The Applicant has brought an application in terms of section 160(1) and (2) read with section 11(2) of the Companies Act 71 of 2008 (‘the Act’). The Applicant is seeking an order in terms of section 160(3) of the Act that the Respondent be ordered to change its name to one not incorporating their ATE trade mark registration or a confusingly similar version thereof. The Applicant is also seeking a costs order against the Respondent.
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