The applicant company is registered or exists in terms of the laws of the Delaware State of the United States of America (USA). Its principal place of business is located in Westlake, Ohio, USA. This application is about the trade mark “KIRBY” registered in South Africa in favour of the applicant in classes 09 and 37 in respect of goods and services in “Electrical apparatus and their parts and attachments and accessories, for cleaning, washing and polishing purposes” [class 9], and in “Constructions and repair” [class 37]. The KIRBY trade mark was first registered in 1951
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