Facts:

Citlilink Accesscorp Limited (the Plaintiff) commenced action against MTN Nigeria Communications Ltd (1st Defendant) and the Registrar of Trademarks, Patents and Designs (2nd Defendant) concerning the 1st Defendant’s registration and adoption of the trademark “MTN WEBPLUS” and “WEB+” used for its internet services branding. The Plaintiff claimed that the 1st Defendants marks, which were registered under Classes 9, 16, and 38, with primary usage in Class 38 were confusingly similar in both appearance and sound to the Plaintiff’s registered trademark “WEBPLUS” which is registered under Class 9 and which covers scientific, technological apparatus, computer software, related goods. It was the Plaintiff’s case that in 2001, it applied for the registration of the mark “WEBPLUS” and the Registrar of Trademarks approved the registration of the Plaintiff’s mark and subsequently issued a certification of registration of the mark in favour of the Plaintiff. It was the Plaintiff’s assertion that it continuously used the mark for its business activities until its expiration in 2008; however, the name was not removed from the register and the Plaintiff renewed the registration in 2014.

The case of the 1st Defendant on the other hand was that in 2012, without knowledge of the Plaintiff’s existing mark, it made an application to register “MTN WEBPLUS” and “WEB+” and same was approved and a certificate of registration issued to it by the Register of trademarks during the period that the Plaintiff’s mark had expired and was not renewed. The 1st Defendant’s alleged that since registered trademarks in Nigeria lasts for 7 years and can be subsequently renewed perpetually for a period of 14 years which the Plaintiff had failed to do since 2008 after the expiration of “WEBPLUS” until 2014 after the 1st Defendant had already register a similar name.