Trademark Class 43: Food, Drink, and Temporary Accommodation Services

When registering a trademark, selecting the correct classification is critical. Trademarks are grouped under the Nice Classification (NCL) system, which consists of 45 different classes: 34 for goods and 11 for services. Each class represents a distinct category of goods or services.

Trademark Class 43 specifically covers services related to the preparation and provision of food and drinks and temporary accommodation services, making it the go-to class for businesses in the hospitality, food service, and hotel industries.

What is Trademark Class 43?

Trademark Class 43 is the trademark classification for businesses involved in hospitality, food services, beverage services, lodging, and accommodations. If your business revolves around preparing, serving, or offering food and beverages or providing temporary shelter, then Class 43 is the right class for your trademark registration.

This class ensures that your brand name, logo, or slogan used in the hospitality industry is legally protected and exclusively yours.

Detailed List of Services under Class 43

Below is a detailed breakdown of services that fall under Class 43, divided into core categories:

1. Services for Providing Food and Drink

These include all services related to preparing, serving, and supplying food and beverages to customers:

• Restaurant services (fine dining, casual, theme-based, etc.)
• Self-service restaurants
• Takeaway food services (QSR chains, cloud kitchens)
• Cafés and coffee shops
• Snack bars and juice bars
• Tea bars and tea rooms
• Bars and lounges
• Canteens (including institutional canteens)
• Fast-food restaurant services
• Food truck services
• Ice cream parlors
• Bubble tea shops
• Mobile food stall services
• Bakeries and confectionery shops (with dine-in or on-site consumption)
• Catering services (wedding catering, industrial catering, corporate events)
• Personal chef services
• Food delivery services offered through restaurants (not third-party aggregators)
• Mobile café and bar services (e.g., pop-up cafés)
• Sushi bars, salad bars, and grill bars
• Ethnic food service providers (e.g., Chinese, Italian, Indian, etc.)

2. Temporary Accommodation Services

These services relate to providing lodging, either on a short-term or occasional basis:

• Hotel services
• Motel services
• Guest house services
• Hostels
• Bed and breakfast (B&B) accommodations
• Resorts and holiday homes
• Holiday camp services
• Farmhouse stays
• Tourist home rentals
• Rental of furnished apartments or flats for temporary stay
• Serviced apartment accommodations
• Cabin and lodge rentals
• Homestay services
• Banquet halls with lodging
• Temporary room rental (e.g., business travelers)
• Rental of tents or yurts for glamping or camping
• Sleep pod or capsule hotel services

3. Hospitality Management and Related Services

These are services that support the overall hospitality experience:

• Hospitality suite services
• Preparation of meals and beverages for guests
• Management of restaurants and hotels
• Reservation services for accommodation or meals
• Booking services for restaurants or hotel rooms
• Event space rentals with food and beverage service
• Providing food and drink in hotels and lodges
• Corporate hospitality (provision of food and accommodation during business events)
• Consultancy in the hospitality sector

4. Specialized and Niche Services Included

Trademark Class 43 also includes certain unique and emerging services:

• Pop-up restaurant services
• Rooftop dining experiences
• Thematic café setups (e.g., animal cafés, book cafés)
• Specialty bars (cocktail bars, mocktail bars, hookah lounges)
• Interactive dining experiences (live kitchen, chef’s table)
• Event-based accommodation services (festival or conference hosting)
• Luxury train or cruise accommodation (only lodging or dining parts)

Clarifications: Services Excluded from Class 43

Class 43 does not include the following:

Examples of Businesses That Need Class 43 Trademark

1. Restaurants, cafés, and bistros
2. Online cloud kitchens or virtual food brands
3. Hotels, lodges, inns, and resorts
4. Food delivery brands with physical kitchens
5. Caterers for weddings and corporate events
6. Hospitality consultants
7. Event venues that offer dining or accommodation
8. Hostels or dormitory facilities
9. Specialty bars and lounges
10. Guest houses or Airbnb-like rentals

Note: Be specific in your trademark application to ensure your services are properly covered and protected.

Why Trademark Class 43 Matters

Registering your brand under Class 43 offers legal protection in one of the most competitive sectors—hospitality and food service. It ensures that your restaurant or hotel brand name, logo, tagline, or theme cannot be copied by competitors. This is particularly valuable for franchising, branding, and expanding your hospitality business.

