that appellant established an infringement of its registered trade mark Micatex by the use by respondent of its mark Mikacote. 49 S. 46(b) of the Act S. 46 of the Act provides — "No registration of a trade mark shall interfere with (a) any bona fide use by a person of his own name or of the name of his place of business, or of the name of any of his predeces sors in business, or of the name of any such predecessor's place of business; or (b) the use by any person of any bona fide description of the character or quality of his goods or services." It was submitted by respondent's counsel that respondent was protected from an infringement action by s. 46(b) of the Act because its use of the mark Mikacote was a bona fide description of the character or quality of its product. 50. Appellant's counsel, on the other hand, contended that s. 46(b) does not afford protection where the person concerned has used so-called descriptive words (which prima facie infringe a registered trade mark) as a trade mark and he referred in this connection to what is said by Chowles and Webster, op. cit., at pp 223-4. While there may be something to be said for this viewpoint, I do not find it necessary to decide this issue and will assume in respondent's favour that the fact that it used the word Mikacote as a trade mark does not prevent it from availing itself of the defence provided by s. 46 (b). 51