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FAPA CO. LTD
V.
OCEAN WAVES CORPORATION LTD & ANOR

(2017) JELR 38247 (CA)

Court of Appeal 22 Mar 2017 Nigeria
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- The dispute centered on the registered proprietorship of the trademark "Qlink" (Class 9). Fapa Company Limited (Appellant) claimed entitlement to registration, but its initial suit was struck out for prematurity, and its subsequent appeal

Case Details

Suit Number:CA/L/1261/2014
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Counsel:Patrick Osu, Esq. with him, Olumide Akinnimi, Esq. For Appellant E. Anikwem, Esq. with him, O. Sowunmi, Esq. for the 1st Respondent. 2nd Respondent absent and not represented by counsel. For Respondent

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 The further appeal by the Appellant against this decision was withdrawn.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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