From Okey Sampson, Umuahia

Trademarks Registry said it has withdrawn the registration of the trademark name given to Enyimba FM operated by EMPAU Communication LTD, to operate as a commercial Radio Station in Aba, Abia State, saying approval was granted in error.

In a statement, Trademarks Registry, said it has officially notified the National Broadcasting Commission (NBC), that ‘Enyimba Fm Aba’ which was legally registered by Rethink Media Network Ltd for its radio station operation in Aba, Abia State, is also being used by another company, EMPAU Communication Ltd, said to be owned by the Executive Secretary of National Agricultural Land Development Authority (NALDA), Paul Ikonne.

“It is pertinent to state that the application “ENYIMBA FM” by EMPAU Communication Ltd was approved in error on the basis of a letter from Aba North Local Government, instead of Abia State Government which has the appropriate authority.

“Consequently, a letter of withdrawal of application of ENYIMBA FM has been dispatched to notify EMPAU Communication Ltd of the withdrawal of the acceptance letter earlier granted in error.”

Trademarks Registry in another letter to EMPAU communication Ltd titled: “Withdrawal of Trademark Application number NG/TM/O/2022/60226 ENYIMBA FM” reads: “I am directed to inform you of the withdrawal of your trademark application ENYIMBA FM NG/TM/O/2022/60226 in class 38.

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“The application was erroneously approved as it conflicts with ENYIMBA FM NG/TM/O/2021/44711 dated 26/10/2021.

“Consequently, the approval letter issued to you in respect of the application NG/TM/O/2022/60226 is hereby withdrawn and invalidated.”

NBC was said to have in a letter dated July 15, 2022, sought the Trademarks Registry clarifications on why two different companies should be licensed to use the name ‘Enyimba Fm Aba’, for commercial radio station operation in the same city and State.

In response, Trademarks Registry stated, “referring to your letter dated July 15, 2022, on the above-stated matter (Use of “Enyimba FM as Trademark by Two Different Companies Licensed by the Commission), I am directed to inform you that investigation in this office has revealed that the application “ENYIMBA FM” by Rethink Media Network Ltd., was first in time and was issued an approval based on a consent letter from Abia State Government through the State Ministry of Information”.

When contacted, Rethink Media Network Ltd. Head, Public Relations, Mr. Chigozie Joshua, recalled that after it applied for a radio license and it was approved by the NBC, the Company on September 2021, approached the Abia State Government through the ministry of information, with an application for consent to use the name Enyimba FM for registration and establishment of a radio station in Aba, as required by Trademarks Registry laws and guidelines, given that Enyimba is classified as a ‘Geographical Area’.

Joshua further noted that approval was granted by the State Ministry of Information in September 2021, while the Trademarks Registry in October 2021, granted and approved the application of Rethink Media Network Ltd to use Enyimba FM in classes 38 and 41, respectively, for its radio stations operation in Aba.