DUALE, OVIA & ALEX-ADEDIPE secures landmark judgment as the Nigerian Trademark Tribunal affirms that the registration of “Delta Line,” a trademark co-owned by the Delta State Government, does not infringe on the worldwide “Delta” trademark owned by Delta Air Lines

On the 28th of June 2018, Delta Transport Services Limited (the “Applicant”), filed an application with the Nigerian Trademark Registry seeking to register its trademark “Delta Line and Device” with NG/TM/0/2018/139091 (the “proposed mark” or the “mark”) under Class 39 of the NICE Classification system, which covers transportation and storage services. The application was made public on the 30th of June 2019, through the Trademark Registry’s periodic journal Vol.1, No.3, at page 601, inviting objections from the public in accordance with the Trademark Act T13 (the “Act”).

On the 30th of August 2019, Delta Identity Inc. (the “Opponent”), owner of the “Delta RTM 103234” trademark registered in class 16 and the well-known Delta Air Lines, registered in the United States and active in various countries worldwide including Nigeria, filed a Notice of Opposition challenging the registration of the proposed mark. In their Notice of Opposition, the Opponent argued that;

 1. the Applicant’s “Delta Line” sought to be registered fully incorporates their already existing ‘Delta’ trademark registered in class 16, sharing phonetic and visual similarities likely to confuse its consumers.
2. their existing “Delta” trademark has been in prior use in Nigeria since 2006, predating the registration of the proposed mark, and is recognised as a well known trademark, with numerous registrations for Delta Air Lines in various countries across the world.

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