In The Matter of Trademark “TIDE” v. “TIDI”
Procter & Gamble v. Liby-Tidi Nigeria Limited
Trademark Opposition (Nigeria)
SUMMARY OF OPPOSITION
Following an advertisement in the Nigerian Trademarks Journal, the Opponent — Procter and Gamble filed an opposition at the Trademark’s Registry in Nigeria, against the application to register “TIDI” for branded products marketed by Liby-Tidi Nigeria Limited.
The Opponent asserted that “TIDI” was confusingly similar both phonetically and on examination of the packaging getup to their trademark “TIDE,” with respect to the same class of goods. The Opponent was able to establish that they had valid, subsisting and up-to-date renewals of the trademarks “TIDE” and “TIDE & Device” in Nigeria and that they had supporting records of previous shipments and advertisement of Procter & Gamble’s “TIDE” to Nigeria.
The Opponent subsequently notified the National Agency for Food and Drug Administration and Control (NAFDAC) of the Trademark’s office refusal of Liby-Tidi’s application, and made a formal application for NAFDAC to deregister Liby-Tidi Nigeria Limited from manufacturing and selling such branded products in Nigeria.