TRADEMARK CLASS 43: Hotels and Restaurants

When travelers set foot in a new city, two essentials top their list: a place to rest and a place to eat. Hotels, cafés, and restaurants are not merely businesses—they embody experiences, trust, and comfort. Safeguarding these identities in commerce is precisely what Trademark Class 43 under the Nice Classification (NCL) is designed for.

What is Trademark Class 43?

Under the NCL, trademarks are grouped into classes for different types of goods and services. Class 43 covers establishments that provide food, beverages, and temporary accommodation.

If you own or plan to establish a hotel, resort, hostel, restaurant, café, bar, nightclub, or catering service, your brand will fall under this classification.

Services Covered Under Class 43

1. Hotels, Resorts, and Temporary Lodging – inns, serviced apartments, motels, hostels.
2. Restaurants, Cafés, and Food Chains – dine-in, takeout, or fast-food services.
3. Bars, Pubs, and Nightclubs – venues serving beverages and entertainment.
4. Catering & Food Delivery – event catering and delivery services.
5. Other Hospitality Services – bed-and-breakfasts, boarding houses, banquets, food trucks.

Why Protect Your Brand Under Class 43?

The hospitality industry thrives on reputation. A strong trademark builds consumer trust and can become synonymous with luxury, affordability, or culinary excellence. Registering your brand under IPOPHL ensures:

• Exclusive rights to use your name or logo for hospitality services.
• Protection against misuse or imitation by competitors.
• Stronger position for expansion, including franchising or international operations.
• Legal remedies in case of infringement, opposition, or cancellation disputes.

Without protection, businesses risk brand dilution, marketplace confusion, or costly litigation.

Common Misunderstandings: What Class 43 Does Not Cover

• Packaged food products (snacks, drinks) → Classes 29, 30, 32.
• Real estate or property leasing (hotel buildings) → Class 36.
• Travel and booking agencies → Class 39.

Correct classification is essential to avoid rejection by IPOPHL examiners.

Case Example in the Philippines

In McDonald’s Corporation v. MacJoy Fastfood (G.R. No. 166115, 2007), the Supreme Court recognized that trademarks in the food service industry carry significant goodwill. The Court held that the confusing similarity between “MacJoy” (a Cebu-based restaurant) and “McDonald’s” could mislead consumers, emphasizing the importance of protecting dining brands under Class 43.

This case shows that even local businesses can be stopped from using marks that ride on the reputation of well-established brands.

Filing and Protection with IPOPHL

To file under Class 43, an applicant must submit:

• The application form with reproduction of the mark, list of services, and applicant’s details.
• Payment of official fees.
• If a foreigner, appointment of a local agent is mandatory.
• Filing is done electronically via IPOPHL’s eTMFile system.

After filing, the application undergoes formality and substantive examination by IPOPHL. If accepted, it is published in the IPOPHL e-Gazette for opposition. Competitors may oppose within 30 days, extendible by 45 days.

The Essence of Class 43

More than just a legal category, Class 43 reflects the age-old tradition of hospitality. From roadside inns on ancient trade routes to modern luxury hotels and Michelin-starred dining, these establishments represent culture, comfort, and human connection. By trademarking in Class 43, Filipino businesses not only protect their commercial interests but also safeguard their legacy in the industry.

‍