The Congress of the People has refused an ANC demand to stop using its new name, the ANC's attorney said on Thursday.

"We received a refusal today, about 10 minutes ago," said senior patent attorney Chris Job.

Earlier this week, the ANC gave Cope until 20 November to use the name, because it believes it enjoys common law in and to the name.

It was rooted in the 1955 event which led to the adoption of the Freedom Charter, the party believes.

It believes that in many political circles the ANC is referred to as the Congress of the People, points out that and the Nguni translation of the ANC is "khongolese", which means congress, and contends that these factors will cause confusion.

The party has lodged a complaint with the Independent Electoral Commission and wants Cope to hand over any branded material for destruction.

A Cope spokesperson was not immediately available to comment.

Meanwhile, the ANC's application against the breakaway party's initial choice of the South African National Convention, was postponed indefinitely in the Pretoria High Court.

Job said on both sides affidavits and answering affidavits had not been filed yet.

He said the matter may eventually become moot.

ANC spokesperson Jessie Duarte said the party had anticipated the indefinite postponement, but this did not mean the case was off the court record.

The breakaway party was launched by former defence minister and ANC chairperson Terror Lekota, his deputy Mluleki George and the former premier of Gauteng Mbhazima Shilowa in the aftermath of former president Thabo Mbeki's resignation.

Cope is their third name choice after the South African Democratic Congress was found to belong to a breakaway of an IFP breakaway.

Sapa