What is Trade Mark Class 43?
Emily Young
Suppose you are considering registering a trade mark for your intellectual property, such as your business’ logo or slogan. When applying, you must select a trade mark class. Trade mark classes are categories of goods and services that you can register your trade mark under. These classes determine the scope of your trade mark protection. Trade mark class 43 is one of the 45 classes you can register under. This article will take you through the key things to know about trade mark class 43 and trade mark classes more generally.
Trade Mark Classes
Trade mark classes refer to the different categories of goods or services under which you might use your trade mark. Divided into 45 categories by the Nice classification system, this system recognises 34 categories of goods and 11 categories of services.
When applying for trade mark registration, you will first consider what brand asset you want to trade mark. However, you should consider which trade mark classes you will use your trade mark under. Your trade mark will only protect you concerning the class of goods and services you select.
For example, suppose you register a trade mark for your business’ logo under trade mark class 43. In that case, someone with a similar business name who sells clothing products, which is in a different class, can have a similar logo to yours without infringing on your trade mark. However, another business operating in class 43 cannot use a similar trade mark.
Once you make your application, you cannot add more classes. Instead, you will have to apply for a new trade mark in that class, repeating the entire application process. To avoid this, make sure to select the correct classes the first time.
Trade Mark Class 43
Trade mark class 43 is a service class that includes food, drink and short term accommodation services. The table below explains some of the services that fall into class 43.
| Service type | Examples |
| Food and drink | • Cafes • Cafeterias • Self-service restaurants • Snack-bars • Food and drink catering • Advisory services for food preparation • Bars • Restaurants and pubs • Cocktail lounges • Cake decorating • Airplane meals • Restaurant consultancy • Providing information relating to food and drink services, including wine and food pairings |
| Temporary accommodation | • Hotels and motels • Boarding houses • Hostels • Boarding house bookings • Campgrounds • Kindergartens • Retirement homes • Tent rental • Hotel reservations • Rental of meeting rooms and conference and exhibition facilities |
| Animal boarding | • Pet hotels and motels • Pet daycare |
| Furniture rental | • Rental of chairs, tables and glassware • Rental of light fixtures • Rental of water dispensers (for drinking) |
The above table is a general guide and not a complete list.
What is Not Included in Trade Mark Class 43?
While seemingly fitting into trade mark class 43, the following services are inappropriate for trade mark class 43:
- rental services for real estate, including houses or apartments for more long-term use;
- arranging travel (e.g., as a tourism agency);
- preserving food and drink; and
- boarding schools.
If your service is one of the above, you must consider other trade mark classes.
Key Takeaways
Obtaining a trade mark registration is an important step for your business, so you must do it properly to ensure comprehensive trade mark protection. Trade mark class 43 may be appropriate for your business if your services are related to:
- food and drink;
- temporary accommodation;
- animal boarding; or
- furniture rental.
If you need help determining the best trade mark class for your goods or need general trade mark assistance, our experienced trade mark lawyers can help. You can get in touch with them on 1300 657 423.
Frequently Asked Questions
Trade mark classes refer to the different categories of goods or services that your business fits into. Divided into 45 categories by the Nice classification system, this system recognises 34 categories of goods and 11 categories of services. These classes define the scope of your trade mark protection.
Trade mark class 43 is a trade mark class covering a range of services. Broadly, it includes services relating to food and drink, temporary accommodation, animal boarding and furniture rental.