Class 43 Trademark Search India: Restaurants and Food Services

Trademark Class 43 - Overview

Services dealing with short-term accommodation and places to eat and drink are included in Trademark Class 43. Hotel and restaurant services, catering and bar services, among others, fall under it.

Trademark Registration under Class 43 offers you monopoly right over your mark in the accommodation and food service sectors. Registration of your services like hotel stays and restaurant dining to catering and bar services will prevent unauthorised use, which will also help give your brand its uniqueness in the UK as well as elsewhere in the world.

Of the utmost interest to hotels and restaurants, Class 43 of trademark protection avoids infringement of your market presence by competitors and builds your brand's reputation as unique.

Class 43 trademark comes with a 10 years renewable protection, your brand will stay safe and noted forever, making it a long-term property.

What is a Trademark Class 43?

A Class 43 trademark covers services related to food, drink, and temporary accommodation. It includes restaurants, cafés, hotels, bars, catering services, and food delivery. Businesses in the hospitality industry, including resorts, lodges, and guest houses, should register under this class.

Eligibility for Trademark Class 43

Trademark Class 43 encompasses a diverse range of services, including hospitality, food preparation, and accommodation. You can register different types of trademark under this class. Here is a detailed outline of the same:

• Restaurant Services Businesses that provide dining and beverage options to the consumer, including but not limited to restaurants, chains of fast-food, and cafe, can create a trademark through Class 43. This category protects their trademarks, menu innovations, and modes of service
• Catering Services Companies operating catering services, for example catering for parties or corporate events. Trademark also helps to keep these services far from other players in the caterings business who are competing together
• Bar services with alcoholic drink and offers related services to be registered under Class 43. This class provides cover for bars, pubs, and nightclubs, so that all these have a unique brand name and trademarked easily recognisable
• Hotel and motel accommodations: Hotel, Motel, Inn, Resort, etc., can claim their trademarking in this class of businesses, since they provide temporary lodging with other related accommodation services with regard to travellers or tourists during their stay
• Temporary Accommodation: Short-term letting services, for example, through vacation rentals, guesthouses, and homestay, may also be registered under Class 43
• Food Preparation and Delivery Services: The preparation or delivery of food of any kind including meal kits and food delivery services falls under Class 43. This class opens the way to trademark protection for businesses operating in this area.

What Cannot Be Registered Under Trademark Class 43

Trademark Class 43 deals with the provision of food, drink, and temporary accommodation services. However, some goods and services are excluded because they fall under other trademark classes. Proper classification is important to avoid delays in registration and rejection. As per trademark class 43 description here are some of the key exclusions:

• Business management for hotels is excluded and falls under Class 35, which deals with administrative and operation services.
• Rental services for real estate, including houses or flats, fall under Class 36, which encompasses real estate and financial services.
• Those services directed towards maintaining or repairing another's property come under Class 37, such as housekeeping or cleaning services.
• Travel and transport reservations come under Class 39, which has its ambit over the travel arrangement services.
• Beer brewing or wine making and making according to an individual's specification, such as bread, falls under Class 40, which generally involves manufacturing processes.
• Preservation of foodstuffs and smoking services fall under Class 40, as these services are connected with industrial treatment.
• Educational, instructional, and entertainment services, even where combined with ancillary lodging or dining (e.g., boarding schools, sports camps, nightclubs), fall under Class 41
• Museum facilities and exhibitions fall under Class 41, as they are connected with educational and entertainment services.
• Convalescent and rest home services fall under Class 44, as they are related to medical and wellness care.
• Babysitting and pet sitting services fall under Class 45, which is personal and social services.

Related (Coordinated) Classes

Though Class 43 has a specific interest in hospitality, food preparation, and accommodation services, businesses involved in these services may also be relevant in other classes. The following are coordinated classes that will complement Class 43:

• Trademark Class 29: Food and Beverages This class includes foodstuff and beverages such as processed foods, dairy products, and all types of drinks. Companies producing or selling food items can get their trademarks registered under Class 29 along with Class 43 for full brand protection.
• Trademark Class 30: (Staple Foods): Businesses involved in the manufacture or sale of staple foods such as bread, pasta, or confectioneries can file their trademarks under Class 30, in coordination with Class 43 for those offering food services or catering.
• Trademark Class 32: (Beverages-Beers, Soft Drinks and Other Non-alcoholic) for companies offering beverages, including soft drinks, juices, and bottled water, and for trademarking, which will go hand-in-hand with the services in class 43 concerning hospitality and restaurant services.
• Trademark Class 41: (Education and Entertainment Services): Some businesses in the hospitality and tourism industries, such as resorts or entertainment venues, may also fall under Class 41 if they provide entertainment services, such as live performances, tours, or events, alongside their accommodation or restaurant services.
• Trademark Class 44: Medical, Beauty, and Hygienic Services. If the hospitality business is offering health and wellness services such as spas, beauty salons, or a fitness center, Class 44 may be filed in conjunction with Class 43.

Looking to Register Your Trademark Under Class 43?

Before filing your trademark registration, it’s necessary to identify the accurate trademark classes for your product or service. Our free Trademark Search Tool helps you determine the appropriate class for your trademark registration process process and check if the proposed trademark is already registered.