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FAPA COMPANY LIMITED v. OCEAN WAVES CORPORATION LIMITED & ANOR

(2017) JELR 38247 (CA)

Court of Appeal  •  CA/L/1261/2014  •  22 Mar 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU A. OGAKWU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is rooted in the disceptation in respect of the registered proprietor of the trademark "Qlink" in Class 9 of the Trademarks Register. It will be luciferous to elucidate on the provenance of this matter. The 1st Respondent had applied to the 2nd Respondent for registration of the trademark "Qlink". The Appellant objected to the registration and subsequently filed an action claiming, inter alia, a declaration that it is the person entitled to be registered as the proprietor of the said trademark. The Appellants action was struck out by the Court for being premature. The further appeal by the Appellant against this decision was withdrawn.

Thereafter the 1st Respondent commenced proceedings at the Federal High Court in Suit No: FHC//CS/148/2000: Ocean Waves Corporation Ltd v. The Registrar of Trademarks, claiming reliefs which undoubtedly affected the interest asserted by the Appellant in the trademark "Qlink". The act…

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