BETWEEN
NABISCO INC ………………………………………………… APPELLANTS
AND
ALLIED BISCUITS COMPANY LTD ………………………………………… RESPONDENTS
Before Their Lordships
Salihu Modibbo Alfa Belgore, Justice of The Supreme Court of Nigeria
Idris Legbo Kutigi, Justice of The Supreme Court of Nigeria
Emmanuel Obioma Ogwuegbu, Justice of The Supreme Court of Nigeria
Uthman Mohammed, Justice of The Supreme Court of Nigeria
Anthony Ikechukwu Iguh, Justice of The Supreme Court of Nigeria
…………………….A…………………….
Ogwuegbu, JSC (Delivered The Leading Judgment):– This is an appeal against the judgment of the Court of Appeal (Lagos Division) which allowed the appeal of Allied Biscuit Co Ltd to that court. The proceedings originated from the applications of both parties for registration under the Trade Marks Act, 1965 (now Cap. 436, Laws of the Federation of Nigeria, 1990).
In June, 1997, the opponent (Allied Biscuit Co Ltd) who are the respondents in this Court filed an application to register “RITZ” as a trade mark after conducting searches in the Registry of Trade. The application was accepted and numbered 31795. Thereafter, Nabisco Inc, the appellants in this Court, made an application for the same “RITZ” to be registered as their own trade mark. The application of the appellants was advertised in the Trade Marks Journal at the instance of the appellants (Nabisco Inc). When the respondents noticed the advertisement they commenced Opposition Proceedings in the Trade Marks Registry.
When the matter came before the Registrar of Trade Marks, the learned Counsel for Nabisco Inc. raised a preliminary objection contending that there was no evidence before the Registrar on which the matter could proceed. Counsel filed a counter-statement which was served on the opponents (Allied Biscuit Co Ltd). It was the contention of the appellants before the Registrar that the respondents should have filed a Statutory Declaration upon receipt of their counter-statement pursuant to Regulation 51 of Trade Marks Regulation, 1967. After hearing arguments from both Counsel who appeared for the parties, the Registrar upheld the objection and adjourned for hearing. At the close of hearing and after considering the evidence, the Registrar refused to register the device “RITZ” as the appellants’ trade mark.
