"In the present case, respondent's registered trade mark 'Dan River' does not fall within the category of 'more or less descriptive words': it consists of words of a geographical connotation having no reference to the character or quality of the dresses. I agree with Mr Welsh's submission that, had the appellants indeed wished to describe the character or quality of their dresses, they might have said that they were manufactured out of cotton material imported from the United States; and, further, that there was no necessity for appellants to use the registered trade mark 'Dan River' unless they intended to make use of the goodwill 54 attaching to that particular mark. In my opinion the circumstances point irresistibly to the appellants having indeed had the intention to make use of the goodwill attaching to respondent's mark." In Gulf Oil Corporation v Rembrandt Fabrikante en Handelaars, 1963 (2) SA 10 (T), the Court was concerned with an application, in terms of s. 136 of the Designs, Trade Marks and Copyright Act, 9 of 1916 (the corresponding provision in the Act is s. 36), for a trade mark to be taken off the register on the ground that for a period of five years there had been no "bona fide user" thereof by the registered proprietor in respect of certain goods. With reference to the meaning of the phrase "bona fide user", as used in s. 136, TROLLIP J stated (at p 24 E) that it — 55 "means a user by the proprietor of his registered trade mark in connection with the particular goods in respect of which it is registered with the object or intention primarily of protecting, facilitating, and furthering his trading in such goods, and not for some other, ulterior object". The decision of TROLLIP J was confirmed on appeal by this Court (see Rembrandt (Edms) Bpk v Gulf Oil Corporation, 1963 (3) SA 341 (A) ) and, in delivering the

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