| (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.
