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Trademark Class 43 Explained: Food & Accommodation

The service of feeding or housing someone is Class 43. The food product itself, sold separately, is a completely different class — and a venue built around entertainment first isn't Class 43 at all, even if it serves drinks.


Quick Answer

Class 43 covers services for providing food and drink for consumption, and services for providing temporary accommodation — restaurants, cafés, catering, hotels, and similar venues. It does not cover the packaged food products a restaurant might separately sell (that's Class 29 or 30), and it does not cover venues where entertainment is the primary purpose, such as nightclubs, even if they serve drinks.

Class 43 sounds simple on the surface — food, drink, a place to stay — but the boundary it draws is about the service of feeding or housing someone, not the products involved or the venue's atmosphere. That distinction is exactly where restaurant and hospitality brands most often misfile.

What Class 43 Actually Covers

The official heading is simply "Services for providing food and drink; temporary accommodation." The explanatory note clarifies this covers services related to preparing food and drink for consumption, and services for providing temporary lodging. In practice, that includes:

What's Commonly Mistaken for Class 43

Often Assumed to Be Class 43Actual Class
Packaged food products sold separately (sauces, spice mixes, ready meals)Class 29 or 30, depending on the product
Beverages sold as retail products, not served in-venueClass 32 or 33
Discotheques and nightclubs (entertainment-first venues)Class 41
Boarding schools and nursery schools (education-first, with ancillary lodging)Class 41
Rental of drinking water dispensers used industrially, not for guestsDepends on context — check the specific use

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Why a Nightclub Isn't Class 43

Classification follows the venue's primary purpose, not everything it happens to offer. Educational, instructional, and entertainment services are classified according to that primary activity, even when they involve ancillary lodging or food and drink — sport camps, discotheques, and nightclubs are explicitly called out as Class 41, not Class 43, despite serving food or drink as part of the experience.

This is a useful example of a broader classification principle: a business is sorted by what it fundamentally does, not by every incidental service it happens to bundle in. A restaurant's core offering is food service, so it's Class 43. A nightclub's core offering is entertainment, so it's Class 41, even though both might have a bar.

Who Typically Files in Class 43

Restaurants, cafés, catering businesses, hotels, resorts, and event-space rental services all typically file here. This is one of the more straightforward classes in terms of who needs it, since the class heading maps closely to how these businesses actually describe themselves. Before settling on a name, a free trademark search can confirm it's genuinely available in Class 43 and any other class your business needs.

Classes Often Filed Alongside Class 43

Our full cost breakdown post covers this same multi-class logic using a food-and-beverage example.

Service, Not ProductClass 43 covers the food/lodging service, not the goods sold
Primary PurposeNightclubs are Class 41 (entertainment), despite serving drinks
Class 29/30Needed separately for packaged food products

Cost for Class 43

The government fee is the same as for any other class: ₹4,500 per class for individuals, sole proprietors, DPIIT-recognised startups, and MSMEs filing online, or ₹9,000 per class for companies and other entities. If your restaurant also sells packaged products, that's a separate class and a separate fee. Our cost calculator can total this up for your specific combination.

Frequently Asked Questions

What does trademark Class 43 cover in India?
Class 43 covers services for providing food and drink for consumption, and services for providing temporary accommodation. This includes restaurant, café, catering, bar, and canteen services, along with hotel, motel, boarding house, and campground accommodation.
Are packaged food products covered under Class 43?
No. Class 43 covers the service of preparing and serving food, not the food products themselves. A restaurant that also sells packaged food, sauces, or ready-to-eat products separately needs Class 29 or 30 for those products, in addition to Class 43 for the restaurant service.
Is a nightclub or discotheque classified under Class 43?
No, generally not, even though it serves drinks. Venues whose primary purpose is entertainment, such as discotheques and nightclubs, are classified under Class 41 as entertainment services, with any food or drink service treated as ancillary rather than the defining activity.
Do hotel reservation services made through a travel agent fall under Class 43?
Yes. Reservation services for travellers' accommodation, including bookings made through travel agents or brokers, are classified under Class 43, since they relate directly to the temporary accommodation service itself.
Does a restaurant that also sells food products need more than one class?
Often yes. The restaurant service itself is Class 43. If the same business also manufactures and sells packaged food products, such as sauces, spice blends, or ready meals, under the same brand, that typically requires a separate filing in Class 29 or 30, depending on the product.

Not Sure If Your Business Needs Class 43, 29/30, or Both?

Use the free class finder to check, or ask a specific question about your restaurant or hospitality business.