Trademark Class 43, Hotels and Restaurants

Trademark Class 43, Hotel and Restaurant Services

If you own a restaurant, hotel, or other hospitality business, protecting your brand with a trademark is essential. Trademark Class 43 covers businesses offering food, drinks, and lodging services. This includes restaurants, cafes, catering, and temporary accommodations like hotels or vacation rentals. If you serve meals or provide a place to stay, your business likely falls under Class 43.

Understanding how Trademark Class 43 works, what services it includes, and how to properly register a trademark can help you establish and maintain a strong brand identity.

What Are Trademark Classes?

Trademark classes are a structured system used by the United States Patent and Trademark Office (USPTO) to categorize goods and services for trademark registration. There are 45 total classes—34 covering goods and 11 covering services.

Each class helps organize similar goods or services, making the trademark registration process more straightforward and reducing conflicts between similar marks.

What Falls Under Trademark Class 43?

Trademark Class 43 primarily covers businesses that offer food, beverage, and lodging services. This includes restaurants, cafes, and catering companies that prepare and serve food and drinks, as well as hotels, motels, and vacation rentals that provide temporary accommodations for travelers. If your business involves serving meals or offering a place for people (or our furry friends) to stay, it likely falls under Class 43.

Common Services in Trademark Class 43

From dining establishments to lodging and specialized hospitality services, Trademark Class 43 covers a broad spectrum of businesses. Restaurants, hotels, and vacation rentals are some of the most well-known examples, but this class also includes services like event space rentals, pet boarding, and even personal chef services.

Whether your business provides a place to stay, a meal to enjoy, or a venue for special occasions, it likely falls under Class 43. Below are some of the most common services included in this classification.

Temporary accommodation services such as hotels, motels, vacation rentals, and campgrounds
Booking and reservation services for temporary lodging and accommodations
Dining establishments like restaurants, cafes, brewpubs, and food trucks
Boarding services for animals, including kennels and pet hotels
Rental of event spaces for banquets and special occasions
Senior living communities and assisted living facilities
Childcare services, including daycare centers and nurseries
Personal chef and meal preparation services for individuals and events

Services Not Covered in Class 43

Trademark Class 43 focuses on hospitality services, but it doesn’t cover everything related to the industry. Business management for hotels falls under Class 35, while real estate rentals belong in Class 36. Housekeeping services are categorized under Class 37, and transportation reservations are part of Class 39.

If you’re in the business of beer brewing, that’s covered by Class 40, and educational institutions like boarding schools fall under Class 41. Additionally, convalescent home services are classified under Class 44, while babysitting and pet sitting services are grouped into Class 45.

Choosing the correct class is crucial to ensuring your trademark accurately reflects your services and provides the right legal protection. Misclassification can lead to delays, rejections, or gaps in coverage. If you’re unsure which class applies to your business, consulting a trademark expert can help you navigate the process and avoid costly mistakes.

Coordinated Classes for Trademark Class 43

The USPTO suggests coordinated classes to ensure a thorough trademark search. These related classes can include goods and services that might overlap with or complement Class 43 services.

Coordinated classes for Trademark Class 43 include:

Class 35 – Advertising and business services
Class 36 – Insurance and financial services
Class 37 – Construction and repair services
Class 38 – Communication services
Class 39 – Transportation and storage services
Class 40 – Material treatment services
Class 41 – Education and entertainment services
Class 42 – Computer, scientific, and legal services
Class 44 – Medical, beauty, and agricultural services
Class 45 – Personal services
A – Goods certification marks
B – Services certification marks
200 – Collective membership marks

When conducting a federal trademark search, it’s important to consider coordinated classes. These classes help identify trademarks for goods or services that may be closely related to yours.

International classes are grouped, or “coordinated,” when the goods or services in one class are closely linked to those in another. The relationship between goods or services can be defined in several ways: they could be identical, similar, or competitive; used together; targeted at the same consumers; advertised together; or even sold by the same manufacturer or dealer.

