BELL SONS AND CO. V. GODWIN AKA AND ANOR

G. B. A. COKER, J.S.C. (Delivering the Leading judgment): This appeal concerns the ruling of the High Court, Lagos (Caxton-Martins J.) given on the 27th April, 1967, whereby the application of the respondents to register a trade mark No. 173091 in Class 3 in the Register of Trade Marks was granted. On the 2nd March, 1967 and by virtue of an application of that date, the present respondents, as applicants, applied to the High Court, Lagos, for "an order pursuant to section 19(2) of the Trade Marks Act that, notwithstanding the opposition by the objectors to the registration of the trade mark No. 173091 in Class 3, the registration be proceeded with by the Registrar of Trade Marks". The application is supported by an affidavit stating in effect that the application for registration of their trade mark was duly advertised in the Nigerian Official Gazette Extraordinary and that the objectors, now appellants, had objected to the registration on the grounds set out in the notice of objectio…