Trademark Class 43: Food, Beverage & Hospitality Services – Complete Legal Guide (India)
Introduction
In India’s booming food and hospitality industry, branding is everything. Whether you’re running a fine-dining restaurant, a café chain, a hotel, a food truck, or a delivery-only cloud kitchen, your brand identity defines customer loyalty, online presence, and expansion opportunities.
However, with thousands of eateries and hospitality startups launching every year, trademark infringement, copycat names, and logo theft have also become common. That’s why Trademark Class 43 exists to legally protect businesses involved in providing food, drinks, and temporary accommodation services.
This comprehensive guide explains:
- What services are covered under Class 43
- What services are excluded
- Real trademark examples in India
- How to file, legal documents needed, and strategy
- FAQs, common mistakes, and branding tips
- Madrid Protocol filing for global hospitality brands
Legal Definition – Trademark Class 43
According to the Nice Classification (11th edition) and Trade Marks Act, 1999, Trademark Class 43 includes:
“Services for providing food and drink; temporary accommodation.”
It covers any establishment or service provider that serves food, beverages, or provides a place for temporary stay. Whether dine-in, take-away, delivery-only, or event-based, if you’re feeding or hosting people, Class 43 is your category.
Services Covered Under Class 43
Food & Beverage Services
- Restaurants and food courts
- Cafés, bistros, tea lounges
- Bars, pubs, and cocktail lounges
- Fast food joints and QSRs
- Fine dining restaurants
- Self-service food outlets
- Drive-in restaurants
- Food trucks and street food chains
- Ice cream parlors and dessert stations
- Juice and smoothie bars
- Cloud kitchens (delivery-only food prep units)
Catering & Meal Services
- Catering for events, weddings, corporate functions
- Tiffin services (home-delivered meals)
- Industrial or institutional canteens
- Office pantry food supply
- Banquet and buffet services
- Chef-on-demand and home chef platforms
- Custom meal planning services (e.g., diet-specific)
Hospitality & Accommodation
- Hotels and resorts
- Motels, inns, guest houses
- Homestays and serviced apartments
- Bed & Breakfast (B&B)
- Farm stays and boutique retreats
- Hostels and dormitories
- Tent accommodation and glamping
- Online room booking portals
- Hospitality aggregators (OYO, Airbnb, etc.)
Online & Aggregator Services
- Food delivery platforms (Zomato, Swiggy)
- Restaurant listing and table booking apps (EazyDiner)
- Cloud kitchen management platforms
- Online travel accommodation aggregators (MakeMyTrip, Airbnb)
Who Should Register Under Trademark Class 43?
This class is suitable for businesses engaged in:
- Running food or beverage outlets
- Providing catering or chef services
- Operating hotels, lodges, or homestays
- Managing cloud kitchens or food prep hubs
- Hosting banquet halls or wedding venues
- Offering short-stay accommodation
- Creating food ordering or table booking platforms
What Is NOT Included in Class 43
| Service | Correct Class |
|---|---|
| Packaged food products (biscuits, sauces) | Class 29 or 30 |
| Alcoholic beverages manufacturing | Class 33 |
| Restaurant marketing or branding | Class 35 |
| Software or apps for food ordering | Class 42 |
| Food delivery logistics | Class 39 |
| Franchising consultancy | Class 35 |
| Catering equipment rental | Class 43 or Class 35 |
Key Tip: Class 43 is about serving food, drinks, or accommodation to people, not manufacturing or promoting them.
Real Trademark Examples – Class 43 (India)
| Brand Name | Filed For |
|---|---|
| Zomato | Online food ordering and delivery platform |
| Swiggy | Food delivery and restaurant aggregator |
| Domino’s | Fast food restaurant and food delivery |
| Barbeque Nation | Dine-in, buffet, and grill restaurant |
| OYO Rooms | Online hotel booking and accommodation services |
| MakeMyTrip | Room booking and holiday accommodation |
| Chai Point | Tea café and beverage retail |
| Haldiram’s | Restaurants and sweet shops |
| Faasos | Cloud kitchen and delivery-based food brand |
| Behrouz Biryani | Delivery-only kitchen brand |
| Theobroma | Bakery and café |
| Wow! Momo | QSR chain and food courts |
Why Trademark Protection in Class 43 is Important
- Protect your brand name/logo from imitators
- Avoid customer confusion in your area
- Build trust with platforms like Zomato and Swiggy
- Boost franchise and expansion opportunities
- Essential for legal protection on delivery apps or social media
- Supports long-term brand loyalty
How to File a Trademark in Class 43 (India)
- Search for Trademark Availability: Use IP India Public Search tool
- Draft Form TM-A: Describe services clearly: e.g., “Restaurant, café, food delivery, hotel services”
- File Online or via Attorney: Use ipindiaonline.gov.in or a trademark agent
- Registrar Examination: Checked for conflicts or issues
- Publication: Open to public objections for 4 months
- Registration Certificate: Issued for 10 years if no opposition
Required Documents:
- PAN & Aadhaar
- TM-48 if filing via agent
- Logo image (if applicable)
- Udyam/MSME (optional)
- Menu, brochure, or website listing (optional)
Global Trademark Registration – Madrid Protocol
Perfect for:
- International restaurant chains
- Cloud kitchens expanding abroad
- Hotel groups and accommodation aggregators
- Global catering or food court operators
| Country | Trademark Class |
|---|---|
| India | Class 43 |
| USA | Class 043 |
| UK | Class 43 |
| EU | Class 43 |
| WIPO (Madrid) | Class 43 |
Common Filing Mistakes
- Using vague descriptions like “food services”
- Ignoring device mark (logo) registration
- Missing out on sub-brand protection
- Filing in wrong classes (e.g., Class 30 instead of 43)
- Thinking listing on Swiggy/Zomato protects you – it doesn’t
Always file: Brand name (word mark), logo (device mark), sub-brands, and slogans if applicable.
Tips for Class 43 Trademark Applicants
- Mention dine-in, take-away, catering, cloud kitchen explicitly
- Include “temporary accommodation” for hotel brands
- Cloud kitchens: Mention “delivery-only food preparation”
- Home chefs: Mention “home-style cooked meals”
- Aggregators: Mention “facilitation of food ordering”
FAQs – Trademark Class 43
- Q1. Is online food delivery part of Class 43?
✅ Yes - Q2. Are cloud kitchens covered?
✅ Yes - Q3. Is hotel booking covered?
✅ Yes - Q4. What about tiffin or home chef services?
✅ Yes - Q5. Do I need to file in Class 29/30 also?
✅ Yes, for packaged products - Q6. Is a food truck a Class 43 business?
✅ Yes - Q7. Are pubs and bars included?
✅ Yes - Q8. Are banquet halls included?
✅ Yes - Q9. Do I need a separate registration for each cloud kitchen brand?
✅ Yes - Q10. Is menu name registration necessary?
✅ Optional, but recommended
Conclusion
Trademark Class 43 is critical for any business that serves food, beverages, or offers accommodation. In a competitive and trust-based industry, brand protection is not optional—it’s essential.
Whether you’re a single café or a multi-brand hotel group, we help you secure legal ownership over your name, logo, and identity.
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