Class 43 trademarks provide an essential service in the hospitality and food industries through the protection of business operations related to providing food and drink services, accommodation, and ancillary services. This class will help ensure businesses operating in these fields - hotels, restaurants, catering, and tourism-related enterprises - can protect their brand and make it stand out in this highly competitive industry. Whether you run a restaurant, offer catering services, or manage hotels, registering your trademark under Class 43 is essential to secure your business identity and build consumer trust.

What is Trademark Class 43?

Trademark Class 43 under the NICE Classification System primarily relates to services that are food and beverages and temporary accommodation. Businesses that provide dining services, lodging, catering, and other hospitality services fall under Class 43. Class 43 is important to hospitality businesses because of brand protection, which plays a very important role in keeping one competitive and maintaining customer loyalty.

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Services Included in Trademark Class 43

Trademark Class 43 encompasses a long list of services that are of food, beverages, and accommodation:

1. Hotels and Temporary Accommodation: 

Hotels, motels, resorts, guesthouses and other establishments offering short-stay lodging.

2. Restaurants and Cafes: 

Restaurant, cafeteria, café, snack bar etc. services for food and drink establishments.

3. Catering Services: 

Catering services to events, banquets and other gatherings.

4. Bars and Pubs: 

This would involve any services related to serving alcohol or non-alcoholic beverages that a customer consumes on the premises.

5. Takeaway and Delivery Services: 

These would involve food and drink delivery services.

6. Reservation Services: 

All services related to making accommodation reservations or dining reservations fall within Class 43.

7. Travel and Tourism Services: 

Booking accommodation is also considered part of some travel services, which come under Class 43.

Learn What is Trademark Infringement Under Section 29 of the Trade Marks Act, 1999

Services Not Included in Trademark Class 43

Although Class 43 provides wide hospitality-related services, some products and services still are exempt. Such excluded services and products relate to the following categories: sales of cooked or raw foods at a retail food outlet, cooking appliances, and wholesaling foodstuff. The latter two products are still categorized in other classes; that is

Food Products for Sale: 

Food items, ingredients, and packaged food sold through retail outlets are not part of Class 43, but are instead included in Class 29 or Class 30, depending on the type of product.

Food Preparation and Kitchen Equipment: 

Manufacturing or selling kitchen appliances, utensils, and cooking equipment are not Class 43 services. They are usually classified under Class 8 (tools), Class 21 (household utensils), or Class 11 (appliances).

Alcoholic Beverage Production: 

Bars and pubs are Class 43 services, but the production or wholesale distribution of alcoholic beverages is Class 33.

Food and Beverage Retail Services: 

Retail services offering food, drinks, or any other relevant products are classified as distinct under Class 35.

Also, Read What is the Step-By-Step Guide to Trademark Registration Process

List of Services in Class 43 of Trademark

Here is the comprehensive list of services that must be classified under Trademark Class 43:

• accommodation bureaux [hotels, boarding houses]

• bar services

• boarding for animals

• boarding house bookings

• boarding houses

• cafés

• cafeterias

• providing campground facilities

• canteens

• rental of chairs, tables, table linen, glassware

• rental of cooking apparatus

• day-nurseries/crèches

• rental of drinking water dispensers

• food sculpting

• food and drink catering

• holiday camp services/lodging

• hotel reservations

• hotels

• rental of lighting apparatus

• rental of meeting rooms

• motels

• restaurants

• retirement homes

• self-service restaurants

• snack-bars

• temporary accommodation reservations

• rental of temporary accommodation

• rental of tents

• tourist homes

• rental of transportable buildings

Get to Know the Trademark Renewal Procedure Under Section 25 of Trademark Act, 1999

Summing Up

Registration of a trademark under Class 43 is highly essential for hospitality, catering, and food service businesses to secure their brand identity. Whether you run a hotel, restaurant, or catering service, trademark registration will ensure that your services stand out in a competitive marketplace, establish legal ownership, and help maintain a strong brand presence. Knowing what services are included in Class 43 and understanding its boundaries will enable you to safeguard your intellectual property effectively and lay the foundation for business success in the hospitality sector.

Get to Know What is the the Trademark Registration Cost In India

Trademark Class 43: FAQs

Q1. What does Trademark Class 43 entail?

Class 43 covers hospitality services such as hotels, restaurants, bars, catering, and accommodation.

Q2. Does Trademark Class 43 encompass the sale of food products?

No, retail food sales fall under Class 29 or Class 30, not Class 43.

Q3. Does Trademark Class 43 cover kitchen appliances?

No, kitchen appliances are covered under other classes, such as Class 11 or Class 8.

Q4. Are alcoholic beverages covered by Trademark Class 43?

Yes, it comprises bars and pubs that sell alcoholic beverages. 

Q5. Does Class 43 include travel and tourism services?

Yes, services like booking accommodation and travel reservations are included in Class 43.