This is an application in terms of section 160 of the Companies Act 71 of 2008 (the Act). The basis of the application is that the Respondent’s name DAYTONA MOTO offends against the provisions of Section 11(2) (b) and (c) of the Act, in that it incorporates and is inter alia confusingly similar to the Applicant’s name and trademarks that are registered in South Africa. An application is made for the condoning of the Applicants non compliance with Regulation 142 (2) by serving the company name objection on the Respondent prior to filing it with the Tribunal.
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