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Posted on 17 Jan 2021
Case number: CT00427/ADJ/2020
Case type: Name Disputes
Decisions Status: Granted

Objection (in the form of application for a default order) by the applicant to the respondent’s company name IWISA TRADING based on s 11(2)(a)(iii) and s 11(2)(b)(iii) of the Companies Act 71 of 2008 regarding the applicant’s trade mark IWISA–objection dismissed in respect of reliance upon s 11(2)(a)(iii), as the name is not the same as the trade mark, but upheld under s 11(2)(b)(iii), with no order as to costs –held, the respondent is directed to change its name within three months from date of service of the order –held, that the request that the Companies and Intellectual Property Commission be directed to substitute the respondent’s registration number for its name in the event of the respondent failing to comply with the order made herein is dismissed, due to lack of jurisdiction.

Decisions and Orders

Date of Decision: 14 Jan 2021

Decisions Status: Granted

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