Nigeria: Patents and Designs Registry Orders Jigsimur Plus to Stop Using Disputed Bottle Design

The Administrative Panel Division of Nigeria’s Patents and Designs Registry has ordered Jigsimur Plus Nigeria Limited to alter its registered bottle design, stop producing or selling products under the design and remove the name “JIGSIMUR.”

The panel issued the ruling on September 2, 2026, following a petition filed by Jigsimur SA Pty Ltd and Cleansimure International Ltd. The dispute concerned Industrial Design No. NG/DS/NT/O/2025/4804, registered by Jigsimur Plus as the “Jigsimur Label Bottle Design.”

Background to the Dispute

The petitioners alleged that Jigsimur Plus had previously served as the Nigerian agent and sales representative of Jigsimur SA Pty Ltd, a South African producer of herbal health drinks. According to the petitioners, that relationship ended on April 23, 2023. They argued that Jigsimur Plus was not authorised to register the JIGSIMUR label and bottle design in Nigeria.

They also alleged that the company registered the trademark “JIGSIMURPLUS” and later obtained registration for the disputed industrial design despite knowing that the design belonged to the petitioners. The petitioners claimed that the registration was made in bad faith and misrepresented the true ownership of the design. They relied on evidence that included trademark certificates, authorisation documents, correspondence, bills of lading, evidence of prior use and publication, and documents relating to the termination of the agency relationship.

Jigsimur Plus denied the allegations. The company maintained that it had been properly appointed as the Nigerian representative of Jigsimur SA Original Pty and that its industrial design registration complied with the applicable legal and administrative requirements. It also argued that the registration was valid and enjoyed a presumption of regularity.

Issues Considered by the Panel

The panel considered three principal issues:

• Whether Jigsimur Plus had previously served as a sales representative of the petitioner;
• Whether the petitioner owned the name “JIGSIMUR”; and
• Whether Jigsimur Plus registered the disputed industrial design in bad faith.

On the first issue, the panel found that Jigsimur Plus had been a sales representative responsible for selling and distributing the petitioner’s JIGSIMUR product in Nigeria. It relied on the termination documents, bills of lading and email correspondence submitted by the petitioners.

In considering ownership of the name, the panel noted that intellectual property rights are territorial. Rights obtained outside Nigeria do not automatically determine ownership or protection within Nigeria.

The panel, however, relied on Nigerian Trademark Registration Nos. RTM 43580 and RTM 43581 for “JIGSIMUR” in Class 5. The registrations were held in the name of Can Afford Products and Projects (Pty) Ltd, which had authorised the petitioner to sell and distribute the product in Nigeria.

The panel cited Ferodo Ltd. and Ferodo Nigeria Ltd. v. Ibeto Industries Ltd., 47 NIPJD [SC. 2004] 95/1999, in reaching its decision concerning ownership of the name in Nigeria.

Panel Finds Registration Was Made in Bad Faith

The panel compared the parties’ labels, bottle designs and overall product presentation. It found that Jigsimur Plus had copied features of the petitioners’ product in a manner capable of confusing consumers. The panel stated that the conduct was inconsistent with intellectual property principles, particularly because the product was intended for human consumption.

It therefore held that the registration of Industrial Design No. NG/DS/NT/O/2025/4804 had been made in bad faith.

Related Federal High Court Proceedings

The dispute is also the subject of proceedings filed by Jigsimur Plus Nigeria Limited against Cleansimur International Limited at the Federal High Court in Lagos. In the suit, reported as Suit No. FHC/L/SC/1953/25, Jigsimur Plus accused Cleansimur of infringing its registered intellectual property rights and passing off products bearing a similar name, label and bottle design.

Jigsimur Plus reportedly seeks ₦100 billion in general, exemplary and aggravated damages for alleged damage to its goodwill, reputation and business. It also seeks ₦200 million in special damages for legal fees, investigations, security expenses and related costs.

The company further asked the court to restrain Cleansimur and its agents from using the disputed label, name and bottle design. It also requested orders directing regulatory authorities to seize and destroy allegedly infringing products and promotional materials.

The court action was reported in October 2025 as awaiting assignment to a trial judge. No subsequent hearing or decision in the suit had been publicly reported at the time of publication.

The claims in the Federal High Court suit remain allegations to be determined by the court. The September 2, 2026 decision discussed in this report was issued separately by the Administrative Panel Division of the Patents and Designs Registry.

Orders of the Panel

The panel ordered Jigsimur Plus Nigeria Limited to:

• Alter the disputed label and bottle design;
• Stop producing or selling products under Industrial Design No. NG/DS/NT/O/2025/4804; and
• Remove the name “JIGSIMUR” from the registered design.

The panel also directed that Industrial Design No. NG/DS/NT/O/2025/5718, titled “Cleansimur Health Drink Label on Bottle Design,” should proceed immediately to registration.

The orders requiring Jigsimur Plus to alter the design, stop production and sales, and remove the JIGSIMUR name will become enforceable 30 calendar days after the ruling.

The panel warned that if the company fails to comply, the Registry may expunge the disputed design from the Register of Industrial Designs.

Proceeding Information

Sources: TheNigeriaLawyer, The Nigerian Voice and PUNCH.