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Posted on 3 Nov 2021
Case number: CT00717ADJ/2021
Case type: Name Disputes
Decisions Status: Granted

Objection by the applicant against the first respondent’s name GROWN 4 U GLOBAL in terms of ss 11(2)(a), 11(2)(b) and s 11(2)(c) of the Companies Act 71 of 2008 in respect of the applicant’s trade mark and name GROWN4U. The applicant complains that the first respondent’s name is the same as its trade mark and name; it is confusingly similar to its trade mark and name, and/or that it falsely implies or suggests or be such as would reasonably mislead a person to believe incorrectly that the first respondent is part of or is associated with the applicant. It is held that the first respondent’s name is clearly not the same as the applicant’s trade mark or name. The objection is upheld with regard to breach of s 11(2)(b) of the Companies Act, with no order as to costs. The order that the Companies and Intellectual Property Commission (the CIPC) be directed to substitute the first respondent’s registration number for its name should the first respondent fail to comply with the order made is refused, due to the absence of service of the application on the CIPC.

Decisions and Orders

Date of Decision: 2 Nov 2021

Decisions Status: Granted

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