Trademark Class 43: Food Services

According to NICE Classification, Trademark Class 43 is opted to register a trademark for services for providing food and drink; temporary accommodation.

The NICE Classification was established in 1957 by NICE Agreement, and it divides marks into 45 different classes by Goods and Services (Classes 1-34 for Goods and Classes 35-45 for Services). The purpose of these classifications is to allow users to seek trademark goods or services into classes most appropriate to their business.

TM Class 43 includes services provided by individuals or group or establishments targeting food or drink for consumption. It also provides services to obtain bed and board in hotels, PG, boarding houses or other similar establishments providing temporary accommodation.

Why Should We Opt For TM Class 43?

You would choose Trademark Class 43 if you were registering services related to:

• reservation services, reservation for travellers accommodation, reservation through travel agencies or brokers, reservation through travel agents.
• boarding of animals.

Why you should not use TM Class 43

• rental services for real estate industry such as flats, houses, villa for permanent use (Class 36)
• travel arranged by tourist agencies (Class 39)
• food preservation services, preservation services for the drink (Class 40)
• discotheque services (Class 41)
• convalescent and rest homes (Class 44)

Related Classes

A related trademark class is one that is related to another class; this is due to the Indian Trademark Office (ITO) has determined that applicants registering within Class 43 may register in these other classes too.

If you are not sure while choosing Class 43 for your service, you also consider the following “Related Classes”:  Class 36- Insurance and Finance Services, Class 35 - Advertising and Business Services, Class 38 - Telecommunication Services, Class 40 - Material Treatment Services, Class 37 - Shipping and Travel Services, Class 41 - Education and Entertainment Services, Class 42 - Science and Technology Services, Class 39 - Transport and Travel Services, Class 44 - Medical and Vet Services, Class 45 - Legal and Security Services.

Trademark Registration fees also vary on bases of the Class system. You must pay a separate registration fee for each class of goods and services that you want to register. For instance, if you are going to register a trademark for posters in Class 16 and shirts for Class 25, you should pay two separate fees.

It is necessary to choose the correct class at the time of registering a trademark, if you register a trademark in the wrong class, you must start the registration process from the beginning.

List of All Goods Covered Under TM Class 43

• Temporary accommodation services, tourist homes, temporary accommodation reservations, rental of temporary accommodation, rental of transportable buildings, rental of tents, providing campground facilities, holiday camp services(lodging).

• Hotels, holiday and tourist accommodation, hostels and boarding houses, hotels, motels, hotel reservations, boarding houses, boarding house bookings, accommodation bureaux.

• Nurseries, elderly care, day-care facilities, retirement homes, day-nurseries.

• Event facilities, Temporary meeting and office facilities, rental of meeting rooms.

• Catering, boarding for animals, food and drink catering, animal boarding.

• Rental of linens, furniture and table settings, rental of chairs, rental of television studios, table linen, glassware, rental of lighting apparatus other than tv studios.

• Provision of food and drink, snack-bars, self-service restaurants, rental of cooking apparatus, rental of drinking water dispensers, canteens, cafeterias, cafes and bar services.