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In The Matter of Trademark “DASH” Application

Procter & Gamble v. Classic Soap Industries Limited

Trademark Opposition (Nigeria)

2007

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 by Classic Soap Industries Limited (the Applicant) to register “DASH” for producing and marketing branded products in Nigeria.

Prior to the opposition, the Applicant had applied to register “DASH,” and was already producing and marketing branded products with NAFDAC registration, which was provisionally granted with support of trademark “acceptance form” issued by the Trademarks Registry pending the advertisement and possible opposition.

Procter & Gamble were able to establish that they had prior use to the trademark “DASH” in Nigeria, through evidence that showed their shipments and advertisements in Nigeria and that they had valid, subsisting and up-to-date renewals of the trademark “DASH” in Nigeria. The National Agency for Food and Drug Administration and Control (NAFDAC) was subsequently notified to de-register Classic Soap’s registration which was based on the Acceptance form issued by the Trademarks Registry.

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