Wale Igbintade
The Administrative Panel Division of the Patents and Designs Registry, Abuja, has ordered Jigsimur Plus Nigeria Limited to stop producing and selling products under a disputed “Jigsimur Label Bottle Design”, after finding that the company registered the design in bad faith.
The panel also ordered the company to remove the name “JIGSIMUR” from Industrial Design Number NG/DS/NT/O/2025/4804, warning that failure to comply within 30 days would lead to the design being expunged from the Register of Industrial Designs.
The decision followed a petition by Jigsimur SA Pty Ltd and Cleansimure International Ltd, which accused Jigsimur Plus of registering the design without authority after its agency relationship with the petitioner had been terminated.
Delivering the ruling on September 2, 2026, the panel held that the evidence established that Jigsimur Plus had previously acted as a sales representative of the petitioner before the relationship was terminated on April 23, 2023.
The panel relied on documents including the termination of agency relationship, bills of lading and email correspondence tendered by the petitioners, noting that the respondent did not effectively deny the documents.
Muoneke Oluchukwu, appeared for the petitioners, while Chijioke Ezeli, represented Jigsimur Plus.
The petitioners had alleged that Jigsimur Plus, after its agency relationship with them was terminated, proceeded to register the “Jigsimur Label Bottle Design” despite knowing that the design belonged to them.
They contended that the registration was made in bad faith and amounted to a misrepresentation of proprietorship and a breach of trademark and industrial design principles.
In its defence, Jigsimur Plus denied the allegations and maintained that it was lawfully appointed as the Nigerian representative of Jigsimur SA Original Pty.
It argued that its design certificate was lawfully issued after compliance with applicable statutory and administrative requirements and enjoyed a presumption of regularity.
The respondent also alleged that the petition was an attempt by the petitioners to exploit its goodwill, reputation and market presence and create confusion in the marketplace.
But the panel rejected the respondent’s position after considering the documentary evidence and oral submissions of the parties.
On the ownership of the “JIGSIMUR” name, the panel stressed that intellectual property rights are territorial and examined the evidence of rights in Nigeria.
It relied on trademark certificates Numbers RTM 43580 and 43581, covering “JIGSIMUR” in Class 5 and registered in the name of CAN AFFORD PRODUCTS AND PROJECTS (PTY) LTD, which had appointed the petitioners to sell and distribute the product in Nigeria.
The panel held that the evidence established the petitioners’ rights in the “JIGSIMUR” name in Nigeria.
On the crucial question of bad faith, the panel said it examined the features of the competing labels, bottle designs and trade dress.
It found that the respondent had followed the features of the petitioners’ product in a manner capable of confusing consumers into believing that they were buying the petitioners’ product.
The panel said such conduct was contrary to intellectual property norms and principles, particularly because the product was intended for human consumption.
It consequently held that Industrial Design Number NG/DS/NT/O/2025/4804, titled Jigsimur Label Bottle Design, belonged to the petitioner and that its registration by Jigsimur Plus was made in bad faith.
The panel ordered the respondent to change the disputed label and bottle design, desist from producing or selling products under the design and remove the name “JIGSIMUR” from it.
It further directed that Industrial Design Number NG/DS/NT/O/2025/5718, titled Cleansimur Health Drink Label on Bottle Design, should proceed for registration.
The panel gave the respondent 30 calendar days from the date of the ruling to comply with the orders.
It warned that failure to comply would empower the Registry to correct the position by expunging the disputed design from the Register of Industrial Designs.
The proceedings arose from a petition dated November 10, 2025, and were conducted pursuant to Designs Rule 40 of the Patents and Designs Act.