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Posted on 10 May 2018
Case number: CT008FEB2018
Case type: Name Disputes
Decisions Status: Granted

The applicant is the proprietor of the trade mark “NEO”, registered on 31 March 2016 in respect of goods and services in class 9. It objects, in terms of this application, to the company name “NEO COMPUTERS” or the inclusion of the word “NEO” in the name. [For reasons that will become clear below,1 I refer to the first respondent simply as the respondent and the second respondent as the CIPC] The applicant says that the respondent’s name does not satisfy the requirements of sections 11(2)(b) and 11(2)(c)(i)2 of the Companies Act 71 of 2008 (the Companies Act), as the name is confusingly similar to the applicant’s trademark “NEO” and falsely implies or suggests, or is such as would reasonably mislead a person to incorrectly believe that, the respondent is part of or associated with the applicant.3 This Tribunal is requested to direct the respondent to change its name, as contemplated by the provisions of section 160(3)(b)(ii) of the Companies Act,4 plus costs.

Decisions and Orders

Date of Decision: 2 May 2018

Decisions Status: Granted

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