CASE DIGEST - TRADEMARK DISPUTES: THE FEDERAL HIGH COURT DOES NOT HAVE ORIGINAL JURISDICTION OVER MATTER RELATING TO TRADEMARK DISPUTES

NULEC INDUSTRIES PLC v. DYSON TECHNOLOGIES LIMITED; REGISTRAR OF TRADEMARKS

SUPREME COURT OF NIGERIA

(NWEZE; AUGIE; OGUNWUMIJU; ABUBAKAR; AGIM, JJ.SC)

On the 11th of February 2011, Nulec Industries Plc (Appellant) made an application to the 2nd Respondent for the registration of Air Amplifier, Air Multiplier and Bladeless Fan, as Trademarks. In the acceptance form dated 16th of February 2011, it was specified by the 2nd Respondent that the said Trademarks will in due course be advertised in the Trademark Journal, further to which the Trademarks were published in the said Trademark Journal on the 15th of September 2012. Meanwhile, on 7th December 2011, the 1st Respondent filed a Notice of Opposition to the said registration, and in response, the Appellant filed its Counter-Statements.