The Applicant whose registered place of business is Polokwane, brings an application in terms of Sections 11 (2)(b), (c) and 160 of the Act read with Reg 153) for an order that the Respondent change its name to one not incorporating the Applicant’s trade mark or any other name that may be regarded as confusingly and/or deceptively similar to its KGANYA trade mark ( Refer to para 6 of the affidavit E.M. Lekganyane, a director of the Applicant company who has been duly authorised); as it offends against the provisions of Section 11 (2)(b) and (c) of the Act as it “wholly incorporates its trade mark which is registered in the name of the Applicant (para 5.2 of the affidavit to CTR Form 142) which is well known”
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