How Single-Location Businesses Qualify for "Use in Commerce"

For a trademark to be registered nationally, it must be used in commerce. Even businesses operating from a single location can meet this requirement under certain conditions. The USPTO recognizes that intrastate use may qualify as use in commerce if it has a direct effect on interstate trade.

For example, a restaurant serving out-of-state travelers qualifies as using its trademark in commerce. Similarly, a hotel operating in only one state can meet the requirement if it accommodates guests from other states, has offices in multiple locations, or advertises in national publications.

Services such as hotels and restaurants have been deemed to be engaged in commerce under the 1964 Civil Rights Act, which, like the Trademark Act, is based on the commerce clause.

This means that even if your business operates in just one location, it may still qualify for federal trademark protection if it serves customers beyond its state borders.

Why a Trademark Search Matters for Class 43 Services

Conducting a trademark search before filing is essential for ensuring your chosen trademark is available and does not conflict with existing registrations. A thorough search can prevent costly legal disputes, brand confusion, and the potential rejection of your application.

Elements of a Comprehensive Trademark Search

A proper comprehensive trademark search should cover:

Federal Trademark Search – This search checks the USPTO database for pending or registered trademarks that might conflict with your proposed mark. A pending application could potentially block your trademark if it’s approved before yours. This search is vital for identifying marks that could create issues for national use.

State Trademark Search – This search reviews state trademark databases for marks registered at the state level. State registrations only protect your trademark within that specific state, so it’s important to check these databases to avoid conflicts within those jurisdictions.

Common Law Search – This search looks for unregistered trademarks that are being used in commerce, typically found through business listings, industry publications, and online platforms. Common law trademarks can impact your trademark rights within specific geographic areas, especially if the mark has been used consistently and prominently in those regions. Conducting this search helps identify potential issues even if a mark isn’t federally registered.

A professional trademark search goes beyond just identifying identical matches—it’s about recognizing marks that may be similar in sound, appearance, or meaning. This approach follows the SAM rule, which stands for Sound, Appearance, and Meaning. By considering these three aspects, a trademark search can reveal potentially conflicting marks that aren’t exact matches but could still create confusion.

In industries like hospitality, where businesses often share similar themes or names, identifying related goods and services is essential for avoiding conflicts. A trademark search that takes into account not just identical marks, but also those with related services—especially within Trademark Class 43—ensures that your brand won’t be at risk of confusion with others offering similar services.

For example, a restaurant offering catering services might need to consider trademarks related to event planning or food delivery services. Even though these services aren’t identical, they are closely related and could overlap in the minds of consumers.

Considering related goods and services is a vital component of a trademark search because it ensures your brand is fully protected against potential conflicts that could arise from marks in adjacent areas, even if they aren’t direct competitors.

Acceptable Specimens for Trademark Class 43

A trademark specimen is proof that your service mark is actively being used in commerce. The USPTO requires a specimen to demonstrate that the trademark is directly associated with the services being offered.

Examples of Acceptable Specimens for Class 43 Services:

Online advertising or printed material – Screenshot of a restaurant’s website showing its trademark alongside the menu, location(s), hours, etc.
Marketing materials – Brochure featuring a doggy daycare’s trademark.
Signage – Photo of a café’s outdoor sign displaying the trademark.
Menus – Printed menu with a catering company’s trademark on the front cover.
Receipts and invoices – Hotel invoice showing the trademark and details of a guest’s stay.
Business cards and letterhead – Business card featuring a child daycare center’s trademark along with its services information detailed.

The USPTO requires that specimens show actual use in commerce rather than mock-ups or preliminary designs.

Ensuring your specimen is correctly prepared can help prevent delays or rejections in the application process.

Final Thoughts on Trademark Class 43

Trademark Class 43 protects businesses offering food, drink, and lodging services, making trademark protection essential for brand security. A thorough trademark search is vital for avoiding conflicts and ensuring a smooth registration process.

If you’re considering registering a trademark in Class 43, TradeMark Express can guide you through the process with comprehensive research and expert support. Contact us today to protect your brand effectively!

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Staff Trademark Express