In the Matter of Trademark “SEMPERMED” Application
Trademark Opposition (Nigeria)
Year: 2009
SUMMARY OF OPPOSITION
The Opponent, Semperit GmbH of Austria, had not registered the trademark “SEMPERMED” in Nigeria. However, through a watch service, they were notified that an application to register their well-known mark had been advertised in the Nigerian Trade Marks Journal by another party.
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.
Additionally, the Opponent provided evidence of prior use in Nigeria, including copies of:
- Purchase orders
- Invoices
- Shipment records
These documents confirmed that “SEMPERMED” branded products had been ordered by and shipped to the Applicant in Nigeria prior to the Applicant’s trademark registration attempt.