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IN THE COMPANIES TRIBUNAL OF SOUTH AFRICA
HELD IN PRETORIA
Case number: CT02027/ADJ/2024
In the matter between:
AFRICAN RAINBOW MINERALS LIMITED Applicant
and
AFRICAN RAINBOW HEALTHCARE (PTY) LTD First Respondent
(2021/409279/07)
COMMISSIONER OF THE COMPANIES AND Second Respondent
INTELLECTUAL PROPERTY COMMISSION
Tribunal member: D Terblanche
Date : 20 January 2026
Decision (Reasons and Order)
THE PARTIES
1 The Applicant in this matter is African Rainbow Minerals Limited, a company that is
duly incorporated and registered in accordance with the laws of the Republic of South
Africa. The company bears the registration number 1933/004580/06, and its registered
address is 29 Impala Road, Chislehurston, Gauteng, 2196 ("the Applicant").
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2 The First Respondent is African Rainbow Healthcare (Pty) Ltd. This entity is
incorporated and registered in the Republic of South Africa, with registration number
2021/409279/07. The First Respondent have its registered address recorded as 341
Rigel Avenue, Waterkloof Ridge, Pretoria, Gauteng, 0181. The sole director of the First
Respondent is Terrence Omdutt Kommai ("the director").
3 The Second Respondent is the Commissioner of Companies and Intellectual Property
Commission ("the Second Respondent" and/or "CIPC"), who has been appointed in
terms of Section 189 of the Companies Act 7 of 2008 (the Act) . The Second
Respondent is cited in his official capacity, being responsible for performing the
functions of the Commission as established under the Act. No order regarding costs is
sought against the Second Respondent.
APPLICATION
4. This application is brought under Section 160 of the Act . The Applicant seeks an order
declaring that the First Respondent’s name does not meet the requirements of Sections
11(2)(a)(ii), 11(2)(b), and 11(2)(c)(i). It requests that the company be directed to change
its name in accordance with Section 160, specifically Section 160(3)(b)(ii).
RELIEF SOUGHT
5. The Applicant is seeking the following orders from the Tribunal:
a. An order directing the First Respondent to change its name so that it does not
include the trademark AFRICAN RAINBOW or any words or phrases that could
be confusingly or deceptively similar to the AFRICAN RAINBOW trademarks;
b. If the First Respondent does not comply with the above order within two weeks
from the date of the order, an order that the Second Respondent, under Section
160(3)(b)(ii) read with Section 14(2) of the Companies Act, must change the First
Respondent’s name on the companies register to its company registration number,
"2022/698929/07", as its new company name;
c. An order for costs in favour of the Applicant if the First Respondent opposes this
application; and
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d. Such further and/or alternative relief as the Tribunal may grant.
PROCEDURAL BACKGROUND AND APPLICATION FOR DEFAULT ORDER
6. On 24 October 2024, the Applicant filed this application under Section 11 read with
Section 160 of the Companies Act, 2008, seeking relief against the First Respondent,
African Rainbow Healthcare (Pty) Ltd.
7. Service of the Main Application was properly effected. It was served on the First
Respondent via the sheriff at its registered address on 29 October 2024, and
electronically on its director on 30 October 2024, within the prescribed five -business-
day period. In terms of Regulation 143, the First Respondent’s answering affidavit was
therefore due by 27 November 2024.
8. The First Respondent failed to file an answer. Instead, it sought an extension via a
condonation application. The Tribunal granted this application on 8 April 2025,
ordering the First Respondent to file its answering affidavit within 30 days, by 23 May
2025.
9. The First Respondent has failed to comply with this Tribunal order. As of the date of
filing this application for a default order, no answering affidavit or any further
interlocutory application has been submitted. Furthermore, the First Respondent’s name
remains unchanged.
10. Consequently, the Applicant now seeks a default order under Regulation 153 of the
Companies Regulations.
