CORAM
S.M.A. BELGORE – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
A.I. IGUH – JUSTICE, SUPREME COURT
PARTIES
NABISCO INC. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Allied Biscuits Co. ( respondents) filled an application to register RITZ as trade mark after a search in the Registry of Trade, it was accepted and numbered 31795. Nabisco Inc., (appellants) also applied for RITZ as their own trade mark. It was advertised; when the respondents noticed the advertisement they commenced opposition proceedings in the Trade Marks Registry.
HELD
The appeal was dismissed.
ISSUES
1. Whether the Justices of the Court of Appeal were right in holding that an appellant who desires confirmation of the judgment of the court below on other grounds should either come by way of cross appeal or a respondent’s notice under Order 3 rule 14(1) of the Court of Appeal Rules which deals with variation of judgment.2. Whether the Justices of the Court of Appeal were right in their restoration of the ruling of the learned Registrar of Trade Marks instead of ordering a retrial having regard to all the irregularities and other circumstances they identified in the trial before the said learned Registrar of Trade Marks.
RATIONES DECIDENDI
CASES CITED
1. Lagos City Council v. E.A. Ajayi (I 970) Al l NLR (Reprint) 2932. Western Steel Works Ltd & Or. v. Iron & Steel Workers Union of Nigeria & Ors. (1987) 1 NWLR (Pt.49) 284; (1987) 1 NSCC 133 at 1423. National Society for the Distribution of Electricity etc. v. Gibbs (1900) 2 CH 280 at 2874. Elochin (Nig) Ltd v. Mbadiwe (1986) 1 NWLR (Pt. 14) 47.
STATUTES REFERRED TO
Trade Marks Regulations, 1967