Introduction to Trademark 43
Trademark Class 43 is renowned for creating unforgettable food and hospitality experiences. It represents a world of comfort and culinary pleasure, offering a variety of services to meet the needs and desires of travelers and diners. From boutique hotels to renowned dining spots, this class is a haven of luxury, flavor, and hospitality.
This class includes services for providing food and drink; temporary accommodation that bring the art of creating memorable experiences to life for both travelers and diners. It mainly includes services provided in relation to the preparation of food and drink for consumption, as well as services for providing temporary accommodation.
Let us discuss the products covered under Trademark Class 43 briefly:
a. Hotel Accommodation Services: This covers Accommodation services, including hotels, motels, inns, and lodges that offer overnight lodging and related services.
Example: Taj Hotels is well-known for luxury hotels and resorts.
b. Restaurant Services: This includes services that offer food and drinks to customers in different dining environments.
Example: Barbeque Nation is a popular chain known for its buffet dining experience, with a particular emphasis on grilled dishes.
c. Catering Services: This includes services that prepare and serve food at various events, including private parties, corporate events, and public gatherings.
Example: Shiv Sagar is popular for traditional Indian catering services and event management.
d. Coffee Shop and Café Services: This covers services that offer coffee, beverages, and light meals in casual settings.
Example: Starbucks is a global coffeehouse chain known for its specialty coffee drinks, teas, pastries, and light meals.
e. Temporary Lodging: This includes any services providing temporary places to stay, including bed and breakfasts and holiday homes.
Example: Airbnb offers a wide range of temporary lodging options, including short-term rentals and homestays.
Inclusions and Exclusions under Trademark Class 43
Trademark Class 43 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 43:
✔ Temporary accommodation reservations, for example, hotel reservations.
✔ Boarding for animals.
✔ Rental of meeting rooms, tents, and transportable buildings.
✔ Retirement home services.
✔ Day-nursery and crèche services.
✔ Decorating of food, food sculpting.
✔ Rental of cooking apparatus.
✔ Rental of chairs, tables, table linen, glassware.
✔ Hookah lounge services.
✔ Personal chef services.
Specific Exclusions in Trademark Class 43:
✘ Business management of hotels (Class 35).
✘ Rental services for real estate, such as houses or flats, for residential use (Class 36).
✘ Housekeeping (cleaning) services (Class 37).
✘ Travel and transport reservation services (Class 39).
✘ Beer brewing and wine making for others, custom manufacturing of bread (Class 40).
✘ Food smoking, food and drink preservation (Class 40).
✘ Educational, instruction, and entertainment services, including those that might involve ancillary lodging or food and drink, provided by, for example, boarding schools, nursery schools, sports camps, discotheques, and nightclubs (Class 41).
✘ Providing museum facilities (Class 41).
✘ Convalescent home and rest home services (Class 44).
✘ Babysitting, pet sitting (Class 45).
Steps involved in registering Trademark under Class 43
Initial Trademark Search for Trademark Class 43
Before starting with the registration process under Trademark Class 43, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 43. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 43
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 43
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 43
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 43. This certificate confirms your exclusive rights to the mark within Trademark Class 43.
Detailed List of goods classified under Trademark Class 43
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Conclusion on Trademark Class 43
Trademark Class 43 covers services related to the provision of food and drink, as well as temporary accommodation, including restaurants and cafes, catering services, hotels and motels, temporary lodging, rental of meeting rooms and conference facilities, etc. As travel trends change and culinary tastes evolve, proper classification and trademark protection under Class 43 is crucial for establishing brand recognition and earning the trust of guests and diners.
For businesses operating in Hospitality, Food, and Drink Services, securing a trademark in Class 43 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to delivering outstanding experiences and flawless service. To explore other trademark classes, refer to the “Trademark Class List” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.
