Trade mark classes in South Africa: all 45, and how to choose
Classes 1 to 34 are goods, 35 to 45 are services, and you file one application per class. What each class covers, how to work out which ones your business needs – and why a class is not a blanket.
South Africa divides every product and service into 45 classes under the international Nice Classification: 34 for goods, 11 for services. You file one application per class, at R2,990 per class all in. This page lists all 45 in plain English, and then does the harder part – working out which ones your business actually needs.
The short answer
- Classes 1 to 34 are goods. Classes 35 to 45 are services.
- One application per class. South Africa does not allow a single multi-class application, so three classes is three applications at R2,990 each.
- A class is not a blanket. Your protection is the wording of your specification not the class number – filing in class 25 for ‘t-shirts’ does not cover footwear. However, if you file using the default class heading, which is deemed to cover all goods or services in the class, then it should cover everything – but by filing too broadly you may also find yourself infringing on someone’s rights and invite an opposition or cancellation action.
- If you make something and also promoted and sell it under that brand via an e-commerce website that also includes third party goods, you probably need two classes – the goods class, and class 35 for retail.
- Adding a class later is a new application with a new filing date, not an amendment.
The thing most people get wrong
A class is an administrative container. It organises the register; it does not define what you own. What you own is your specification – the particular list of goods or services written into your application.
So two businesses can both hold registrations in class 9 without conflicting, if one filed for downloadable software and the other for diver’s nose plugs. And a competitor filing in a class you already hold is not automatically blocked, because the examiner compares the goods, not the numbers.
It runs the other way too. Sections 10(14) and 10(15) of the Trade Marks Act turn on whether goods or services are “the same as or similar to” each other – not on whether they share a class. Downloadable software in class 9 is not similar to nose clips for divers, which is also class 9. But downloadable software in class 9 may well be similar to browser-based software-as-a-service in class 42. There is more on how the examiner applies that in the guide to the Act.
Find your classes: the tools, in the order to use them
You do not have to work this out from the list below. These tools do most of it, and they get progressively more precise – start at the top and stop when you are sure.
| Tool | What it does | Best for |
|---|---|---|
| Our free register search | Search the South African register by goods or service name as well as by brand. Type “handbags” and it shows which class the existing marks sit in, and which marks are already there. | Finding your class from what you sell, and seeing who is already in it |
| The free AI report | Describe your brand and what you sell in plain words. The report suggests the classes, checks the register for conflicts in them and gives a first view on registrability. | A first cut in under a minute, before you have spent anything |
| The classifier in our filing form | At the class step of the filing form, describe the business and it proposes the classes and the wording. There is a “let the attorneys choose” option if you would rather we did. | Choosing classes as you file; an attorney confirms before anything is lodged |
| TMclass (EUIPO) | The international classification tool. Type any product or service and it returns the Nice class and the accepted wording. South Africa applies the same classification. | Checking the exact class for an unusual product, and finding wording that survives examination |
| TMview and WIPO Global Brand Database | The multi-country registers. Neither carries the South African register, but both show how the same brand has been classified elsewhere and whether it is taken in the countries you plan to sell in. | Brands going abroad, and seeing how other offices classified a product like yours |
| CIPC’s own search | The official register. Searches one class at a time, so you need to know the class first, and broader searches are charged per query. | Confirming a specific mark in a specific class once you know both |
| An attorney search | We search your main classes and the related ones and give a written opinion. Focused R2,750: the marks most likely to be cited, with a short opinion, in 2-3 business days. Comprehensive R5,500: a much wider search, with a full report and filing strategy to rely on. Marketplace R8,990 adds marks in use, company names and domains. | A name you are about to invest in |
A class list is a filing tool, not a business category. Some goods you think of as one line sit in different classes, and some you think of as unrelated sit in the same one – so the tools above are worth a minute even if the list below looks obvious.
“Related” is decided by the goods, not the class number
The examiner asks whether goods or services are the same as or similar to each other, and the class number is not the test. Sunglasses and downloadable software are both class 9 and are not related. Clothing and belts (class 25), handbags (class 18), cosmetics (class 3) and the retailing of those goods (class 35) are in four different classes and are generally treated as related, because the same customer buys them through the same channels.
The questions that decide it: who the users are, what the goods are used for, their physical nature, how they are marketed and through which trade channels, whether they would sit near each other in a shop, and how far they compete. When you are choosing classes, and when you are searching for conflicts, search the related classes as well as your own. How to search properly walks through it.
