In The Matter of Trademark “SEMPERMED” Application
Trademark Opposition (Nigeria)
SUMMARY OF OPPOSITION
Although the Opponent Semperit GmbH of Austria did not register the trademark “SEMPERMED” in Nigeria, using a watch service, they were alerted that an advertisement of their well-known mark was made by another Applicant in the Nigerian Trade Marks Journal.
In order to prevent the registration, the Opponent established that the Applicant was a former local distributor of the Opponent who was aware of the Opponent’s proprietary rights, and had not been granted any authority by them to register the mark in Nigeria. They were also able to show prior use within Nigeria, by proving copies of orders, invoices, and shipment records of “SEMPERMED” branded products ordered from them and shipped to the Applicant in Nigeria, prior to the date the Applicant applied to register as the proprietor of the trademark in Nigeria.