This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Supreme Court of Appeal dealt with an application under section 17(2)(f) of the Superior Courts Act for reconsideration of a refusal of leave to appeal. The matter arose from trade mark opposition proceedings involving FirstRand Limited and National Bank of Abu Dhabi PJSC (Pty) Limited, and the judgment discusses section 10(4) of the Trade Marks Act and the onus in such proceedings.
It may be relevant to trade mark and appellate procedure matters, including reconsideration under section 17(2)(f).
Evidence from source
Summary: Intellectual Property – Trade marks – Trade Marks Act 194 of 1993 – s 10(4) – whether there is a bona fide intention of using a mark as a trade mark – a factual issue.
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Superior Courts Act 10 of 2013 – section 17(2) (f) – application for reconsideration of refusal of leave to appeal – whether grounds for reconsideration and for granting leave to appeal established.
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On application for reconsideration referred in terms of s 17(2)( f ) of the Superior Courts Act 10 of 2013 : 1 The application is struck from the roll.
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