Facts:

The 1st appellant registered EVA trademark in class 32 in 1998 and 2004, while by virtue of the 1st respondent’s deed of assignment of 9th September, 1996, its license covered “the trademark EVA registration No 53207 in class 32 covering water” EKULO FOODS LIMITED.
 
The appellants contended they had been selling EVA wine in Nigeria since 1990, extensively advertised and marketed same, and acquired enormous goodwill without objection from the 1st respondent. They relied on evidence of prior and concurrent use, including invoices, shipping documents, NAFDAC registration, and numerous print and electronic media adverts between 1996 and 2011. They argued the 1st respondent’s reliefs for cancellation were an afterthought and amounted to acquiescence EKULO FOODS LIMITED.
 
The 1st respondent, however, maintained it was the prior registrar of EVA in Nigeria since 1992, that trademark registration is national, and that the appellants’ subsequent registrations were ultra vires, confusing, and unlawful. It denied acquiescence, insisting it opposed the appellants’ registrations once aware. The lower court agreed with the 1st respondent and ordered cancellation of the appellants’ trademarks. Aggrieved by the decision, the Appellants appealed to the court.