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Posted on 13 Oct 2022
Case number: CT01078ADJ2022
Case type: Name Disputes
Decisions Status: Granted

An application objecting against the registration and continued use of a company name – objection lodged in terms of sections 11(2)(a), 11(2)(b) and 11(2)(c) read with section 160 of the Companies Act, 2008 (Act No. 71 of 2008) – no answering affidavits filed by the respondents – applicant proceeded to file an application for a default order in terms of regulation 153 of the Companies Regulation, 2011 – default order can only be granted if the Companies Tribunal is satisfied that the application was adequately served on respondents – sheriff issued a return of service of the application on first and second respondents – application was served and received by a person in charge and control at the registered address of the first respondent and residential address of the second respondent – service on third respondent done electronically through email communication – the application was adequately served on the respondents – applicant did manage to show good cause for its application to be entertained by the Companies Tribunal – held: application for default order is granted – the name objection application is granted – first respondent’s company name is confusingly similar to the registered trade mark of the applicant – first respondent ordered to change its company name within sixty (60) days from date of the order .

Decisions and Orders

Date of Decision: 13 Oct 2022

Decisions Status: Granted

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