"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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