In June, 1977, the opponent (Allied Biscuits Co. Ltd.) who are the respondents in this court filed an application to register “RITZ” as a trade mark after conducting searches in the Registry of Trade. The application was accepted and numbered 31795. Thereafter, Nabisco Inc., the appellants in this court, made an application for the same “RITZ” to be registered as their own trademark. The application of the appellant was advertised in the TradeMarks Journal at the instance of the appellant (Nabisco Inc.).When the respondents noticed the advertisement they commenced opposition proceedings in the TradeMark Registry.

When the matter came before the Registrar of TradeMarks, the learned counsel for Nabisco Inc. raised a preliminary objection contending that there was no evidence before the Registrar on which the matter could proceed. Counsel filed a counter-statement which was served on the opponents (Allied Biscuits Co. Ltd.). It was the contention of the appellants before the Registrar that the respondents should have filed a statutory declaration upon receipt of their counter-statement pursuant to Regulation 51 of Trade Marks Regulation, 1967. After hearing arguments from both counsels who appeared for the parties, the Registrar upheld the objection and adjourned for hearing. At the close of hearing and after considering the evidence, the Registrar refused to register the device “RITZ” as the appellants’ trade mark.

Nabisco Inc. being dissatisfied with the decision of the Registrar appealed to the Federal High Court under section 21(1) of the Trade Marks Act, 1965 (now Cap. 436, Laws of the Federation of Nigeria, 1990). Anyaegbunam, C.J. allowed the appeal. Allied Biscuits Co. Ltd. (the opponents before the Registrar) appealed to the Court of Appeal, Lagos Division against the decision of Anyaegbunam, C.J. The court below allowed the appeal, set aside the decision of Anyaegbunam, C.J. and restored the judgement of the Registrar of TradeMarks. Nabisco Incorporated appealed.