Facts:

Sometimes in 2014, the Appellant instituted an action at the Federal High Court against the Respondents for the infringement of its registered Trade Mark ‘ROSA’ which it had registered since 1997 in class 29. The Appellant also brought a claim for the passing off of its product. The action was predicated on the grounds that the Respondent’s registration of products manufactured and produced by it, named ROSA MARGARINE, ROSA MAYONNAISE and ROSA ELAN MARGARINE in classes 29 and 30, was an infringement of the Trade Mark and the passing off of the products the Appellant had registered.

The Respondent denied the allegation by stating that the products are not meant for the Nigerian market and more so the Appellant does not have exclusive usage of the word ‘ROSA’. The Respondent also filed a counter claim for the rectification of the certificate issued to the Appellant so as to conform to the Nice Classification of Goods.

After hearing the witnesses of the parties and the submissions of both counsel, the trial Court delivered judgment, dismissing the case of the Appellant and granting the Counter-Claim of the Respondent.

Dissatisfied, the Appellant appealed to the Court of Appeal.