Trademark Registration for Restaurants

Trademark class 43 - restaurants & food services

Why do you need an attorney/advocate to register a trademark?

Trademark attorney assists a trademark holder or a potential trademark holder in every way possible by guidance and legal support. He also makes sure that the trademark he is applying for does not infringe with any other trademark holder. There are numerous reasons why a trademark applicant should consider engaging a trademark attorney to assist in the trademark prosecution. In fact, it is prudent to start working with trademark counsel in advance of the application filing to ensure the proper due diligence is conducted via a trademark clearance search.

We are not a callcenter agents who are offering pathetic services at markets by outsourcing the work to others and will not be helpful in case of litigations

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Procedure and documents for trademark registration of restaurants

Trademark Class 43

Trademarks must be applied or registered under classes and each class represents a distinct class of goods or services. In this post, we comprehensively cover the services which fall under Class 43 of the trademark classification. As per the NICE classification heading for class 43 comes under the classes of services.

Documents required for trademark registration of restaurants

• 1. Selection of Trade or Brand Name.
• 2. Trademark Class 43
• 3. Search the Availability of Mark.
• 4. Filing Application with help of Attorney or Agent
• 5. Filing of Reply for Objection if any.
• 6. Acceptance of Mark.
• 7. Journal Publication.
• 8. Trademark Registration Certificate.

Types of goods come under trademark class 43

• Rental services for real estate such as houses, flats, etc., for permanent use
• Arranging travel by tourist agencies
• Preservation services for food and drink
• Discotheque services
• Boarding schools
• Rest and convalescent homes

Precautions to be taken while filing a trademark application

Most of the Trademark applicant’s end up losing their money, spent on trademark application and professional fee. They also tend to lose something more important than money i.e. their Precious time and Hope. A normal process of a Trademark registration approximately lies between one month to two years. Filing of a Trademark application without taking some precautions will surely make you spent more on filing replies to Registry and for hiring a professional for attending hearings. By now, you have raised high hopes and have given nearly two years of your blood and sweat in building your brand and what you get is failures and refusals in getting your Trademark Registered.

List of good under trademark class 43

• • Accommodation Bureaux [Hotels, Boarding Houses]
• • Bar Services,Food
• • Boarding For Animals
• • Boarding House Bookings
• • Boarding Houses
• • Cafés
• • Cafeterias
• • Providing Campground Facilities
• • Canteens,Cloud Kitchen
• • Rental Of Chairs, Tables, Table Linen, Glassware
• • Rental Of Cooking Apparatus
• • Day-nurseries [Crèches]
• • Rental Of Drinking Water Dispensers
• • Food Sculpting
• • Food And Drink Catering
• • Holiday Camp Services [Lodging]
• • Hotel Reservations
• • Hotels
• • Rental Of Lighting Apparatus*
• • Rental Of Meeting Rooms
• • Motels
• • Restaurants
• • Retirement Homes
• • Self-service Restaurants
• • Snack-bars
• • Temporary Accommodation Reservations
• • Rental Of Temporary Accommodation
• • Rental Of Tents
• • Tourist Homes
• • Rental Of Transportable Buildings

Trademark provides protection for both businesses and consumers by making them an important part of running a successful company.

Frequently asked question (FAQ)

Can a restaurant name be trademarked?

Yes, restaurants need trademarks. Whether you're opening a new restaurant or already own one, you need to register your trademark to avoid Infringement

What is a TM in restaurant?

A trademark essentially protects your name, logo, slogan, symbol, or design from being used by your competitors. Trademarking your restaurant name also helps create a unique and recognizable brand, which will improve customer awareness and attract new patrons

What class trademark is a restaurant?

Class 43: Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.

Case Study

Trademarking is a complex topic which requires serious studying to understand every facet of it.

The Coca Cola Company v. Bisleri International Pvt. Ltd.

In this case, Bisleri was the defendant by a master agreement having transfer and assign the trademark rights for MAAZA. It also gave away the formulation rights, IPR, and know-how along with the goodwill for India for bottling and selling a mango fruit drink – MAAZA to Coca Cola. 

Now, the defendant company applied for trademark registration for the word MAAZA in Turkey and begin exporting the same fruit drink under the given name. The plaintiff, Coca Cola claimed a permanent injunction and infringement damages for passing off and trademark since it was given to them by a defender, Bisleri.

In the end, the interim injunction was held up against Bisleri for using the trademark MAAZA in India even putting it up for export which was a clear case of trademark infringement.

Mr Radhakrishna Adiga vs Vasudev Adigas Fast Food Pvt Ltd., on 4 December, 2013

As per the Supreme Court judgment, the following factors are to be considered for deciding upon “deceptive similarity”:

• • nature of the marks i.e whether they are word marks or label marks or composite marks.
• • Degree of resembleness between the marks such as on phonetic similarity and idea behind them
• • The nature of the goods in respect of which they are used as trademarks
• • Similarity in nature, character and performance of the goods of the rival traders
• • The class of purchasers who are likely to buy the goods [factors such as their education and degree of care they are likely to exercise will be considered.]
• • The mode for purchasing the goods or placing orders for the goods
• • Any other relevant factor

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