The applicant in this matter has brought an application in terms of section 160(1) and (2) read together with section 11(2) (a),(b) and (c) of the Companies Act 71 of 2008 (“the Act”).The applicant is seeking an order that the respondent should be directed to select a name which does not consist of, or incorporate, its Affinity trade mark, or any other mark which is confusingly and/or deceptively similar to its trade mark.