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CT00452ADJ/2020


Posted on 28 Jun 2021
Case number: CT00452ADJ/2020
Case type: Name Disputes
Decisions Status: Refused

Objection by the applicant to the first respondent’s name INVESTX in terms of s 11(2)(b) and s 11(2)(c) of the Companies Act 71 of 2008in respect of the applicant’s trademark INVESTEC. The applicant had challenges in serving the application by electronic mail on the first respondent. Noted that regulation 7(3) of the Companies Regulations, 2011empowers the Tribunal or the High Court of South Africa to order substituted service where it proves impossible to deliver a document in the manner prescribed by the Companies Act or the Companies Regulations. No proof of service of the application on the second respondent is furnished. Other concerns raised regarding the substantive issues in the matter. Held, that the Tribunal is not satisfied that there was adequate service of the application on the first and second respondents i.t.o. regulation 153 of the Companies Regulations. Held, that the application is refused (without consideration of the issues in the merits)


Decisions and Orders


Date of Decision: 28 Jun 2021

Decisions Status: Refused




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