The applicant is a public company, listed on the Johannesburg Stock Exchange with interests in South Africa and Australia. It is also the proprietor of the trade marks “GROWTHPOINT” and “GROWTHPOINT PROPERTIES” in classes 35 and 36 involving, among others, “[a]dvertising and business services of all kinds and descriptions …; mobile commerce services …; public relations …; distribution and merchandising services”; “insurance, assurance, reinsurance and consultancy services of all kinds…; provisions of financial reports and analysis all relating to risk management …; asset acquisition and disposal services of all kinds and descriptions”.  The applicant is complaining that the second respondent’s name, GROWTH POINT MEDIA AND EVENTS, or part of the second respondent’s name does not satisfy the requirements of sections 11(2)(a)(i); 11(2)(a)(ii); 11(2)(a)(iii); 11(2)(b)(i) and 11(2)(c)(i)2 of the Companies Act 71 2008 (the Companies Act) when considered in relation to its trade marks.