Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 4 : Business Names and Industry Codes of ConductPart A : Business names80. Registration of business names |
| 1) | A person may file a notice with the Registrar in the prescribed manner and form, and with payment of the prescribed fee, to— |
| a) | register any number of business names being used, or to be used, by that person in carrying on the person’s business; |
| b) | register the same business name translated into any number of official languages of the Republic; |
| c) | change a registered business name; or |
| d) | transfer a registered business name to another person. |
| 2) | The Registrar must register— |
| a) | a business name, or translation or change of a business name, as filed, if it satisfies the requirements of section 81; or |
| b) | a transfer of a business name, as filed. |
| 3) | If the Registrar believes on reasonable grounds that a person has applied to register a business name, or a translation or change of a business name, that does not satisfy the requirements of section 81— |
| a) | the Registrar must notify the applicant accordingly; and |
| b) | the procedures set out in the Companies Act, 1973 (Act No. 61 of 1973), for resolving disputed names of companies, read with the changes required by the context, apply to the resolution of the disputed business name. |
| 4) | If, during the time that a business name is registered to a person, the Registrar, on reasonable grounds, believes that the person has not been carrying on business under that name for a period of at least six months, the Registrar— |
| a) | by notice in the prescribed form, may require the person to whom the business name is registered to show cause in the prescribed manner and form why the registration should not be cancelled; and |
| b) | may cancel the registration by notice in the prescribed form if the person to whom the business name is registered fails to respond to the notice within the prescribed time, or fails to provide— |
| i) | satisfactory evidence that the person is conducting business under the registered business name; or |
| ii) | a reasonable explanation for not conducting business under that name as noted by the Registrar. |
| 5) | A person affected by a decision of the Registrar in terms of subsection (4) may apply to the Tribunal to review the determination. |
