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CT00670ADJ2021


Posted on 6 Jul 2021
Case number: CT00670ADJ2021
Case type: Name Disputes
Decisions Status: Granted

Objection to the respondent’s name “AFRICANACITY BURIAL SERVICES” under s 160 of the Companies Act 71 of 2008 (the Act). Objection is based on ss11(2)(a)(iii)and11(2)(b)(i) [sc. s 11(2)(b)(iii) of the Act. The grounds for the objection are that the respondent’s name is the same as and/or is confusingly similar to the applicant’s trade mark “AFRICANACITY”. Held, that the claim based on s11(2)(a)(iii)is refused, as the respondent’s name is “not the same as” or identical to the applicant’s trade mark, due to the inclusion of the words “BURIAL SERVICES” in the name. Held, further that the application, as based on s 11(2)(b)(iii)that the respondent’s name is confusingly similar to the applicant’s trade mark is granted, with costs. Held, further that the respondent is directed to change its name and to pay the party and party costs of the applicant.


Decisions and Orders


Date of Decision: 6 Jul 2021

Decisions Status: Granted




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