How to choose your classes
Work from what you sell, never from the class list. Write out every product and service you offer under the brand – including the ones launching in the next year or two – and map each one. Four worked examples, using the businesses that come to us most often:
| Business | Classes | Why |
|---|---|---|
| A clothing brand with an online store | 25 (+ 18) | 25 covers the clothing and selling it under the name – in a shop or online – because that is use of the mark on the clothing. Add 18 if bags are in the range. Class 35 only if the store sells other labels too: retail services are services rendered for others. |
| A restaurant that also delivers and has an app | 43 + 39 + 9 or 42 | 43 for the restaurant service, 39 for delivery, and the app in 9 if it is downloadable or 42 if it is browser-based. Add 30 or 32 if you sell packaged food or drink under the name. |
| A jeweller with a shop who also teaches | 14 + 41 | 14 for the jewellery, which also covers selling it from the shop; 41 for the classes. The teaching arm is the one people forget until a competitor starts running courses under their name. Add 35 only if the shop retails other makers’ jewellery. |
| A SaaS product | 42 (+ 9) | 42 covers software provided as a service. Add 9 only if you also distribute downloadable software – filing 9 alone is the commonest classification error in tech. |
A useful test: for each class you are considering, ask what a competitor could do if you did not hold it. If the answer is “open a shop under my name” or “launch an app under my name”, the class earns its fee. If the answer is nothing you would ever act on, it does not.
What the classes cost
| What | Fee |
|---|---|
| One class – professional fee and CIPC’s official fee together | R2,990 |
| CIPC’s official fee alone, if you file it yourself | R590 per class |
| Two classes | R5,980 |
| Three classes | R8,970 |
| Renewal, every ten years | R2,700 first class, R1,900 each additional |
There is no multi-class discount in South African law, because there is no multi-class application – each class is a separate filing with its own number, its own examination and its own certificate. What that means practically is that classes are the single biggest lever on what a filing costs, and the only one worth thinking hard about before you file. The full cost guide sets out every other fee that can arise.
Classes 1 to 34: goods
| Class | What it covers |
|---|---|
| 1 | Chemicals for industry, science and photography; agriculture, horticulture and forestry chemicals; unprocessed resins and plastics; fire-extinguishing compositions; adhesives for industry. |
| 2 | Paints, varnishes, lacquers; preservatives against rust and deterioration of wood; colorants, dyes; inks for printing and marking; raw natural resins; metals in foil and powder form. |
| 3 | Non-medicated cosmetics and toiletries; non-medicated dentifrices; perfumery and essential oils; bleaching and laundry preparations; cleaning, polishing and abrasive preparations. |
| 4 | Industrial oils and greases, wax; lubricants; dust-absorbing and binding compositions; fuels and illuminants; candles and wicks. |
| 5 | Pharmaceuticals, medical and veterinary preparations; sanitary preparations; dietetic food for medical use; food for babies; dietary supplements; plasters and dressings; disinfectants. |
| 6 | Common metals and alloys, ores; metal building materials; transportable metal buildings; non-electric metal cables; metal hardware; metal containers. |
| 7 | Machines, machine tools and power-operated tools; motors and engines except for land vehicles; machine coupling and transmission components; agricultural implements; automatic vending machines. |
| 8 | Hand tools and implements, hand-operated; cutlery; side arms except firearms; razors. |
| 9 | Scientific, research, navigation, photographic, audiovisual, optical, measuring, signalling and teaching apparatus; computers and computer software; downloadable applications; eyewear; recorded media. |
| 10 | Surgical, medical, dental and veterinary apparatus; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices for the disabled. |
| 11 | Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes. |
| 12 | Vehicles; apparatus for locomotion by land, air or water. |
| 13 | Firearms; ammunition and projectiles; explosives; fireworks. |
| 14 | Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments. |
| 15 | Musical instruments; music stands and stands for musical instruments; conductors’ batons. |
| 16 | Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites; adhesives for stationery; drawing and artists’ materials; instructional and teaching material. |
| 17 | Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos and mica; plastics and resins in extruded form; packing, stopping and insulating materials; flexible non-metal pipes. |
| 18 | Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals. |
| 19 | Non-metal materials for building and construction; rigid non-metal pipes; asphalt, pitch, tar and bitumen; transportable non-metal buildings; non-metal monuments. |
| 20 | Furniture, mirrors, picture frames; non-metal containers for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber. |
| 21 | Household and kitchen utensils and containers; cookware and tableware except cutlery; combs and sponges; brushes; articles for cleaning purposes; unworked or semi-worked glass; glassware, porcelain and earthenware. |
| 22 | Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for transport and storage in bulk; padding, cushioning and stuffing materials; raw fibrous textile materials. |
| 23 | Yarns and threads for textile use. |
| 24 | Textiles and substitutes for textiles; household linen; curtains of textile or plastic. |
| 25 | Clothing, footwear, headwear. |
| 26 | Lace, braid and embroidery; haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair. |
| 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; non-textile wall hangings. |
| 28 | Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees. |
| 29 | Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt and other milk products; edible oils and fats. |
| 30 | Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and cereal preparations; bread, pastries and confectionery; chocolate; ice cream and edible ices; sugar, honey; yeast and baking powder; salt, spices, sauces and vinegar. |
| 31 | Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt. |
| 32 | Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages. |
| 33 | Alcoholic beverages except beers; alcoholic preparations for making beverages. |
| 34 | Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporisers for smokers; smokers’ articles; matches. |
Classes 35 to 45: services
| Class | What it covers |
|---|---|
| 35 | Advertising; business management; business administration; office functions. This is the retail and e-commerce class – a shop or online store selling goods needs it in addition to the class of the goods themselves. |
| 36 | Insurance; financial affairs; monetary affairs; real estate affairs. |
| 37 | Building construction; repair; installation services. |
| 38 | Telecommunications services. |
| 39 | Transport; packaging and storage of goods; travel arrangement. Delivery and courier services sit here. |
| 40 | Treatment of materials; recycling; air purification and water treatment; printing services; food and drink preservation. |
| 41 | Education; providing of training; entertainment; sporting and cultural activities. |
| 42 | Scientific and technological services and research and design relating thereto; industrial analysis and industrial research; design and development of computer hardware and software. Software-as-a-service and app development sit here, not in class 9. |
| 43 | Services for providing food and drink; temporary accommodation. Restaurants, cafes, hotels and guesthouses. |
| 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| 45 | Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals. |
The five classification mistakes we see most
- Filing class 35 for your own goods. Class 35 covers retail, advertising and promotion of other people’s goods. Promoting and selling what you make yourself is use of the mark on those goods and is covered by the goods class. File 35 only where the shop or the marketing service is itself the business – a multi-brand store, a marketplace, an agency.
