In the present appeal, the issue for determination was that of the competing rights of the Appellant and respondent, for the registration of trademarks under section 17(3) of the Trade Marks Act 62 of 1963. The appellant had been marketing clothing under a certain trademark overseas for some time. Before it reached theSouth African market, a local businessman, aware of the use of the mark by Appellant, applied for the registration of the mark in a certain class in relation to clothing. Subsequently, the Appellant applied for registration of its mark in the same class. The Registrar of Trade Marks had to determine the rights of the two parties in terms of the Act and ruled in favor of the Appellant. By that time, the businessman mentioned above had been replaced by the respondent. The latter successfully appealed against the Registrar's decision, leading to the present appeal.The relevant time, the Appellant was held to be entitled to precedence in its application