THE APPLICANT’S BACKGROUND AND TRADE MARKS
11. The Applicant is a prominent South African diversified mining and minerals company
founded by Dr Patrice Motsepe, who serves as its Executive Chairman. Its corporate
lineage extends back to 1933, and it currently operates significant mining ventures
across South Africa and Malaysia, employing thousands. The Applicant and its
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business are widely profiled in media and financial publications, where it is commonly
referred to as "African Rainbow" or "ARM."
12. The Applicant holds substantial trademark rights in the AFRICAN
RAINBOW and AFRICAN RAINBOW MINERALS marks. It is the proprietor of
multiple trademark registrations dating back to 2005, covering a broad range of classes
including metals, jewellery, retail, mining, construction, and professional services.
13. Additionally, it has pending applications for the standalone AFRICAN
RAINBOW mark filed in 2017. These registered rights are valid, enforceable, and have
been consistently renewed. Critically, all these rights predate the incorporation of the
First Respondent by many years.
14. Through decades of continuous, substantial, and widespread use in commerce, the
Applicant has built significant goodwill and an exclusive reputation in these
trademarks. They are now distinctive of the Applicant’s goods and services and are
closely associated with its business in the public mind. Consequently, the AFRICAN
RAINBOW and AFRICAN RAINBOW MINERALS marks qualify for robust
protection as well- known trademarks under statute and are also safeguarded against
passing off under common law.
THE FIRST RESPONDENT'S CONDUCT
15. The First Respondent, African Rainbow Healthcare (Pty) Ltd, was incorporated on 16
February 2021.
16. The Applicant became aware of its existence in February 2024 when its attorneys
identified the name during a routine search of the CIPC’s online records. This search
further revealed that the same director had registered other companies incorporating the
Applicant’s well- known trademark, namely African Rainbow Media and African
Rainbow Laboratories, against which separate objections have been lodged.
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17. On 20 February 2024, the Applicant’s attorneys sent a letter of demand to the director’s
email address, asserting the Applicant’s trademark rights and demanding a change of
name.
18. In response, the First Respondent requested copies of trademark registration
certificates, which were promptly provided on 28 February 2024, along with an
explanation of the well- known status and common law rights in the AFRICAN
RAINBOW mark and references to prior successful Tribunal rulings.
19. Thereafter, the First Respondent’s correspondence adopted a dilatory and obstructive
tone, shifting focus to irrelevant requests for confidential internal documents such as
the attorneys’ mandate, partnership agreement, and licensing details. The Applicant, on
25 March 2024, declined to provide these documents as irrelevant and afforded the
Respondent a final opportunity to comply voluntarily, again citing authoritative
Tribunal precedents. The First Respondent did not provide a substantive reply and has
taken no steps to change its name.
20. The Applicant has therefore been compelled to seek formal relief.
GROUNDS FOR OBJECTION
21. The continued registration of the offending name causes ongoing prejudice. It deceives
the public by falsely implying an association with the Applicant and unfairly damages
the exclusive and distinctive character of the Applicant’s well -known AFRICAN
RAINBOW trademark.
22. A default order is therefore both procedurally appropriate and substantively necessary to
grant the relief sought.
23. Section 160(1) of the Act provides that:
"... any other person with an interest in the name of a company, may apply to the
Companies Tribunal in the prescribed manner and form for a determination
whether the name, or the reservat ion, registration or use of the name, or the
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transfer of any such reservation or registration of a name, satisfies the
requirements of this Act,”
24. The Applicant has an interest in the name of the First Respondent for the purpose of
Section 160 of the Act, as the first two words of the First Respondent's company name
are identical to the first two words Applicant's well -known and prior registered
AFRICAN RAINBOW MINERALS trade mark, in which the Applicant has a major
and direct commercial interest.
25. Section 160(2)(b) provides that:
"An application in terms of subsection (1) may be made:
(b) on good cause shown at any time after the date of the reservation or
registration of the name that is the subject of the application, in any other
case."
26. This application has been brought without undue delay and is supported by the
Applicant’s established history of successfully enforcing its trademark rights before this
Tribunal.
