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 EXCELSIOR INTERIOR DESIGN DECOR AND TRADING (emphasis added) is prohibited in terms of Section 11(2) of the Act, in that it incorporates and is inter alia confusingly similar to the Applicant’s EXCELSIOR (emphasis added) trademark, which is registered in South Africa, and should not be permitted to remain in its current form on the Companies register.
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