<p>OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (Lagos Division) which allowed the appeal of Allied Biscuit Co. Ltd. to that court. The proceedings originated from the applications of both parties for registration under the Trade Marks Act, 1965 (now Cap. 436, Laws of the Federation of Nigeria, 1990).</p><p> In June, 1977, the opponent (Allied Biscuits Co. Ltd) who are the respondents in this court filled an application to register &quot;RITZ&quot; as a trade mark after conducting searches in the Registry of Trade. The application was accepted and numbered 31795. Thereafter, Nabisco Inc., the appellants in this court, made an application for the same &quot;RITZ&quot; to be registered as their own trade mark. The application of the appellant was advertised in the Trade Marks Journal at the instance of the appellants (Nabisco Inc.). When the respondents noticed the advertisement they commenced opposition proceedings in the Trade Marks Registry.</p><p> Whe…</p>