Tool Wholesale Holdings (Pty) Ltd. v Action Bolt (Pty) Ltd. and Another (535/88)
Tool Wholesale Holdings (Pty) Ltd. v Action Bolt (Pty) Ltd. and Another (535/88) [1990] ZASCA 135; 1991 (2) SA 80 (AD); [1991] 1 All SA 424 (A) (16 November 1990)
The Supreme Court of Appeal held that the registration of trade marks for 'retail and wholesale services' is not permissible under the Trade Marks Act, as the sale of goods does not constitute a service within the meaning of the Act. The ancillary activities performed by the appellant, such as providing advice and assistance to customers, are indissolubly linked to the process of selling and do not qualify as distinct services for the purposes of service mark registration. The court endorsed the reasoning in the Miele case and the Dee case, finding that the business of a retailer is the sale…
Source excerpt
- Trade Mark Registration
- Service Marks
- Rectification Of Register
- Ancillary Services
- Passing Off