27. The Applicant submitted that there are good grounds for alleging that the First
Respondent's name offends against the provisions of section 11(2) of the Act. The
application is founded on a clear contravention of Section 11(2) of the Act.
28. Section 11(2) (b) and (c) of the Act provides that:
"The name of a company must
(b) not be confusingly similar to a name, trade mark , mark, word or expression
contemplated in paragraph (a) unless,
(i) in the case of names referred to in paragraph (a)(i) , each company bearing
any such similar name is a member of the same group of companies;
(ii) in the case of a company name similar to a defensive name or to a business
name referred to in paragraph (a)(ii), the company, or a person who
controls the company, is the registered owner of that defensive name or
business name;
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(iii) in the case of a name similar to a trade mark or mark referred to in
paragraph (a)(iii), the company is the registered owner of the business
name, trade mark, or mark, or is authorised by the registered owner to use
it; or
(iv) in the case of a name similar to a mark, word or expression referred to in
paragraph (a)(iv), the use of that mark, word or expression by the company
is permitted by or in terms of the Merchandise Marks Act, 1941.
(c) not falsely imply or suggest, or be such as would reasonably mislead a person to
believe incorrectly, that the company-
(i) is part of, or associated with, any other person or entity ...";
29. The First Respondent's name, "African Rainbow Healthcare," is confusingly similar to
the Applicant’s well- known and prior -registered AFRICAN RAINBOW
MINERALS and AFRICAN RAINBOW trademarks, contrary to Section 11(2)(b). The
dominant and distinctive element of the Respondent's name is the phrase "AFRICAN
RAINBOW," which is identical to the Applicant's trademarks. The addition of the
descriptive and industry- specific term "Healthcare" does not mitigate this substantial
and confusing similarity.
30. The addition of the descriptive word "healthcare", which is defined as 'the activity or
business of providing medical services', after the Applicant's AFRICAN RAINBOW
trade mark in the offending company name, is not sufficient to avoid confusion in the
market place. This word shall be understood by people encountering the company as
being descriptive of the service that this company offers or intends to offer, and does
not assist in distinguishing the First Respondent's company name from the Applicant.
Members of the public encountering the First Respondent's name are likely to assume
that the name refers to another entity within the Applicant's own group of companies and
that the Applicant has started a business venture in the healthcare industry.
that the Applicant has started a business venture in the healthcare industry.
31. The First Respondent is not in any way connected to the Applicant, and it is not
authorised by the Applicant to use the AFRICAN RAINBOW MINERALS and
AFRICAN RAINBOW trade marks.
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32. By appropriating the Applicant's distinctive and well -known name, the Respondent's
name falsely implies or suggests an association with the Applicant’s corporate group,
contravening Section 11(2)(c). The Respondent is neither connected to nor authorised
by the Applicant.
33. The registration and use of this name will cause significant prejudice. It is likely to
deceive the public, who may mistakenly attribute the Respondent’s goods or services—
particularly any that are of poor quality—to the Applicant. This poses a direct and
irreparable risk of reputational harm and unfairly dilutes the exclusive and distinctive
character of the Applicant's trademarks.
34. The Applicant’s history of successfully enforcing its rights before this Tribunal against
similarly named entities reinforces the merits of this objection.
ANALYSIS AND EVALUATION
35. This application is unopposed. There is no version by the First Respondent before the
Tribunal. The Tribunal’s analysis and findings are based on the Applicant’s
submissions and the evidence the Applicant supplied.
Jurisdiction and Standing
36. The Tribunal has jurisdiction under Section 160 of the Companies Act, 2008. The
Applicant has a direct and substantial interest in the name of the First Respondent as its
well-known and registered trademark "AFRICAN RAINBOW" is wholly incorporated
within the First Respondent's name, giving it standing to bring this application.
Procedural Compliance and Default
37. Service of the Main Application was properly effected on the First Respondent within
the prescribed period via the sheriff and electronically.
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38. The First Respondent failed to file an answering affidavit by the initial due date of 27
November 2024.
39. The Tribunal granted a condonation application, giving the First Respondent a final 30-
day extension until 23 May 2025 to file its answer.
