CTO2410ADJ2025

This is an application in terms of Section 160 of the Act for an order that the First Respondent’s name TOPPER TUCK SHOP (PTY) LTD (2023/159165/07) does not satisfy the requirements of:

• Section 11(2)(b) of the Act in that it is the same or confusingly similar to the Applicant’s registered, well-known TOPPER trade marks as contemplated in Section 11(2)(a), without exemption under the listed grounds contained in Section 11 (2)(b); and
• Section 11(2)(c)(i) of the Act in that it falsely implies or suggests, or would reasonably mislead a person to believe incorrectly, that the First Respondent is part of, or associated with the Applicant.