The appellant ("Westminster") and the first respondent ("Philip Morris") were each major internationalmanufacturers and suppliers of cigarettes and tobacco related products. The dispute between the parties arosebecause the group of companies ("PMI") to which Philip Morris belonged used the trade mark PARLIAMENTinternationally in respect of one of its premier brands of cigarettes, but was unable to do so in South Africa. When ithad applied in 2006, for registration of the trade mark PARLIAMENT, it could not obtain registration becauseWestminster was registered as the proprietor of two marks in that regard. As a result, Philip Morris successfullybrought an application in terms of section 27(1)(b) of the Trade Marks Act 194 of 1993 (the "Act") for therectification of the register by the removal of Westminster's two marks on the grounds of non­use. That led to thepresent appeal.