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IN THE COMPANIES TRIBUNAL OF SOUTH AFRICA
CASE NO:
CT02512ADJ2025
In the matter between:
Kap Limited Applicant
(Registration Number. 1978/00018/06)
And
Kaps Petroleum (Pty) Ltd 1ST Respondent
(Registration Number. 2023/742053/07)
COMPANIES AND INTELLECTUAL PROPERTIES
COMMISSION 2nd Respondent
Date of Decision: 30th April 2026
DECISION
INTRODUCTION
1. The Applicant is Kap Limited . It is a duly incorporated South African
company, registered under number 1978/00018/06.
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2. The First R espondent is Kaps Petroleum (Pty) Ltd . It is a duly
incorporated South African company, registered under number
2023/742053/07.
3. The Second Respondent is the Companies and Intellectual Properties
Commission resident at DTI Campus 77 Meintjies Street
4. The Applicant applies to the Companies Tribunal in terms of Section
11(2) of the Companies Act 71 of 2008 (“the Companies Act”), a name of a
company must not be the same as the name of another company,
domesticated company, registered external company, close corporation or
co-operative and must not be confusingly similar.
APPLICANT’S SUBMISSIONS
5. The A pplicant filed its company name objection with the Companies
Tribunal and the A pplicant served the company name objection on the
respondent through the Sherriff. Despite being informed of the application
the first respondent does not oppose it.
6. The Applicant submits that it the R espondents name is confusingly
similar to its name.
7. The Applicant has several trade marks in the term KAP. The Applicant
has been trading since 2003 and has spent extensively on the term KAP .
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The Applicant is operative in 11 countries and operates in a wide range of
businesses.
8. The Applicant argues that the Respondents’ name is confusingly
similar to the Applicants’ and would dece ive the public . It requests that the
Respondent be asked to change its name.
NAME DISPUTES
APPLICABLE LAW
9. Section 11 of the Companies Act provides the criteria for names of
companies.
Subsection (2) is most relevant and states as follows:
“(2) the name of a company must –
(a) not be the same as, or confusingly similar to –
(i) the name of another company, registered external
company, close corporation or co- operative unless the
company forms part of a group of companies using
similar names;
(ii) ... Not relevant
(iii) a registered trademark belonging to a person other than
the company, or a mark in respect of which an
application has been filed in the Republic for registration
as a trademark or a well- known trademark as
contemplated in section 35 of the trademarks act; or
(iv) ... Not relevant
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2 (b) 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;
EVALUATION AND FINDINGS
10. The purpose of section 11 of the Companies Act is to protect names
from being passed off by new companies registering similar names at
the expense of the original name holder of the company or trade mark.
In the case before me the First Respondents’ name is similar to
several trade marks held by the Applicant. The First Respondents
Name is similar to the Applicant s. Both Have the term KAP in them.
This may give members of the public the impression that the
Respondent is associated with the Applicant. This may effect the
Applicants reputation and financially.
11. The First Respondent is thus ordered to change its name to one that
does not include KAP in it.
12. By having the same name as the Applicant members of the public are
misled to believe that the Respondent is associated with the Applicant.
NAME RESERVATIONS
ORDER
a. I find in favour of the Applicant
b. The First Respondent is directed to change its name to one
which does not incorporate KAP and is not confusingly and or
deceptively similar to Applicant's.
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c. The First Respondent is to file a notice of an amendment of its
Memorandum of Incorporation, within 60 days of receipt of this
order in order to change its name as per above.
d. In the event that the First Respondent fails to comply with the
order as aforementioned, within 3 months, from the date of the
order, that Companies and Intellectual Property Commission
(CIPC) be directed, in terms of Section 160(3) (b) (ii) read with
section 14(2) of the Act, to change the First respondent’s name
to is registered company number being 2023/742053/07 as the
First Respondent’s interim company name on the Companies
register.
e. The First Respondent is hereby exempted from the requirement
to pay the prescribed fee for filing the notice of amendment
contemplated in this paragraph.
f. The Second R espondent is required to register the name
applied for by the applicant once the Respondents name is
removed from the registrar by the First Respondent or by CIPC
within three months of the First Respondent failing to do so.
g. The registrar of the Tribunal is instructed to bring this ruling to
the attention of CIPC.
MOHAMED ALLI CHICKTAY
MEMBER OF THE COMPANIES TRIBUNAL