Intellectual Property Rights from Publicly Financed Research and
R 385
Companies Act, 2008 (Act No. 71 of 2008)RegulationsCompanies Regulations, 2011Chapter 2 : Formation, Administration and Dissolution of CompaniesPart A : Reservation and Registration of Company Names10. Registration of defensive names |
See section 12(9)
| (1) | An application for registration of a defensive name in terms of Section 12 (9) must be— |
| (a) | made in Form CoR 10.1; and |
| (b) | accompanied by— |
| (i) | the fee set out in Table CR 1; and |
| (ii) | evidence that the applicant has a direct and material interest in the name. |
| (2) | An application to renew the registration of a defensive name must be— |
| (a) | made in Form CoR 10.2; and |
| (b) | accompanied by— |
| (i) | the fee set out in Table CR 1; and |
| (ii) | evidence that the applicant continues to have a direct and material interest in the name. |
| (3) | As soon as practicable after receiving an application to register a defensive name, or to renew the registration of a defensive name, the Commission must issue to the applicant— |
| (a) | a Notice Requiring Further Particulars in Form CoR 9.3, if the Commission requires more information to satisfy any relevant requirements in terms of subregulation (1)(b)(ii) or (2)(b)(ii) before determining whether to accept the application; or |
| (b) | a Notice Confirming the Registration in Form CoR 9.4, if the Commission has accepted an application for registration of a defensive name, or to renew the registration of a defensive name; or |
| (c) | a Notice Refusing a Name Reservation or Registration in Form CoR 9.5, if— |
| (i) | the form of the name does not satisfy the requirements of section 11, or regulation 8; or |
| (ii) | the use of that name by the applicant is prohibited in terms of the Act. |
| (4) | If the Commission has accepted the registration of a defensive name that may be contestable on any grounds contemplated in section 12 (3), the Commission, when issuing Form 9.4 in response to that application, must also issue— |
| (a) | a Notice of a Potentially Contested Name, in Form CoR 9.6, to the applicant if the name is contestable in terms of section 12 (3)(a), read with section 11 (2)(b) or (c); or |
| (b) | a Notice of a Potentially Offensive Name, in Form CoR 9.7 to the South African Human Rights Commission and to the applicant, if the name is contestable in terms of section 12 (3)(b), read with section 11 (2)(d). |
