RAIMI FAGBEMI & ANOR VS ONIRU & ANOR
August 26, 2025OBA ADEYINKA OYEKAN VS B.P. NIGERIA LTD
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 16211
In the Supreme Court of Nigeria
Fri Jan 28, 1972
Suit Number: SC. 134/68
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
SOWEMIMO A.G. JUSTICE, SUPREME COURT
PARTIES
BELL SONS & CO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant objected to the Respondents application to register a trademark. The Respondent applied to the High Court for an order that despite the objection, the registration should be proceeded with by the Registrar of Trade Marks. The Respondents application was granted.
HELD
The Supreme Court held that Exhibit AMF 2 sought to be registered by the applicant so clearly resembles that of the objectors, Exhibit AMF 1, so as to be calculated to deceive and that the learned trial Judge was wrong to have held otherwise. The appeal was allowed and therefore succeeds. The Judgement of the High Court was set aside and the order that the application of the applicants to register the design purporting to be trade-mark No. 173091 in Class 3 be dismissed.
ISSUES
Whether the learned trial Judge was wrong in law and on the facts in concluding, as he did, that the marks were dissimilar and that Exhibit AMF2 is not likely to be mistaken for the mark of the objectors.
RATIONES DECIDENDI
REGISTRATION OF TRADEMARK
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CASES CITED
Coca Cola Co of Canada Ltd. v. Pepel Cola Co. of Canada Ltd. (1942) 59 RPC 127
In re Trade Mark of John Dewhurst & Sons Ltd. (1896) 2 Ch. D. 137 at p. 148
STATUTES REFERRED TO
