AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): On 11/2/2011, the Appellant made an application to the second Respondent for the registration of Air Amplifier, Air Multiplier and Bladeless Fan, as Trademarks. In the Acceptance Form dated 16/2/2011, the second Respondent specified that the said Trademarks "will in due course be advertised in the Trademark Journal", and the Trademarks were published in the said Trademark Journal on 15/9/2012.
Meanwhile, on 7/12/2011, the first Respondent filed a Notice of Opposition to the said registration, and in response, the Appellant filed its Counter-Statements. However, while opposition proceedings were still pending, the Appellant, by an Originating Motion dated 14/2/2013, commenced Suit No. FHC/L/187/2013 at the Federal High Court, praying for the determination of the following questions:
1. Whether having regard to the provisions of Section 4(1) & (2) and Sections 12(1) & (2) and Part 1, Second Schedule (items 31 and 43) of the Cons…