3 [2] ZEMAX is registered in the name of the first respondent (Cipla). The second respondent, the Registrar of Trade Marks, who was cited in his official capacity, did not oppose the application. [3] The first appellant is the proprietor of the trade mark ZETOMAX with registration number 1998/14391, dated 13 August 1998 and subsequently extended, in class 5 in respect of – ‘Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medicinal use, food for babies; plasters, materials for dressings; disinfectants.’ The second appellant is a licensee of the first appellant and manufactures and distributes pharmaceutical products. I shall refer to both appellants as Adcock. Adcock contends that the trade mark registration ZEMAX is an entry wrongly made on the register by virtue of the provisions of s 24, read with ss 10(12) and 10(14), of the Act. [4] ZETOMAX is a generic medicine. Its active ingredient is Lisinopril, an angiotensin-converting-enzyme inhibitor that is used for the treatment of moderate hypertension and certain cardiac conditions. ZETOMAX is sold in dosages of 5mg, 10mg and 20mg in three blister strips of ten tablets each per pack. The medicine was sold under the name ZESTOMAX until 2001, when its name was changed to ZETOMAX. [5] ZEMAX is also a generic medicine, containing Lisinopril as its active ingredient, and is used for the treatment of the same conditions. [6] Cipla was originally granted registration in terms of the Medicines and Related Substances Act 101 of 1965 by the Medicines Control Council for its generic medicine under the name Prilosin, in 5mg and 10mg dosages, but applied in April 2004 for a change from the name Prilosin 5 to ZEMAX 5 and Prilosin 10 to ZEMAX 10. The name change was approved on 29 July 2004. The approval of the Council is required for the name under which a medicine is registered.1 ZEMAX is sold in blister strips of 10 tablets packed in three strips per pack in dosages of 5mg and 10mg. 1 Section 15(5) of the Medicines and Related Substances Act 101 of 1965.