- Filing class 9 for software that is a service. Downloadable software is 9; software delivered in a browser is 42. Most modern products are 42, or both.
- Filing narrower than your business. There is no cost saving in a narrow specification: you pay per class, not per item, and you can narrow a specification later but never widen it. Claim the class heading, or the full range you sell and plausibly will; carve out goods only where a search shows a conflicting mark in that corner of the class. In a broad class like 35, say which services are actually meant, so the register shows what the mark is used for.
- Leaving the classes of expansion for later. A confusingly similar mark in a related but different class is not guaranteed to be blocked by your registration. If bags, cosmetics or retail are in the plan, file those classes early rather than hoping the clothing registration reaches them.
- Assuming a class you hold covers a new product line. It does not, unless the specification covers it. That is a renewal-time question worth asking every ten years.
How we handle classification
Classification is included in the R2,990. Before anything is filed we ask what you sell, what you are about to sell, and who else is in your market – then draft a specification designed to survive examination rather than to claim as much as possible. Over-claiming is what draws objections; under-claiming is what leaves gaps a competitor can walk through.
If you are not sure how many classes you need, tell us about the business and we will say which classes matter, which can wait, and which are not worth the fee. That conversation is free and it usually saves more than it costs.
Frequently asked questions
How many trade mark classes are there in South Africa?
Forty-five. Classes 1 to 34 cover goods and classes 35 to 45 cover services. South Africa applies the international Nice Classification, the same system used by most countries, so the class numbers mean the same thing here as they do abroad.
How much does each class cost?
R2,990 per class, all in – that includes CIPC’s official fee of R590. South Africa does not allow one application to cover several classes, so three classes means three applications and three fees. There is more detail on every fee in the life of a mark on the cost guide.
Does filing in a class protect everything in that class?
No, and this is the most expensive misunderstanding in the system. Your protection is the specification you filed – the actual list of goods or services – not the class number. If you registered for t-shirts in class 25 you have not automatically covered footwear, even though footwear is in the same class.
Extending into goods you did not list needs a fresh application, even in a class you already hold.
How do I know which classes I need?
Start from what you actually sell, not from the class list. Write down every product and every service you offer under the brand, including the ones you are about to launch, then map each to a class. A business that makes and sells its own goods needs the goods class; class 35 is for retailing or promoting other people’s goods.
If you are unsure, describe your business to us and we will tell you which classes matter and which are not worth the fee.
Can I add a class later?
Yes, but it is a new application with a new filing date, not an amendment to the existing one. That matters, because your priority in the new class runs only from the day you file it. If a class is plausibly part of the plan, filing it at the start is cheaper than filing it after someone else has.
What happens if I file in the wrong class?
The examiner will usually raise it, and correcting a class means a Form TM2 and a fee – or, if the goods do not belong there at all, filing again. The application fee already spent is not refunded. This is the commonest own goal on a self-filed application.
What that letter looks like and how to answer it is set out in the official action guide.
Are the classes the same in other countries?
The class numbers are, because most countries use the Nice Classification. The rights are not. A trade mark is territorial: registering in class 25 in South Africa gives you nothing in the United Kingdom. What the shared numbering does give you is a straightforward basis for filing the same specification abroad.
Is a class the same as a category on my website?
No. Classes are an administrative filing system, not a description of your business. Two things you think of as one product line can sit in different classes, and two things you think of as unrelated can sit in the same one. Software and sunglasses are both class 9; clothing and clothing retail are classes 25 and 35.
Related guides
- What trade mark registration really costs
- How CIPC registration works (and the DIY route)
- What is a trade mark?
- The Trade Marks Act 194 of 1993, in plain English
- Official action from CIPC: what it means and what to do
- Trade mark glossary: every term explained
- Trade marking a clothing brand
- Filing in South Africa from abroad
Written and reviewed by
Stephan Viollier – Trade Mark & IP Attorney, SAIIPL-certified, admitted in South Africa and the United States (New York)
This page explains South African trade mark practice in general terms. It is information, not legal advice on your particular mark – for that, talk to us.
