MULTIBRAS S/A ELECTRODOMESTICOS V. PATERSON ZOCHONIS CO. PLC (UK) THE REGISTRAR OF TRADEMARK
(2006) JELR 51253 (CA)
Court of Appeal
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CA/L/252/98
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19 Jan 2006
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Nigeria
Coram
MUSA DATTIJO MUHAMMAD JCA (Presided) CLARA BATA OGUNBIYI JCA MOHAMMED LAWAL GARBA JCA (Read the Lead Judgment)
Appearances
Chief A. Odofin - for the Appellant .
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T. A. Olatunji - for the 1st respondent . 2nd respondent not represented.
Judgement
<p><strong> GARBA JCA (Delivering the Lead Judgment): </strong> The 1st respondent herein made an application on notice in Suit No. FHC/L/CS/1080/96 and prayed for the following reliefs:-</p><p>Extension of time within which to file an application for leave to apply for an order of <em> certiorari </em> . Leave to apply for an order of <em> certiorari </em> to remove into this honourable court and quash the acceptance of the application to register the trade mark “consul” made by the registrar of trade marks, notice whereof is referenced as No. RTM30634/ 81 dated 15th October, 1981. The application was pursuant to Orders3, rules 3 and 6 ofthe Supreme Court of England as applicable in Federal High Court and Order 12, rule 3 of the Federal High Court (Civil Procedure) Rules, 1976 Cap. 134 Federal High Court Act, 1990. It was supported by a statement setting out the description of the 1st respondent, the reliefs sought and the ground upon which the reliefs were sought as well as a 27 paragraphed affidavit sworn to by TaoheedAdebola…</p>