IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) In the matter between: PLASCON-EVANS PAINTS LIMITED .... Appellant and VAN RIEBEECK PAINTS (PROPRIETARY) LIMITED … Respondent Coram: CORBETT, MILLER et NICHOLAS, JJA, GALGUT et HOWARD, AJJA. Date of hearing: 27 February 1984. Date of judgment: 21 May 1984 JUDGMENT CORBETT JA: Appellant, a company dealing in paints and allied 2 products, is the proprietor of a trade mark registered in terms of the Trade Marks Act 62 of 1963 ("the Act"). The trade mark in question consists of the word "Micatex". It was registered on 13 September 1971 in respect of the following goods falling within class 2 of the fourth schedule of the Trade Marks Regulations, 1963 (the regulations current at the time of registration): "Paints, varnishes (other than insulating varnish), enamels (in the nature of paint), distempers, lacquers, preservatives against rust and against deterio-ration of wood and anti-corrosives, all containing mica".