November 21, 2014
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- Law News
Ownership tussle of the Qlink trademark between two companies has been laid to rest by the Federal High Court sitting in Lagos as the court affirmed Ocean Waves Corporation limited as the rightful owner of the trademark.
This was the thrust of the judgement of Justice John Tsoho while dismissing a suit filed by FAPA Company Limited against Ocean Waves Corporation Limited and the Registrar of Trade Mark challenging the first defendant claim of ownership of Qlink trademark.
Dismissing the suit, Justice Tsoho upheld the preliminary objection filed by Ocean Waves Corporation Limited, through its counsel, Edwin Anikwem challenging the competency of the suit. The court affirmed the e4arlier judgement of Justice Okon Abang of November 11, 2011 that ordered the Registrar of Trademark to immediately register Qlink in class 9 in the trademark register in favour of Ocean Waves Corporation Limited, the plaintiff in the suit brought against The Registrar of Trademark.
Dispute over the rightful ownership of Qlink trademark started in 2002 when Ocean Waves Corporation Limited in order to regularise the trademark it had been dealing in since 1996, applied for its registration.
The application was accepted and was subsequently advertised in the trademark journal No 4 volume 4 of October 10, 2002. While the processing of the trademark was in advance stage, another company FAPA Company Limited via a letter dated August 15, 2002 protested against the acceptance of Ocean Wave’s application to register Qlink in class 9.
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