Introduction
In today's globalized and competitive economy, trademarks have evolved to become more than just a word, logo or symbol. They now serve as "brand identifiers" and "invaluable legal assets", embodying the goodwill, reputation and distinctiveness of the products or businesses they represent.
Under Nigerian law, once a trademark is registered, the Registrar of Trademarks (the "Registrar") is statutorily obliged to issue a Certificate of Registration ("CoR") to the applicant. The CoR constitutes prima facie evidence of the validity of the registration of the trademark.
Notwithstanding the foregoing, the admissibility of a CoR in legal proceedings remains doubtful. This evidentiary uncertainty arises from the annotation inscribed in the footnote of a CoR, which states: "This certificate is not for use in legal proceedings or for obtaining registration abroad." This inscription has been interpreted, albeit loosely, to suggest that a CoR cannot be tendered in legal proceedings to establish registration of a trademark, and that only a certified copy of an entry in the Register of Trademark is admissible as evidence of trademark registration.
Significantly, on December 19, 2024, the Court of Appeal in Accor v. Hotel Ibis Royale Limited ("Accor Case"), clarified the evidentiary status of a CoR. In this regard, the appellate court held that a CoR is admissible in legal proceedings as prima facie evidence of registration of a trademark, notwithstanding any inscription on the face of the CoR purporting to preclude its use in legal proceedings. This decision is a welcome development for trademark proprietors and legal practitioners, as it reaffirms the supremacy of statutory provisions over administrative annotations.
Facts of the case
The Appellant, an international hotel group with operations in over ninety (90) countries including Nigeria, instituted a trademark infringement action against the Respondent, a Nigerian-registered hospitality company operating a hotel business under the name "Hotel Ibis Royale Limited" in Lagos. The crux of the Appellant's case was that the Respondent's use of the name "Hotel Ibis Royale Limited" in connection with its hotel business in Nigeria constituted an infringement of its exclusive rights in the "IBIS" trademark. In this regard, the Appellant alleged that it is the proprietor of the "IBIS" trademark in Nigeria, with Registration No. 67940 in Class 16 (registered in June 1998) and Registration No. 77444 in class 43 (registered on June 28, 2007). In proof of its registration, the Appellant tendered the CoR in respect of the "IBIS" trademark in both classes. In contrast.
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