This case centered on a trademark dispute concerning the registration of the mark “HIT” in Class 5, which pertains to insecticides and related products

Background:

HB Worldwide Limited applied to register the trademark “HIT” in Tanzania. Godrej Consumer Products Limited opposed the application, citing prior use and ownership of the “HIT” trademark. The Deputy Registrar of Trade and Service Marks dismissed Godrej’s opposition, which decision aggrieved hence filling of Commercial Appeal No. 2 of 2019 to the High Court of Tanzania (commercial division) by Godrej Consumer Products Limited.
The High Court addressed procedural objections raised by HB Worldwide, including:

Alleged failure of Godrej’s to effect service of statutory declaration beyond the 60 days period stipulated in Regulation 37 of the Trade and Service Marks Regulations.

Non-compliance with the Oaths and Statutory Declarations Act and the Notaries Public and Commissioners for Oaths Act, as the declaration was made in Kenya.

Consequently, the High Court set aside and reversed the decision of Deputy Registrar and further ordered and directed the Deputy Registrar to continue with giving directives to enable parties serve each other with necessary documents and be able to determine the real controversy inter parties. Furthermore, the High Court held that the registration done after the ruling of the Deputy Registrar was invalid and the same was declared to be of no effect. In the end, the High Court allowed the appeal with costs before the High Court as well as before the Tribunal.
HB Worldwide Limited aggrieved by the decision of High Court, sought to challenge the High Court’s decision by filing Civil Appeal No. 215 of 2023.The main issue being whether the High Court was justified in declaring a trademark registration null and void without giving the Registrar of Trade and Service Marks or the trademark owner a chance to be heard on the same.

Court of Appeal’s Holding:

The High Court acted outside its jurisdiction by nullifying the trademark in the absence of proper pleadings, notice to the parties, and without involving the Registrar.
Non-joinder of the Registrar and denial of the HB Worldwide limited right to be heard amounted to a miscarriage of justice.
The proceedings in the High Court were vitiated, and its judgment was quashed and set aside.

Significance of the Case:

The case affirms that no decision affecting the register including nullification can be lawfully made without affording the Registrar the opportunity to be heard, the decision reiterates the fundamental principle that no party should suffer a legal detriment without an opportunity to be heard and it sets precedent that any judicial intervention in registered trademarks must follow legal procedures, including proper joinder of parties.

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