Board, 1983 (4) SA 278 (W), at p 283 E - H). Moreover, there may be exceptions to this
general rule,
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B as, for example, where the allegations or denials of the respondent are so far-fetched or
clearly untenable that the Court is justified in rejecting them merely on the papers (see
the remarks of BOTHA AJA in the Associated South African Bakeries case, supra, at p
924 A).
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From the papers in this case it appears that as a result of various transactions, the details
of which are not relevant, appellant acquired from other companies, whose assets now
vest in appellant, the rights to various trading styles, including "the Plascon Parthenon
Paint Company", the "Crown Asbestos Paint Company" and "Crown Cebestos" and also
the regis-tered trade mark "Micatex". The latter was legally assigned to appellant on 3
January 1979 with effect from 15 November 1978.
Some use had been made of the Micatex trade mark by appellant's predecessors in title,
but it was only after appellant became entitled thereto (evidently
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some time before the formal assignment to appellant) that the trade mark was exploited
on a large scale. Appellant used it with reference to a texture coating sold by it. The term
"texture coating" denotes to the trade and to the purchasing public a thick paint-like
coating or paint primarily applied to the exterior surfaces of buildings. Because of its
thick texture it produces a thick covering which hides surface imperfections, such as
those encountered in prefabricated concrete slabs and off-shutter concrete, and fine
cracks in imperfect plaster finishes. It furthermore produces an extremely durable finish,
which is not easily damaged or destroyed.
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