8.3
Having regard to the aforesaid it is submitted on behalf of the Objector that the name Cape Town Lodge
CC is 'undesirable' and in addition thereto is 'calculated to cause damage' to the Objector as envisaged
in section 20(2) of the Act. The Objector therefore requests the Registrar of Close Corporations to order
the close corporation to change its name to one which is not confusingly and/or deceptively similar to its
trade mark Town Lodge."
Page 46 of [2008] 2 All SA 34 (C)
[10] Of relevance to these proceedings are also the Extracts from the Trade Marks Register, annexed to the
respondents' lawyers letter as Annexure "A" and which recorded the following legend:
"Trade Mark:
Town Lodge Limited
Trade Mark no:
1988/01263
Goods/Services:
Class 42 Accommodation & Conference Facilities
Proprietor:
City Lodge Holdings (Share Block) (Pty) Ltd
Date filed:
19/02/1988
Status:
Registered
Date granted:
01/03/1995
Renewal due:
19/02/2008
Trade Mark:
Town Lodge
Trade Mark no:
1989/10400
Goods/Services:
Class 42 Hotels, motels, catering and all services of every kind and
description connected therewith or ancillary thereto; accommodation
services; interior architecture and decoration; beauty salons;
boarding houses, hostels,[sic!] cafeterias, canteens, restaurants;
ladies' and gentlemen's hair dressing; health resorts and institutions;
holiday camps; hotel management; photography, tourists agency;
travel agents; translation services; hire of vending machines.
Proprietor:
City Lodge Holdings (Share Block) (Pty) Ltd
Date filed:
03/11/1989
Status:
Registered
Date granted:
11/01/1995
Renewal due:
03/11/2009
Trade Mark:
Town LodgeTown Lodge
Trade Mark no:
1991/03196
Goods/Services:
Class 42 Hotels, motels, catering and all services of every kind and
description connected therewith or ancillary thereto; accommodation
services; interior architecture and decoration; beauty salons;
boarding houses; hostels; resorts and all other accommodation
facilities; eating establishments, cafeterias, canteens, restaurants,
drinking facilities; all services connected with and in respect of all
provision of foods and beverages of all kinds; bottle exchanges;
catering and catering contracting; ladies and gentlemen's hair
dressing; health resorts institutions; holiday camps; hotel
management; photography, tourists agency; travel agents;
translation services; hire of vending machines.
Proprietor:
City Lodge Holdings (Share Block) (Pty) Ltd
Date filed:
29/04/1991
Status:
Registered
Date granted:
16/03/1995
Renewal due:
29/04/2011"
Page 47 of [2008] 2 All SA 34 (C)
[11] Not to be outdone, the applicants' lawyers also responded to the claims made by the respondents' lawyers by
sending, also to Mr Mokhaba, an equally argumentative letter dated 23 September 2002. Their letter is as
follows:
"We act for Cape Town Lodge CC. Your notification to our client (hereafter the respondent) dated 6 September 2002
that its corporate name has been objected to has been handed to us together with a copy of the objections for
attention.
The respondent's response is as follows.
1.
The Corporate Name Concerned
1.1
The respondent's corporate name comprises three elements namely:
1.1.1 Cape Town;
1.1.2 Lodge;
1.1.3 C C .
1.2
Regarding the element 'Cape Town' taken up in our client's corporate name the following is relevant: