Trademark Class 43: Restaurants, Cafés, Catering and Hotels
Class 43 covers services for providing food and drink and temporary accommodation: restaurants, cafés, cloud kitchens, caterers, hotels and guest houses. It also includes crèches and pet boarding. Registration lasts ten years and can be renewed.
What class 43 covers
The official class heading reads: “Services for providing food and drink; temporary accommodation.”
The WIPO explanatory note ties Class 43 to preparing food and drink for consumption and to temporary accommodation. It also takes in hotel reservations, day-nurseries and crèches, retirement homes, boarding for animals, and rental of meeting rooms, tents and cooking equipment.
Section 7(1) of the Trade Marks Act, 1999 asks the Registrar to follow the Nice Classification: 45 classes, with 1 to 34 for goods and 35 to 45 for services. The edition in force since 1 January 2026 is NCL 13-2026. Under Section 7(2), the Registrar’s decision on the class is final.
Common services in class 43
Food and drink
- Restaurant, café and canteen services
- Take-away and cloud kitchen services
- Catering and personal chef services
- Bar, snack-bar and hookah lounge services
Temporary accommodation
- Hotels, motels and guest houses
- Holiday camps and campgrounds
- Hotel and accommodation reservations
- Rental of meeting rooms and tents
Care and other services
- Day-nursery and crèche services
- Retirement home services
- Boarding for animals
- Rental of chairs, tables, linen and glassware
What is not in class 43
These involve food or lodging, yet the WIPO explanatory note places them elsewhere.
| Service | Where it goes |
|---|---|
| Business management of hotels for others | Class 35 |
| Rental of houses and flats for living in | Class 36 |
| Housekeeping and cleaning services | Class 37 |
| Travel and transport reservations | Class 39 |
| Brewing beer or making wine for others, custom bread making, food preservation | Class 40 |
| Convalescent and rest homes | Class 44 |
| Babysitting and pet sitting | Class 45 |
| Packaged food sold as products | Goods classes such as 29 and 30 |
Who usually files in class 43
Outlets that cook and serve
Restaurants, dhabas, cafés, cloud kitchens, bakeries with seating, sweet shops serving customers, and food franchise brands.
Businesses that cater and host events
Wedding and corporate caterers, banquet halls offering catering, tent and furniture rental businesses.
Places that host guests, children or pets
Hotels, resorts, homestays, guest houses, hotel booking platforms, crèches and pet boarding centres.
Tips before filing
Search before you paint the signboard
Run a trademark search in Class 43 and in Classes 29 and 30. Restaurant names often clash with packaged food brands.
Cover the products too
Selling sauces, sweets or snacks in packs? Add the goods class. Class 43 protects only the service.
Think franchise early
Planning franchises? Register the brand before you sign the first agreement, because a licence is only as strong as the mark behind it.
Claim the opening date
Running for years? Claim the date your outlet first used the name, and keep old bills or menus as proof.
Frequently asked questions
Does a sweet shop file in Class 43 or Class 30?
Usually both. Serving customers at the counter or seating area is a Class 43 service. Sweets, bakery items and confectionery sold as packed products are goods in Class 30. If you only run an outlet, Class 43 may be enough, but once you supply boxes to other shops or sell online, Class 30 protects the product name. One application can cover both classes.
Is a cloud kitchen covered by Class 43?
Yes. Preparing food for take-away or delivery is listed in Class 43 as take-away restaurant and catering-type services, so a cloud kitchen files here. If the kitchen also sells its own sauces or snacks in sealed packs, those are goods in Class 29 or Class 30. Here is the catch: a kitchen running three delivery brands needs a separate application for each name.
Is a homestay in Class 43 while flat rental is in Class 36?
Yes. Temporary accommodation, such as a homestay, guest house or hotel, falls in Class 43. Renting out houses or flats for people to live in is a real estate service in Class 36. The test is the nature of the stay: short, hotel-style stays belong in Class 43. We check how you market the property first.
Does a travel agency file in Class 43?
Partly. Booking hotels and other temporary accommodation is listed in Class 43, but arranging travel and transport reservations is Class 39. A Faridabad travel agent selling Shimla packages with hotel stays is a typical case: it files Class 39 and Class 43 together. The official fee is charged for each class.
How much does it cost to file a trademark in Class 43?
The government fee for Form TM-A is ₹4,500 per class when an individual, startup or small enterprise files online, and ₹9,000 per class for everyone else. Paper filing costs ₹5,000 or ₹10,000. Each extra class in the same application is charged separately. We quote our own fee upfront, so you know the full cost before filing.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
One application can cover several classes, but Section 18(2) of the Trade Marks Act charges the official fee for each class. Form TM-A fees per class:
| Form TM-A, per class | E-filing | Physical filing |
|---|---|---|
| Individual, startup or small enterprise | ₹4,500 | ₹5,000 |
| All other applicants | ₹9,000 | ₹10,000 |
Ready to begin?
Share your restaurant, café or hotel name and we will search Class 43 and the food classes, then file before you print the menus.