40. The First Respondent has failed to comply with this Tribunal order. It has not filed an
answering affidavit or any further interlocutory application. The Respondent is
therefore in default.
41. The Applicant has complied with all procedural requirements and is entitled to seek a
default order under Regulation 153.
Substantive Merits: Contravention of Section 11(2)
42. On the uncontested facts, the Applicant has established a clear case that the First
Respondent's name contravenes the Companies Act.
42.1 The Applicant's Prior Rights: The Applicant has proven extensive, longstanding,
and well-known rights in the AFRICAN RAINBOW and AFRICAN RAINBOW
MINERALS trademarks through registrations dating to 2005, pending
applications from 2017, decades of substantial use, and significant acquired
reputation and goodwill. These rights are valid and predate the First Respondent's
incorporation.
42.2 Comparison and Confusing Similarity: The First Respondent's name is "African
Rainbow Healthcare (Pty) Ltd." The dominant, distinctive, and memorable
element is "AFRICAN RAINBOW", which is identical to the core of the
Applicant's trademarks. The addition of the descriptive word "Healthcare" does
not negate the overwhelming visual, phonetic, and conceptual similarity. The
names are therefore confusingly similar in contravention of Section 11(2)(b).
42.3 False Association: By using the Applicant's distinctive and well -known name as
its lead element, the First Respondent's name falsely implies or suggests an
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association with the Applicant, its group of companies, or its licensees. This
contravenes Section 11(2)(c).
42.4 Absence of Consent: It is confirmed that the First Respondent is not connected to,
part of, or authorised by the Applicant to use its trademarks.
42.5 Prejudice and Infringement: The registration and use of the name is likely to
deceive the public, cause reputational harm to the Applicant, and unfairly dilute
the distinctive character of its well-known marks.
FINDINGS
43. Procedure: The application complies with the prescribed form and procedure. The First
Respondent is in default for failing to file an answering affidavit within the time frame
stipulated by the Tribunal's order of 8 April 2025.
44. Interest: The Applicant has a direct and substantial interest in the name of the First
Respondent for the purpose of Section 160 of the Act.
45. Contravention: The company name "African Rainbow Healthcare (Pty) Ltd"
(Registration Number: 2021/409279/07) contravenes Section 11(2)(b) and (c) of the
Companies Act, 2008. It is confusingly similar to the Applicant's prior registered and
well-known trademarks and falsely implies an association with the Applicant.
46. Default Order: The Applicant is entitled to the default order sought.
ORDER
47. In the result, the following order is made:
47.1 The application for a default order in terms of Regulation 153 of the Companies
Regulations, 2011, is GRANTED.
47.2 It is hereby determined that the company name "African Rainbow Healthcare
(Pty) Ltd" (Registration Number: 2021/409279/07) does not satisfy the
requirements of Section 11(2) of the Companies Act, 2008.
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47.3 The First Respondent, African Rainbow Healthcare (Pty) Ltd, is hereby directed,
in terms of Section 160(3)(b)(ii), to change its company name to one which does
not incorporate the words "AFRICAN RAINBOW" and is not confusingly similar
to the Applicant's trademarks.
47.4 The First Respondent is ordered to file the necessary notice of amendment of its
Memorandum of Incorporation with the Companies and Intellectual Property
Commission (CIPC) to effect this change within 30 (thirty) calendar days from
the date of this order.
47.5 Should the First Respondent fail to comply with paragraph 4 of this order within
the stipulated 30 -day period, the Second Respondent (the Commissioner of the
CIPC) is hereby directed, in terms of Section 160(3)(b)(ii) read with Regulation
153(5), to:
47.5.1 Change the infringing name of the First Respondent to its registration
number, "2021/409279/07 (Pty) Ltd", as its interim corporate name
47.5.2 Issue a corrected certificate of incorporation reflecting the interim name.
47.6 There is no order as to costs.
Dated at Johannesburg on 20 January 2026.
_____________________________
D Terblanche
Tribunal member