MUKHTAR JCA (Delivering the Lead Judgment): This appeal is against the decision of the Federal High Court Lagos, delivered by M.L. Shuaibu, J on 14 February 2005, wherein the learned trial Judge struck out the originatingmotionfiled by the applicant (the appellant herein) on 2 January 2004, on ground that it did not disclose reasonable cause of action and that the appellant lacked locus standi to institute the action. The reliefs sought for by the appellant in the originatingmotion dated and filed 2 January were as follows: “(1) An order that the register of trademarks may be rectified by expunging therefrom the whole entry relating to the above mentioned registered trademark No. 31795.
Alternatively, an order that the register of trademarks may be rectified by the deletion from the specification of goods for which the said trademark is registered of cereals, bread, biscuits, cakes, pastry, confectionery, ice honey, treacle, yeast and baking powder. An order that the costs of and i…