South African producers, Nigerian distributors battle over ownership, brand rights
The battle for control of the Jigsimur health drink brand in Nigeria is heading to the Federal High Court, after the Administrative Panel Division of the Patents and Designs Registry ruled in favour of Jigsimur SA (Pty) Limited.
The dispute pits South African company Jigsimur SA (Pty) Limited against another South African company Jigsimur SA Original Pty Limited and its Nigerian representative Jigsimur Plus Limited, over ownership and protection of the Jigsimur trademark, industrial design, packaging and distribution rights in Nigeria.
The Panel’s ruling, delivered on September 2, 2026, affirmed Jigsimur SA (Pty) Limited right to distribute the health drink in Nigeria and stopped Jigsimur Plus from relying on the disputed patent rights.
The Panel, however, described its ruling as a first-level alternative dispute resolution (ADR) decision aimed at resolving the dispute without prolonged litigation. It also stated that any party dissatisfied with the decision could appeal to the Federal High Court.
Jigsimur Plus, which maintains that it introduced the product to the Nigerian market, has taken steps to challenge the decision.
At the heart of the dispute is a clash of competing claims over when and how rights to the Jigsimur brand were acquired and whether rights established in South Africa can affect a Nigerian registration.
In its written address before the Panel, counsel to Jigsimur Plus, Chief Anthony George-Ikoli, SAN, argued that his client’s Nigerian rights predated those claimed by the Petitioner.
He argued that Jigsimur Plus applied to register the Jigsimur trademark in Nigeria in 2018. According to him, the 2018 application date was critical because it preceded the subsequent registrations and assignments relied upon by the opposing side.
George-Ikoli argued that trademark rights were territorial and that the history of the Jigsimur brand in South Africa could not, without more, confer proprietary rights in Nigeria.
He said that Jugsimur Plus dealt at all material times with Jigsimur SA Original Pty Limited and that the said entity supplied the products, supplied the regulatory documentation, possessed SAHPRA-related recognition/documentation in South Africa, authorised Nigerian distribution, granted powers relating to trademark/design registration and in fact, empowered Jugsimur Plus to protect the intellectual property in Nigeria.
He further argued that CAN AFFORD Products and Projects (Pty) Limited obtained Nigerian registrations for the Jigsimur name, logo and label on May 14, 2021, under Trade Mark Nos. 43580 and 43581—three years after Jigsimur Plus’s 2018 application.
According to him, Jigsimur Plus had already built substantial goodwill in Nigeria through continuous importation, nationwide distribution, marketing, dealer networks and customer recognition.
George-Ikoli also challenged the opposing side’s reliance on a 2016 Power of Attorney and Distribution Agreement, arguing that authority to protect intellectual property did not amount to proof of a pre-existing proprietary right in Nigeria, and there was no record of any application for registration in Nigeria by the opposing side prior to 2018.
He maintained that a 2024 South African judgment cited by the applicants could not determine ownership of intellectual property rights in Nigeria, which must be decided under Nigerian law.
The Applicants, however, presented a different account of the brand’s history.
In his written address, counsel to the applicant, Chief Muoneke Paschal Oluchukwu, said CAN AFFORD Products and Projects (Pty) Limited, owned by Perumal Chetty, was appointed the Nigerian distributor in 2012, with the relationship formally documented on January 1, 2016.
He added that Christian Onunkwor Ekene, a director of Jigsimur Plus, approached Chetty in 2014 seeking to become the sole distributor in Nigeria and was subsequently introduced to Rouxnel Ungerer to obtain the product for NAFDAC approval.
According to him, CAN AFFORD secured the Nigerian trademark registrations in 2021, but the relationship with Jigsimur Plus later deteriorated over the production of different product sizes allegedly without approval from the South African parent company.
With the dispute now moving to the Federal High Court, the competing claims over ownership, registration, distribution and protection of the Jigsimur brand in Nigeria are set for a fresh legal battle.
