Insight
August 16, 2026
Registering a trade mark involves more than deciding which name, logo or other brand element should be protected. A business must also identify the goods and services for which it wants that protection, and this is where trade mark classes become important.
For someone encountering the registration process for the first time, the classification system can seem unnecessarily technical. In practice, its purpose is relatively straightforward. Trade mark classes organise the enormous range of goods and services offered by businesses into recognised categories, allowing an application to identify more precisely the commercial activities in respect of which protection is being sought.
Understanding that distinction can make a considerable difference to the protection ultimately obtained.
How trade mark classes work
South Africa uses the international Nice Classification, administered by the World Intellectual Property Organization. The system contains 45 classes, of which Classes 1 to 34 relate to goods and Classes 35 to 45 relate to services.
The classification therefore asks a practical question about the business behind the brand. What goods are being sold under the trade mark, or what services are being provided under it?
A manufacturer selling products under a particular brand will need protection relating to those goods. If the same business also provides services under that brand, another class may become relevant. The distinction becomes particularly important as businesses develop more complicated commercial models in which the same name is used across products, retail activities, software, consulting, training or other services.
CIPC gives a useful example of a business involved with motor vehicles. The vehicles themselves fall within Class 12, while retail services relating to the sale of vehicles fall within Class 35. A business operating under the same trade mark in both areas would therefore need to consider protection in both classes. In South Africa, a separate trade mark application is required for each class in which registration is sought.
This is why simply saying that a business has “registered its name” does not always tell the full story. The goods and services covered by the registration are an important part of understanding the scope of that protection.
Why one trade mark can require several classes
A single brand can perform several commercial functions.
Consider a business that develops and sells its own branded products, operates an online store through which those products are sold and subsequently introduces training or advisory services under the same name. Although the customer may experience all of these activities as part of one brand, the trade mark classification system does not necessarily treat them as one category.
Several classes can therefore be relevant to one business.
This does not mean that every business should attempt to obtain registrations across a large number of classes. The purpose of class selection is to identify the goods and services that genuinely correspond with the way in which the trade mark is being used, together with commercially realistic areas into which the business expects to expand.
The distinction is important because the selection of classes has both legal and cost implications. Each additional class in South Africa requires a separate application, which means that an unnecessarily broad filing strategy can increase the cost of establishing and maintaining a trade mark portfolio. An unduly narrow strategy can create a different problem if significant parts of the business fall outside the protection originally contemplated.
The objective is therefore not maximum coverage for its own sake, but appropriate protection for the commercial activities attached to the brand.
Choosing classes with the business in mind
Class selection should begin with a clear understanding of how the business makes, or intends to make, money from the brand.
That involves looking beyond the company’s general industry description. Two businesses operating in the same sector can require different trade mark protection because they use their brands in different ways. One may manufacture products, another may distribute them, while a third provides a service associated with those products. A company doing several of these things may need protection across more than one class.
Future plans can also be relevant. Where a new product category, service offering or other expansion is reasonably foreseeable, considering it during the trade mark filing process can help the business develop a portfolio that supports its commercial direction.
The same exercise is worth repeating as an established business evolves. A trade mark registration obtained several years ago may have been entirely appropriate at the time, while the business operating under that brand today could be considerably broader.
Trade mark classes are therefore best understood as part of the commercial planning behind a registration, rather than simply as an administrative step in the application process. Selecting them carefully helps ensure that the protection being sought corresponds with the business and the value that the brand is intended to carry.
Barnard's Intellectual Property team assists businesses with trade mark searches, registrations and portfolio reviews, including advice on the classes appropriate to their existing activities and anticipated areas of growth.
