A well known American company’s application to the Companies Tribunal for a South African company to change its name, has been dismissed.
Oregon based Leatherman Tool Group Inc (the applicant), in terms of sections 11 and 160 of the Companies Act, 2008, objected to the registration of an Umlazi Township based company, Leatherman Accessories (Pty) Limited (the respondent), registered in 2014.
Tool Group Inc was seeking an order for the respondent to choose a new name which does not consist of, contain or incorporate the applicant’s well-known LEATHERMAN trade mark or any other mark which is confusingly and/or deceptively similar to the applicant’s trade mark, as well as an order for the respondent to pay its costs in the proceedings.
The Tribunal dismissed the application on the basis of late filing.
It said Tool Group Inc also did not attempt by the applicant to provide reasons as to why its application was only filed with the Tribunal on 25th day of August 2017.
It said it also failed to show good cause as to why its application should be entertained by the Companies Tribunal.
The full decision can be read here.