Trademark Class 43: Food Services
Choose Class 43 if you are registering a trademark for food or drink services
Class 43 includes services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation. It also includes reservation services for travellers' accommodation, particularly through travel agencies or brokers, and boarding for animals. Class 43 is one of 45 classes used by the U.S. Patent and Trademark Office (USPTO) when grouping products or services. For a complete listing of all goods in Class 43, see below.
Examples of trademarks in Class 43 include:
BURGER 21 (restaurant services), HAMBURGER HAMLET (restaurant services), NAKEDPIZZA (restaurant services).
You would NOT use Class 43 if you were registering:
- rental services for real estate such as houses, flats, etc., for permanent use (Class 36 - Insurance and Finance Services);
- arranging travel by tourist agencies (Class 39 - Shipping and Travel Services);
- preservation services for food and drink (Class 40 - Material Treatment Services);
- discotheque services (Class 41 - Education and Entertainment Services);
- boarding schools (Class 41 - Education and Entertainment Services);
- rest and convalescent homes (Class 44 - Medical and Vet Services).
Related (Coordinated) Classes
If you are not sure whether you should register in Class 43, you might also consider the following “coordinated” classes: Business Services, Class 36 - Insurance and Finance Services, Class 37 - Construction and Repair Services, Class 38 - Telecommunications Services, Class 39 - Shipping and Travel Services, Class 40 - Material Treatment Services, Class 41 - Education and Entertainment Services, Class 42 - Science and Technology Services, Class 44 - Medical and Vet Services, Class 45 - Legal and Security Services. A coordinated class is one that is related to another class, usually because the USPTO has determined that applicants filing within Class 43 often file in the coordinated classes, too.
Why use the class system? Trademark registration is based on a class system. For each class of goods or services that you register, you must pay a separate registration fee. So if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay two fees. You must indicate the correct class at the time you are registering a trademark. If you list the incorrect class, you must start the application process over. Your registrations are restricted to those classes that encompass the goods or services you are already offering (as shown by the specimens you submit) or that you plan to offer (if you are registering on an intent-to-use basis). You may also need information about the class number in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 43
A specimen for service must show use of the mark in a manner that would be perceived by potential purchasers as identifying the applicant's services and indicating their source. Where the mark is used in advertising the services, the specimen must show an association between the mark and the services for which registration is sought. A specimen that shows only the mark, with no reference to the services, does not show service mark usage.
When you are offering a service, you have no product to which you can affix a label. Acceptable specimens for services include a variety of materials that can’t be used for product marks. This includes scanned copies of advertising and marketing materials, such as newspaper and magazine ads, brochures, billboards, direct mail pieces, and menus (for restaurants).
Letterhead stationery and business cards showing the mark may be used if the services are plainly reflected on them, because the name or symbol being claimed as a mark would, in that context, be used to identify the services provided—that is, as a mark rather than as a trade name. A letter on stationery will even be accepted as a specimen for a service mark if the mark appears and the services are described in the letter.
Internet. In cases of services rendered over the Internet, a screen shot of the full web page should be fine. If the mark is being prominently displayed on the home page, so much the better.
The following are unacceptable specimens for marks for Class 43 services:
- news releases or articles based on news releases,
- documents showing trademark rather than service mark usage (use of the mark in connection with goods rather than services),
- invoices and similar documents such as packing slips,
- letterhead or business cards that bear only the mark and a company name and address are not adequate specimens (use of the mark to identify a company, such as on letterhead). As discussed earlier, one exception to this is if the letterhead or the text of the letter identifies the services represented by the mark.
Audio. Most marks appear in writing somewhere. If your mark represents a service, and it appears only on radio ads or in some other audio form, you may submit a sound file of the audio.
For More Information on Trademarks and Federal Registration
Complete Listing of All Goods in Class 43 Based on Taxonomy
- Temporary accommodation, holiday camp services [lodging], providing campground facilities, rental of tents, rental of transportable buildings, rental of temporary accommodation, temporary accommodation reservations, tourist homes.
- Hotels, hostels and boarding houses, holiday and tourist accommodation, accommodation bureaux [hotels, boarding houses], boarding house bookings, boarding houses, hotel reservations, hotels, motels.
- Nurseries, day-care and elderly care facilities, day-nurseries [crèches], retirement homes.
- Event facilities and temporary office and meeting facilities, rental of meeting rooms.
- Catering, food and drink catering, Animal boarding, boarding for animals.
- Rental of furniture, linens and table settings, rental of lighting apparatus other than for theatrical sets or television studios, rental of chairs, tables, table linen, glassware.
- Provision of food and drink, bar services, cafés, cafeterias, canteens, rental of drinking water dispensers, rental of cooking apparatus, restaurants, self-service restaurants, snack-bars.