This appeal relates to an application by the Appellant to rectify the trades marks register by having a disclaimerentered against a trademark registered in the name of the Respondent to the effect that the registration of the trademark did not give a right to the Respondent to the exclusive use of the name, "Liquorice Allsorts".The Respondent relied upon section 15 of the Trade Marks Act 194 of 1993 which provides that if a trademark contains matter which is not capable of distinguishing within the meaning of section 9, a court may require that the proprietor disclaim any right to the exclusive use of such matter. The Court considered whether the term Liquorice Allsorts is capable of distinguishing the liquorice confectionery Beacon from the same product of any other person, ie whether Liquorice Allsorts is the name of the product or whether it is the name of Beacon's product. Held ­ Beacon is not entitled to the exclusive use of the name Liquorice Allsorts because it is used by Beacon and others in the trade to describe the product and not to distinguish Beacon's products from that of others. The Court considered whether it had the discretion to require a disclaimer and held that this was an appropriate case for the entry of a disclaimer. The Court held that the applicable trademark was to be rectified by the insertion of a disclaimer to the effect that the Respondent had no right to the exclusive use of the name Liquorice Allsorts