1.2.1 Cape Town is the mother city of the Republic of South Africa and the geographical place where
our client's lodge is situated.
1.2.2 In the Cape Town telephone directory there are over one hundred listings of enterprises
commencing with the geographical designation 'Cape Town' including Cape Town Inn and our
client's listing of Cape Town Lodge. (See annexure 'JS1')
1.2.3 There are over 1 500 (one thousand five hundred) entries of enterprises on the company and
close corporation Registers in the Republic of South Africa featuring 'Cape Town' as an element.
(See annexure 'JS2')
1.2.4 The name of the City of Cape Town as the geographical location falls in the common domain free
of any enterprise to use in its corporate name and as part of its business, as the Registers and
Cape Town telephone directory clearly show;
1.2.5 Cape Town is a particular city and not a 'town' and there is no reasonable likelihood of it ever
being recognised otherwise than for the city which it is.
1.3
The word 'Lodge' is in the common domain in relation to hotel services and the like, and is free for use
by any enterprise in its name or as part of its business, as the Registers clearly show.
1.3.1 Lodge is a common dictionary word with a number of meanings which include 'any large house or
hotel, especially in a resort'.
1.3.2 Cape Town is a major tourist venue and is a resort city.
1.3.3 As at 17 July 2002 there were 2309 (two thousand three hundred and nine) enterprises featuring
the element 'Lodge' recorded on the Companies' and Close Corporations' Registers (see annexure
'JS3').
1.4
In regard to all of the aforegoing the Honourable Registrar is respectfully referred to Webster & Page
'South African Law of Trade Marks' at 16.7.2 where it is recorded:
'It is not unnatural that companies should wish to indicate their titles the nature of business they
intend to carry on or
Page 48 of [2008] 2 All SA 34 (C)
include a reference to the place where they will operate. It will be obvious that such names do not
confer the same rights to prevent imitation as do words that are invented or fanciful.'
1.5
2.
3.
4.
The third element of the respondent's corporate name indicates that it is a Close Corporation
distinguishable as such from a Company.
The Objector's Name
2.1
The objector is City Lodge Holdings (Share Block) (Pty) Limited.
2.2
The name objected to, Cape Town Lodge CC, bears no resemblance whatsoever to the name of the
objector and the objector's name cannot, therefore, provide a basis for the objection.
2.3
Scrutiny of the objection reveals that it is based exclusively upon a trade mark case.
Incorporation
3.1
The trade mark case put forward by the objector is entirely reliant upon the spurious contention that the
name objected to is incorporated in the trade marks of the objector.
3.2
The name objected to is, however, Cape Town Lodge and not Town Lodge. The objector cannot propose
that the Honourable Registrar must imagine the city, Cape Town, away and render it merely as 'Town'.
3.3
Cape Town has the specific geographical meaning ascribed to it in paragraphs [1.2.1], [1.2.4] and
[1.2.5] above and gives that meaning to the corporate name objected to. It is radically different in
conception and meaning to 'Town'.
3.4
In the latter regard the attention of the Honourable Registrar is also drawn to the close corporation Down
Town Lodge CC registered under C90/27654/23. Its principal business is described as that of a
'residential hotel' and it is situated in Cape Town (see annexure 'JS4').
3.5
The word 'Town' is also an ordinary dictionary word of a descriptive nature which falls in the common
domain and it is free for any enterprise to use in its name or as part of its business.
The Trade Marks Relied On
4.1
The objector relies on the trade mark registrations 88/01263 Town Lodge Limited, 89/10400 Town Lodge
and 91/03196 City Lodge Town Lodge all in class 42.
4.2
The objector has not however disclosed a material judicial fact which it was obliged to bring to the
attention of the Honourable Registrar but intentionally did not do so, namely, that each of the trade mark
registrations concerned features a highly relevant disclaimer.
4.3
Trade mark registration no. 88/01263 Town Lodge Limited features the disclaimer: 'Registration of this
trade mark shall give no right to the exclusive use of the words Town, Lodge and Limited, each
separately and apart from the mark.'
4.4
Trade mark no. 89/10400 Town Lodge features the disclaimer: 'Registration of this trade mark shall give
no right to the exclusive use of the words Town and Lodge, each separately and apart fro (sic!) the
mark. By agreement with the proprietor of trade mark application Nos. 88/333951.'