Objection to the first respondent’s company name EARLY BIRD AGRICULTURAL PRIMARY CO-OPERATIVE LIMITEDi.t.o. ss 11(2)(b) and 11(2)(c)(i) of the Companies Act 71 of 2008 –exemption granted in terms of section 11(2)(b) on the basis that the first respondent’s name is confusingly similar to the applicant’s trade mark EARLYBIRD–obiter dicta about misgivings regarding the delay in bringing this application and the subsequent request for default order –held, application granted, but no costs order due to peculiar circumstances of this matter -held, the applicant is to submit proof of the validity of the trade mark to the Registrar.