VDM's real name, they just know VDM/Verydarkman.. likewise most people dont know him by ratel movement, they only know VDM. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by johannesburg(m): 10:36am On Jan 23 |
Nwaikpe:Shame just dey catch me. So the meaning and making of a celebrity as claimed by you is to stream like speed and be known as celebrity 😂😂😂😂. You must be garri ati ewa fellow. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Hypnotise: 10:39am On Jan 23 |
In future, and with advancements in AI and crypto, the process of registering trademarks, ownership verification and the likes will gradually be replaced by “minting” on the blockchain. This is because more people would be able to prove ownership since all information is registered on the digital database. Anyone can trademark anything from their parlour. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by eyenogoquiet(m): 10:39am On Jan 23 |
I read lessons on trade mark and business name. What about the lessons from the ratel drama ?? |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by allen113: 10:44am On Jan 23 |
Educative post like this still dey one page? Thank God I've learnt something new today |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by LabStores: 10:44am On Jan 23 |
I thought they said the other guys registered since 2024... He doesn't know the difference between CAC card and trademarking? |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Nobody: 10:52am On Jan 23 |
Jamesclooney:Nigeria is a country full of nonentities |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by InvestSmart(f): 10:57am On Jan 23 |
Oh yes! It's a great enlightenment and lessons (gathered knowledge) and learnable insights gotten from 2 baby men exhibiting youthful exhorbirance instead of maturity in dealing with each others and situations. allen113: |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by ILoveNG: 11:06am On Jan 23 |
I have a question Lawyers and experts in the house. What if a brand registered a name with the CAC first, and then years later another brand in the same class registered the same name and went further to trademark it. Can the first brand that registered years earlier without trademark challenge the recent trademark of the new brand? I think a lot of entrepreneurs really need this type of knowledge |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Blunt99: 11:09am On Jan 23 |
CAC is incharge of branding. Which body is incharge of Trade Mark? That was not answered in the post |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by osuofia2(m): 11:13am On Jan 23 |
Nothing said to clarify the vdm and blord drama, who owns the copy right? |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by dfrost: 11:16am On Jan 23 |
Blunt99:Nigerian Industrial Property Office (NIPO) |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Neoteny(m): 11:36am On Jan 23 |
Chukwuedookwuob:Thanks, ChapGPT (Enough Original Content) |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Israel5(m): 11:38am On Jan 23 |
Instead of learning and seeking ways to better position your brainchild or business, some of you are here arguing about who is a celebrity and who is not. Are you not daft?! Whether they are or not, their lives are way better than the people who argue about them. You just derail an educative topic like this because there are two innovative online personalities involved. ☹️ |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by uniquetechng: 11:48am On Jan 23*. Modified: 2:32pm On Jan 23 |
Badgers14:VDM initially registered three classes out of the 45 available trademark classes in 2024 but went on to register the remaining 42 classes to take Blord unaware, that's smartness. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by uniquetechng: 11:49am On Jan 23 |
LabStores:VDM did both trademark and CAC in 2024. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by ArcFresky(m): 12:04pm On Jan 23 |
Badgers14:You didn’t read and understand. BLORD did a trademark, Yes but under the Financial Class. VDM did his, under a different class. So what OP states is, Names can coexist under different classes. So the main question is, What classes hold the trademark Ratel. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Badgers14: 1:03pm On Jan 23 |
ArcFresky:I dont think trademark works like that.. why? To avoid confusion.. Just so you know, I am not taking sides ooo.. . ,personally I don't think thier online feud is real... I just pity folks online carrying the issue on their head like gala.. I think eventually 2 of them will work together on projects and make more money.. this online brouhaha is giving 2 of them the online exposure they want for their different trades.. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by SpaceX: 1:18pm On Jan 23 |
Some said you can't trademark an animal. |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by do4luv14(m): 1:18pm On Jan 23 |
Badgers14:You are right, Thing is that I don't think there was/is a publication made to that affect, and Blood doesn't have a right to issue cease and desist order on VDM Secondly knowing our country as it is, something might had been done for that Blord trademark to be approved, And as the poster rightly said, Blord own is more like fintech, different from that of VDM, It's the Trademark office that needs to publish and clarify these situation involving both, Again Blord had no right to order cease and desist on VDM My 2cents on the matter |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by Badgers14: 1:30pm On Jan 23 |
do4luv14:The cease and desist letter might be just for him to trend/a PR stunt... Recall, cease and desist letter is not usually actionable.. but again anyone with a filing fee can file a lawsuit.. but again, what will be the remedy?? |
| Re: Business Names Vs Trademark Registration: Lessons From The “Ratel” Drama by do4luv14(m): 1:40pm On Jan 23 |
Badgers14:The remedy is leave to the type of Trademark laws we practiced as a country, cos that law differ from countries and continents |
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