In a judgment delivered on December 29, 2017 in Toyota Motor Corporation v. Subaya Metalware Nigeria Limited & Anor , the Lagos Division of the Court of Appeal held that the mere filing of a trademark application at the Trademark Registry does not amount to the use or infringement of an existing trademark. The court also decided that stereo systems that are installed in cars form part of the vehicle and therefore fall in Class 12, rather than Class 9 under the Nice Classification.
