Trademark Class 43: Food, Drink and Temporary Accommodation
Services for providing food and drink; and temporary accommodation — restaurants, cafés, hotels, catering, and (perhaps surprisingly) animal boarding, which is treated as a hospitality service here.
What Class 43 covers in practice.
Class 43 covers services for preparing and providing food and drink for consumption, and for providing temporary accommodation. Typical services are restaurants, cafés, bars, canteens, snack bars, take-away outlets, ghost kitchens, catering, hotels, motels, boarding houses, holiday camps and hotel reservations. The explanatory note also brings in less obvious services: boarding for animals, retirement homes, day-nurseries and crèches, rental of meeting rooms, tents and transportable buildings, rental of chairs, tables, linen and cooking apparatus, food decorating and personal chef services.
Excluded are business management of hotels (Class 35), rental of houses or flats for residential use (Class 36), travel and transport reservations (Class 39), food preservation and custom manufacturing of bread (Class 40), nightclubs, discotheques and boarding schools (Class 41), convalescent and rest homes (Class 44), and babysitting or pet sitting (Class 45). Food and drink products are goods in Classes 29 to 33. In India, Class 43 is filed by restaurants and dhabas, cloud kitchens, caterers, hotels and resorts, banquet and tent-house operators, canteens and old-age homes.
Not in Class 43
Goods and services often confused with this class, and the class they actually belong to.
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Hotel management for owners Class 35 ↗
Business management of hotels is expressly excluded from Class 43 and classified in Class 35.
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Renting out flats or houses as residences Class 36 ↗
Rental of real estate such as houses or flats for residential use is a real estate service in Class 36, not temporary accommodation.
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Flight, train and bus ticket booking Class 39 ↗
Travel and transport reservation services are excluded from Class 43 and belong to Class 39; only hotel and other temporary accommodation reservations stay in Class 43.
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Nightclubs and discotheques Class 41 ↗
Nightclubs, discotheques, boarding schools and sport camps are classified by their entertainment or educational purpose in Class 41, even when they serve food or provide lodging.
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Convalescent and rest homes Class 44 ↗
Convalescent home and rest home services are excluded from Class 43 and placed in Class 44, while retirement homes stay in Class 43.
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Pet sitting and babysitting Class 45 ↗
Babysitting and pet sitting are excluded from Class 43 and classified in Class 45, unlike boarding for animals and crèches, which stay in Class 43.
What actually falls under Class 43.
The official heading is a legal category, not a shopping list — here are specific products and services from Class 43 people actually search for.
Animal boarding services
Boarding for animals is Class 43, alongside hotels, not Class 44. Pet grooming is Class 44, and pet sitting and dog walking are Class 45.
Banquet hall services
Cake decorating
Decorating cakes is a Class 43 service; the cakes themselves are Class 30 goods, and custom manufacturing of bread for others is Class 40.
Canteen services
Catering services
Cloud kitchen (ghost kitchen) services
Delivery as a separate service is Class 39 (delivery of goods).
Creche / child day-care services
Day-nursery and creche services are Class 43, grouped with the other hospitality services. Babysitting in the family home is Class 45. Animal boarding is also Class 43, while pet grooming is Class 44.
Hotel / accommodation services
Hotel reservations
Booking hotel rooms is Class 43, even when a travel agent does it; booking flights, trains or buses is Class 39.
Ice cream parlour services
Juice bar / bar / pub services
Mobile food truck services
Personal chef services
Rental of chairs, tables and glassware
Rental of holiday accommodation
Short-stay holiday rentals such as homestays are Class 43; renting houses or flats for residential use is Class 36.
Rental of tents
Restaurant / café services
Retirement home services
Retirement homes are Class 43; convalescent homes, rest homes and nursing homes are Class 44.
Snack-bar services
Take-away restaurant services
Which class is my product or service in?
Straight answers for the specific items people search for under Class 43.
Class 43 protects the service of serving food and drink, such as a café or restaurant. Products sold under the same brand are goods: cakes, bread, pastries and confectionery are Class 30, and retail services relating to bakery products are Class 35. A bakery that packs and sells its own products under its brand usually needs Class 30 as well as Class 43. Check each packed item, because some sweets and snacks may fall in another goods class.
Preparing food for customers, including ghost kitchen and take-away restaurant services, is Class 43. Delivery of goods is a Class 39 service, so a cloud kitchen that offers delivery as a separate branded service may also consider Class 39. Running an online marketplace that lists several restaurants is Class 35, and a downloadable ordering app is a Class 9 good.
Hotel reservations and temporary accommodation reservations are Class 43, and the Class 39 note confirms this applies even when travel agents or brokers make the booking. Travel and transport reservations, such as flights, trains and buses, are Class 39. A travel portal that books both rooms and tickets typically files in Class 43 and Class 39.
Retirement home services are listed in Class 43 as a form of accommodation. Where the focus is medical or nursing care, such as nursing home services, convalescent homes, rest homes, palliative care or hospice services, the correct class is Class 44. An old-age home that offers both residence and regular nursing care can cover both by filing in Class 43 and Class 44.
Short stays are temporary accommodation in Class 43, which lists rental of temporary accommodation, rental of holiday accommodation and boarding house services. Renting houses or flats for residential use, apartment house management and real estate agency services are Class 36. A business that offers both nightly stays and long-term residential leases may need both classes.
Services for providing food and drink; and temporary accommodation — restaurants, cafés, hotels, catering, and (perhaps surprisingly) animal boarding, which is treated as a hospitality service here.
Common examples include: Animal boarding services, Banquet hall services, Cake decorating, Canteen services, Catering services, Cloud kitchen (ghost kitchen) services, Creche / child day-care services, Hotel / accommodation services.
Restaurant / café services falls under Trademark Class 43 — Food, Drink and Temporary Accommodation.
Hotel / accommodation services falls under Trademark Class 43 — Food, Drink and Temporary Accommodation.
Catering services falls under Trademark Class 43 — Food, Drink and Temporary Accommodation.
Cloud kitchen (ghost kitchen) services falls under Trademark Class 43 — Food, Drink and Temporary Accommodation. Delivery as a separate service is Class 39 (delivery of goods).
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