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Posted on 6 Jul 2021
Case number: CT00560ADJ2021
Case type: Name Disputes
Decisions Status: Dismissed

Application to object to the respondent’s name TRANSITALWORX under s 160 of the Companies Act 71 of 2008 (the Companies Act). The application is based on s11(2)(b)(i) (i.e. that the respondent’s name is confusingly similar to the applicant’s name TRANSITAL ENGINEERING) and s 11(2)(c)(i) (i.e. that the respondent’s name denotes an association between the applicant and the respondent) of the Companies Act. The respondent was registered in 1981 under the name TRANSITAL; the applicant in 1998 and the objection was raised after the respondent changed its name from TRANSITAL to TRANSITALWORX in 2020. Held, that the applicant did not invent the word or name TRANSITAL and thus has no right to exclude the respondent from the use of the word and that the respondent’s name does not offend the provisions of the Act. Also, held-with regard to the respondent’s preliminary objections that the applicant delayed in the prosecution of this application in breach of s 160(2) of the Companies Act and that the Companies and Intellectual Property Commission ought to have been joined as a party to these proceedings–that the objections are dismissed. Further, held, that the facts of the matter do not warrant an order as to costs against either party.

Decisions and Orders

Date of Decision: 6 Jul 2021

Decisions Status: Dismissed

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