Jigsimur Trademark Dispute Goes to Court

The battle for control of the Jigsimur health drink brand in Nigeria is set for a fresh round in the Federal High Court, following a ruling by the Administrative Panel Division of the Patents and Designs Registry in favour of Jigsimur SA (Pty) Limited.

The dispute pits South African company Jigsimur SA (Pty) Limited against another South African entity, Jigsimur SA Original Pty Limited, and its Nigerian representative, Jigsimur Plus Limited, over ownership, trademark, industrial design, packaging, and distribution rights for Jigsimur in Nigeria.

In its decision delivered on September 2, 2026, the Panel affirmed Jigsimur SA (Pty) Limited’s right to distribute the health drink in Nigeria and barred Jigsimur Plus from relying on the disputed patent rights. The Panel described its ruling as a first-level alternative dispute resolution (ADR) measure, noting that dissatisfied parties could appeal to the Federal High Court—a step Jigsimur Plus has already initiated.

Competing Claims and Legal Arguments

At the heart of the dispute are conflicting claims over who first acquired rights to the Jigsimur brand in Nigeria and whether South African-established rights can impact Nigerian registrations.

Counsel to Jigsimur Plus, Chief Anthony George-Ikoli, SAN, argued that Jigsimur Plus’s rights in Nigeria predated those claimed by the applicants. He noted that Jigsimur Plus applied to register the Jigsimur trademark in Nigeria in 2018, a date he said was critical as it preceded subsequent registrations and assignments relied upon by the opposing side.

George-Ikoli further asserted that trademark rights are territorial and that the brand’s South African history could not automatically confer proprietary rights in Nigeria. He stated that Jigsimur Plus dealt with Jigsimur SA Original Pty Limited at all material times, receiving products, regulatory documentation, and authorisation for Nigerian distribution and intellectual property protection.

He cited CAN AFFORD Products and Projects (Pty) Limited’s Nigerian trademark registrations for the Jigsimur name, logo, and label obtained in May 2021 under Trade Mark Nos. 43580 and 43581—three years after Jigsimur Plus’s 2018 application. George-Ikoli also emphasised the substantial goodwill Jigsimur Plus had built through continuous marketing and distribution across Nigeria.

He challenged the opposing side’s reliance on a 2016 Power of Attorney and Distribution Agreement, arguing that such authority did not establish a pre-existing proprietary right under Nigerian law, and that no registration application predated 2018. He maintained that a 2024 South African judgment cited by the applicants could not determine intellectual property rights in Nigeria, which must be adjudicated under Nigerian law.

Applicants’ Position

Counsel to the applicant, Chief Muoneke Paschal Oluchukwu, presented a contrasting account. He stated that CAN AFFORD Products and Projects (Pty) Limited, owned by Perumal Chetty, was appointed as the Nigerian distributor in 2012, with a formal relationship established on January 1, 2016.

He further explained that Christian Onunkwor Ekene, a director at Jigsimur Plus, approached Chetty in 2014 to become the sole Nigerian distributor and was introduced to Rouxnel Ungerer for NAFDAC approval. CAN AFFORD secured Nigerian trademark registrations in 2021, but the relationship later broke down over the production of different product sizes allegedly without parent company approval.

Next Legal Steps

With the dispute now headed to the Federal High Court, the competing claims over ownership, registration, distribution, and brand protection for Jigsimur in Nigeria are set for detailed legal scrutiny. The case is expected to provide clarity on the intersection of territorial rights, brand ownership, and the enforceability of foreign intellectual property rights in Nigeria’s commercial landscape.