1) This is an application for an order directing the 2nd Respondent to approve the
name OPENFIELD MARKETING JOHANNESBURG PTY LTD. The Applicant has
purchased a majority shareholding in Openfield Marketing and wishes to have a
footprint in Johannesburg under the ‘Openfield’ name.
2) The 2nd Respondent has issued a notice (COR9.5) in terms of Regulation 9,10
and 11 of the Companies Regulations 2011, refusing the Name Reservation
OPENFIELD MARKETING JOHANNESBURG PTY LTD, the reason given is that a
Comparative name exists, and that the geographical word used in the name is not
descriptive enough. The 2nd respondent requests the applicant to qualify the name
further with words describing the principal business.
Preliminary Issues and Background.
3) The Deponent to the Applicant’s papers is Heloise Ceronio, who states that she is
currently employed by the Applicant as the Chief Operating Officer and is
authorised to act on behalf of the applicant. A Resolution passed by the directors
of the Applicant, authorises Heloise Ceronio in her capacity as director of the
applicant to depose to the affidavit in support of the Application. The Resolution is
attached to her affidavit.
4) She avers that the Applicant purchased 51% (fifty one percent) of the issued share
capital of Openfield Marketing (Pty) Ltd Registration 2011/125581/07 on 1st June
2014 and that the applicant wishes to change its name to align it to its new
corporate strategy and has resolved to change its name to OPENFIELD
MARKETING JOHANNESBURG PTY LTD.
5) The directors of Openfield Marketing (Pty) Ltd registration 2011/125581/07, Marc
Tudhope and Debra Barnes obviously have no objection thereto and a letter from
them giving full consent to the change of its name to incorporate the word
‘Openfield’ is attached to the application.