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CT00471ADJ2020


Posted on 12 Mar 2021
Case number: CT00471ADJ2020
Case type: Name Disputes
Decisions Status: Granted

Objection to first respondent’s name OPEN SERVE under s 160 of the Companies Act 71 of 2008 (the Act) – based on s 11(2)(a)(iii), (b)(iii) and (c)(i) of the Act, that the name is the same as and/or is confusingly similar to applicant’s trade mark OPENSERVE, and/or denotes an association between applicant and first respondent – held: application granted on grounds based on s 11(2)(a)(iii) and (b)(iii) – parties requested to file written argument, after the hearing, on the Tribunal’s jurisdiction to direct second respondent (CIPC) to replace first respondent’s name with its registration number – held: on the basis of a High Court order in an unrelated matter that CIPC is to replace first respondent’s name with its registration number should first respondent default in compliance; held: first respondent is to pay costs of application, save for others.


Decisions and Orders


Date of Decision: 12 Mar 2021

Decisions Status: Granted




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