This is an application in terms of Section 160 of the Companies Act 71 of 2008(the Act), for a determination that the first respondent’s registered name, MAROPENG PROJECTS (Pty) Ltd, does not satisfy the requirements of Section 11 of the Act in that, the said name is confusingly similar to the applicant’s registered trade mark MAROPENG and the applicant’s name, MAROPENG á AFRIKA LEISURE.