n South African Law Journal - Trade marks : the reach of a retail services registration : notes

Volume 132, Issue 1
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In commerce, the concept 'product' may refer to goods and services sold or rendered whilst utilising a particular brand. Any person applying to register such a brand or trade mark is required to specify the nature of the 'product' concerned. There are 34 so-called 'goods classes', and eleven 'service classes' existing under South African law that can be used for this purpose. This is in line with the Nice Classification System, established by the Nice Agreement (1957), which is an international system for the classification of goods and services as applied to the registration of trade marks. The system requires an application to be filed in an area of interest. For example, a toy company will file an application in class 28 for toys. It should be noted, incidentally, that businesses often file for protection in areas wider than their actual goods or services of interest.

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