SUMMARY In casu, the appellant is Truworths Ltd (“Truworths”) a well-known fashion retailer in South Africa and the respondent is Primark Holdings, a discount fast-fashion clothing retailer (“Primark”) Truworths intended to register the mark “PRIMARK” in class 25 of the Trade Marks Register, which includes inter alia, clothing, boots, shoes and slippers. Primark, the proprietor