Real-World Examples of Services under Class 43

To make this more practical, here are some business types that fall under Class 43:

Trademark Class 43 vs Other Similar Classes

To avoid confusion, here’s how Class 43 differs from other nearby classes:

Class   Covers

Class 43--->Services for providing food, drink, and accommodation

Class 35--->Retail and online sale of food or beverages

Class 41--->Entertainment services offered at hotels, bars, etc.

Class 39--->Travel arrangements and logistics for accommodations

Class 44--->Spa and wellness services offered inside hotels

If your hotel offers food and spa services, you may need to register in both Class 43 and Class 44.

Why Register a Trademark Under Class 43?

If you’re in the hospitality or food services business, a registered trademark under Class 43 offers significant benefits:

1. Exclusive Usage Rights

Protects your brand name or logo from being used by other businesses in the same industry.

2. Business Credibility

Customers trust businesses with registered trademarks. It conveys authenticity and professionalism.

3. Prevention of Brand Misuse

Avoids confusion with other similar-sounding names in the hospitality space.

4. Asset Creation

A trademark is an intellectual property that can be monetized—through licensing, franchising, or even sale.

5. Legal Support

You can initiate legal proceedings against trademark infringement if you are a registered owner.

Step-by-Step Guide to Registering a Trademark in Class 43

Here’s how to register your brand under Class 43 in India:

Step 1: Conduct a Trademark Search

Use IP India’s Public Search Tool to check if your trademark is unique in Class 43.

Step 2: Prepare Your Application

You’ll need:

• Trademark name/logo
• Details of the applicant (individual/company)
• Description of services under Class 43
• Power of Attorney (if applying through an agent)
• TM-A form for filing

Step 3: Filing the Application

You can file online via the IP India Trademark Portal or through a registered trademark agent.

Step 4: Examination

The Registrar reviews the application and may issue objections based on similarity, descriptiveness, or legal grounds.

Step 5: Publication and Opposition

If accepted, the trademark is published in the Trademark Journal for 4 months. During this time, others can oppose it.

Step 6: Registration

If no opposition is raised or successfully overcome, your mark is registered and you receive a Trademark Registration Certificate.

International Registration under Class 43

If you operate internationally or plan to expand, you can register under Class 43 globally through the Madrid Protocol. Countries like the USA, UK, Australia, and the EU follow the Nice Classification system, so Class 43 is recognized in similar terms.

Common Mistakes to Avoid in Class 43 Registration

• Using a generic name like “Best Food” which may be rejected
• Filing under the wrong class, e.g., retailing food products under Class 43 instead of Class 35
• Ignoring the similarity check, which can lead to rejection or litigation
• Not renewing the trademark after the 10-year validity period
• Failing to monitor infringement, even after registration

Frequently Asked Questions (FAQs)

Q1: Is a food delivery app included in Class 43?

No. Apps like Zomato or Swiggy operate as intermediaries. Restaurants they partner with fall under Class 43, but the apps themselves fall under Classes 9, 35, and 39.

Q2: Can one business register in multiple classes?

Yes. If you offer multiple services (e.g., a hotel with a spa and restaurant), you may register in Class 43, Class 44, and possibly Class 41 for entertainment.

Q3: Is Class 43 relevant for cloud kitchens?

Absolutely. Cloud kitchens prepare food without dine-in service, but they still fall under food preparation and hence, Class 43.

Q4: What is the validity of the trademark?

A trademark is valid for 10 years from the date of application and is renewable indefinitely.

Conclusion

Trademark Class 43 is one of the most important service classes, covering food, beverage, and accommodation services. If you own or manage a restaurant, cafe, bar, catering company, hotel, or guesthouse, registering under Class 43 is essential for legal protection and brand exclusivity.

With the increasing competition in the hospitality and food industry, a registered trademark is not just a legal safeguard—it's a symbol of trust, quality, and business identity. Don't wait until someone else registers your brand. Act now, and secure your space in the market.

Need Help with Trademark Registration Under Class 43?

We provide end-to-end trademark services including name search, legal consultation, filing, documentation, and post-filing support. Secure your hospitality brand the smart way! Contact Online Legal India to get assisted in filing trademark registration. They have experts to deal with everything related to trademark registration and related compliance services.