When action for infringement of Trade Mark may be maintained

"Following the provisions of section 5(2) of the Trade Marks Act, an infringement of a registered trade mark cannot be maintained unless the court finds that the defendant is engaged in the use of a mark identical with the registered trade mark or uses a mark so nearly resembling the registered trade mark, as to be likely to deceive or cause confusion in the course of trade; or uses in relation to any goods in respect of which it is registered, or uses in such a manner as to render the use of the mark to be taken as importing a reference to the goods which the plaintiff's trade mark is connected".

Per Musdapher, JSC in Ferodo Ltd. v. Ibeto Ind. Ltd (2004) 5 NWLR (Pt.866)317