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Co-operatives Act, 2005 (Act No. 14 of 2005)

Regulations

Co-operatives Administrative Regulations, 2016

Chapter 1 : Co-operative Registration and Support

Part 1 : Co-operative Registration, Governance and Maintenance

12. Name reservation

 

(1) Any person who intends to form a co-operative or any co-operative which intends to change its name must, on Form CO-OP 5 and on payment of the fee set out in Schedule 1 and together with such evidence as envisaged in sub-regulation 3 hereof, apply to the Registrar for the reservation of a name.

 

(2) A reservation contemplated in sub-regulation (1) shall be valid from the date of approval by the registrar for a period not exceeding six months.

 

(3) If the proposed co-operative name contains any word, or combination of words, in any language that constitute—
(a) a registered trade mark; or
(b) a mark in respect of which an application has been filed in the Republic for registration as a trade mark; or
(c) a well-known trade mark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No 194 of 1993);

the application or notice filed to reserve or use that name must include satisfactory evidence that the applicant or the co-operative to use that name is entitled to use that word or combination of words. Satisfactory evidence shall consist of:

(i) the result of a search conducted by the Registrar of Trade Marks in terms of regulation 47 of the Trade Marks Regulations in accordance with the Trade Marks Act, 1993 (Act 194 of 1993); or
(ii) a certified copy of an entry in the Register of Trade Marks as provided for in section 22(5) of the Trade Marks Act, 1993.

If such evidence is proved through either (i) or (ii) as stated above, the Registrar will accept on face value that no trade mark name will be infringed.

 


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