OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This appeal against the judgment of Archibong J., delivered on 28 May 2012 in respect of the appellant’s Dorchester’ Trade MarkRTM 62627 in Class 34 that it should be expunged from the Register of Trademarks on ground of non-use of the Trademark in Nigeria by the appellant.
The appellant being dissatisfied filed a notice of appeal dated 6 June 2012 on five grounds.
The facts of this case is that the respondent filed an originating motion on notice dated 23 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 trademarks. The appellant’s brief settled byY.AKadiri Esq.,Y. M. Nwidaa
(Miss) of Messer Jackson, Etti and Edu and is dated 12 May 2014 and filed same date. The appellant formulated three (3) issues for determination thus: “(a) Whether in view of the fact that there had been a prior pending action between the parties herein on the …