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Posted on 13 Jan 2020
Case number: CT010MAY2015
Case type: Name Disputes
Decisions Status: Dismissed

This is an application for default order in respect of objection to company name –whether the first respondent’s name does not satisfy the provisions of section 11(2) of the Companies Act 71 of 2008 when considered against the applicants’ trade marks “KGANYA” and “SEDI LA KGANYA” – application issued in 2015, but interrupted by settlement negotiations and deregistration process, and revived in December 2019 with trade marks expiring in the meantime in 2016 and 2017 – trade marks no longer offer protection after their expiry date – overall no likelihood of confusion or deception as the first respondent’s name is clearly distinguishable from the applicants’ trade marks.

Decisions and Orders

Date of Decision: 6 Jan 2020

Decisions Status: Dismissed

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