The Federal High Court in Abuja has rejected a request seeking to prevent the Central Bank of Nigeria (CBN) from using the “e-Naira” trademark.
Justice James Kolawole Omotosho denied the application filed by E-naira Payment Solutions Limited, a private company, claiming ownership of the trademark. The company asserted that its application for registration had been accepted by the Nigerian Trademark Registry, thereby making it the rightful owner of the mark.
The plaintiff alleged that the CBN was attempting to appropriate the trademark, which would cause it irreparable harm. Through a motion marked FHC/ABJ/CS/2021, the company asked the court to restrain the CBN from engaging with the United States Patent and Trademark Office (USPTO) regarding the contested mark until the dispute was resolved.
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It also sought an order preventing the USPTO from processing the CBN’s application for registration of the “e-Naira” trademark on behalf of the CBN and the Federal Government.
In response, the CBN urged the court to dismiss the application, arguing that the “e-Naira” trademark is a national asset exclusively owned and controlled by the Federal Government. The bank explained that the initial acceptance letter issued to the plaintiff by the Nigerian Trademark Registry was a mistake and had since been withdrawn in a letter dated November 15, 2021.
Describing the “e-Naira” trademark as a national intellectual property, the CBN said it holds a valid certificate of registration under Section 22 of the Trademark Act and is in the process of securing registration with the USPTO.
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The CBN maintained that the trademark cannot be privately owned, emphasizing that the plaintiff had not provided proof of registration in Class 36 with the Nigerian registry.
The bank further warned that granting the plaintiff’s request could harm Nigeria’s economy and damage the country’s reputation globally.
In his ruling, Justice Omotosho sided with the CBN, stating that halting the CBN’s actions would have greater negative implications for Nigeria than for the plaintiff. He found that the CBN’s communication with the USPTO was a protective measure in Nigeria’s interest, not a malicious act as claimed.
Consequently, the judge dismissed the motion and ordered the plaintiff to pay N50,000 in costs to the CBN. The substantive case is set to be heard on June 26.
E-naira Payment Solutions Limited had filed the suit seeking an interim injunction to bar the CBN from using the “e-Naira” trademark, arguing the apex bank lacked rightful ownership.
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