Both parties in the present appeal were involved in the dairy industry. The Respondent was the registered proprietor of a number of trademarks in a class in which the Appellant had sought to register its trademark. the respondent successfully opposed the registration of the Appellant's mark, based on the provisions of section 17(1)of the Trade Marks Act 62 of 1963 ("the Act"). This led to the noting of the present appeal. The appeal was upheld, with costs