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BRITISH AMERICAN TOBACCO (NIGERIA) LIMITED v. GALLAHER LIMITED

(2016) JELR 36872 (CA)

Court of Appeal  •  CA/L/830/2012  •  24 May 2016  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of Archibong J, delivered on 28th May, 2012 in respect of the Appellant's Dorchester Trade Mark RTM 62627 in Class 34 that it should be expunged from the Register of Trademark on ground of None use of the Trademark in Nigeria by the Appellant.

The Appellant being dissatisfied filed a Notice of Appeal dated 6th June, 2012 on five grounds.

The facts of this case is that the Respondent filed an Originating Motion on Notice dated 23rd July, 2010 for an order that the register of trademarks be rectified by the expunging therefrom the whole entry of trade mark No: 62627 from the register of trade marks.

The Appellant's brief settled by Y. A. Kadiri, Esq. Y. M. Nwidaa Miss of Messer Jackson, Etti and Edu and is dated 12th May, 2014 and filed same date.

?The Appellant formulated 3 issues for determination thus:

"(a) Whether in view of the fact that there had been a prior pending action …

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