Trademark Class 43 in India: Hotels, Restaurants & Accommodation Services

Key Takeaways

• Class 43 covers restaurants, cafes, hotels, catering, cloud kitchens, bars, and temporary lodging.
• It does not cover packaged food or drinks, alcohol as a product, kitchenware, or standalone travel booking.
• NCL 13-2026 added airport lounge services as a distinct Class 43 service from 1 January 2026.
• Hotel concierge and front-desk services are Class 43. Standalone personal concierge services are Class 45.
• Filing costs ₹4,500 per class for individuals, startups, and MSMEs, and ₹9,000 for companies and others.
• Validity runs 10 years from the date of application, not the certificate-issue date.
• Registration renews indefinitely in 10-year blocks.

What is Trademark Class 43?

Trademark Class 43 covers hospitality services. These include businesses that provide food, beverages, and temporary accommodation. Unlike product trademarks, it protects the service experience and the reputation built around it, not a physical product.

Class 43 falls under the Nice Classification. The World Intellectual Property Organization (WIPO) manages this international system. Trademark registration under Class 43 gives restaurants, cafes, cloud kitchens, hotels, and catering services legal protection against infringement. It also protects their brand identity and creates a long-term asset that can be franchised, licensed, or sold.

Services Covered Under Trademark Class 43

Trademark Class 43 protects a wide range of hospitality services:

• Corporate hospitality services: Arranging accommodation, meals, and event hosting for corporate clients.
• Restaurants and cafes: Dine-in, takeaway, and casual dining services.
• Hotels and resorts: Accommodation, guest services, and hospitality management.
• Cloud kitchens and delivery-only services: Virtual restaurants and food delivery operations.
• Catering services: Event, corporate, and special occasion catering.
• Bars, lounges, and pubs: Beverage services, including food and drinks.
• Airport lounge services: Access to airline or airport VIP lounges.
• Temporary lodging: Guest houses, homestays, hostels, boutique accommodations, and serviced apartments.
• Event venue rentals: Banquet halls, wedding venues, and conference facilities.
• Food service consultancy: Restaurant management, menu planning, and hospitality advisory.
• Mobile or pop-up food services: Food trucks and pop-up cafes.
• Hotel-based guest services: Concierge, front-desk management, and customer service delivered as part of lodging.

What is Not Covered Under Trademark Class 43?

Class 43 does not cover the following, even though they’re closely related to hospitality:

• Packaged food and beverages: Pre-packaged snacks, bottled drinks, or packaged meals fall under Classes 29, 30, or 32.
• Alcoholic beverages as products: Wine, beer, spirits, and liquors sold as goods fall under Class 33.
• Cookware and kitchen tools: Utensils, appliances, and cooking equipment sold as goods fall under Class 21.
• Travel and transport services: Booking, taxi, or travel agency services fall under Class 39.
• Medical, spa, and wellness services: Clinics, spas, and standalone wellness centers not linked to accommodation fall under Class 44.
• Event planning without hospitality: Organizing events without providing catering or lodging falls under Class 35.
• Standalone personal concierge services: Private security or personal assistance not tied to a hotel or lodging service falls under Class 45. Concierge services delivered as part of a hotel stay, by contrast, stay in Class 43.

For example, Starbucks runs its cafes under Class 43. It also registers packaged coffee and bottled beverages under Classes 30 and 32 to cover its full business.

How to Register Under Trademark Class 43 in India?

Here’s the process to register your trademark under Class 43:

• Choose a unique brand name and logo: Avoid generic names like “Hotel Delhi” or “City Restaurant” without unique elements.
• Search first: Check the Indian Trademark Registry for similar names, logos, or hospitality services. You can also use RegisterKaro’s free trademark search tool.
• File the application: Submit your application through the CGPDTM portal. Provide the applicant’s details, trademark representation, service description, and applicable fee. Check the documents required for trademark registration before filing.
• Respond to examination: The Trademark Office reviews your application for conflicts or errors. It may raise objections if it finds a similar mark or missing information. You must respond within 30 days.
• Publication and opposition: Once accepted, the mark is published in the Trademark Journal. Third parties have 4 months to file a trademark opposition.
• Registration and certificate: Once approved, you receive a registration certificate. It gives you exclusive rights to your Class 43 services. The registration is valid for 10 years from the application date, not the certificate issue date, under Section 25 of the Trade Marks Act, 1999.
• Renew on time: Renew the trademark every 10 years. A surcharge applies if you file within 6 months after expiry. Restoration is required if you renew between 6 months and 1 year after expiry.

Class 43 applications typically take 12–18 months if there are no objections or oppositions. The government fee is ₹4,500 per class for individuals, startups, and MSMEs. For companies and other entities, it is ₹9,000 per class. These fees exclude professional service charges.

Common Filing Mistakes for Class 43 and How to Avoid Them

Hospitality businesses often face delays or weak protection due to avoidable filing errors:

• Vague Descriptions: Broad terms like “food services” invite objections. Specify what you offer, such as restaurants, cafes, or catering.
• Skipping the Search: Search the Indian Trademark Registry and WIPO before filing to avoid conflicts.
• Ignoring Future Expansion: List planned services too, like delivery or event hosting, to avoid refiling later.
• Wrong Class: Don’t confuse Class 43 with Class 30 (packaged food) or Class 33 (alcohol).
• Incomplete Documentation: Double-check all forms and logo images before submission.
• Skipping Professional Guidance: A trademark attorney or filing service reduces the risk of rejection.

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