Class 35 vs Class 43 — which trademark class do you need in India?

Restaurant and food businesses in India weigh Class 43 (actually serving food and drink) against Class 35 (the business, franchise and retail side). Running outlets is Class 43; franchising and brand management is Class 35. Growing chains often file both.

Class 35

Services · Business & franchise

Advertising; business management and administration services

Advertising; Business management, organization and administration; Office functions

Class 43

Services · Food service

Services for providing food and drink; temporary accommodation

Services for providing food and drink; Temporary accommodation

Class 35 vs Class 43 at a glance

	Class 35 · Business & franchise	Class 43 · Food service
What it protects	Business management, franchising, advertising, retail	Providing food and drink — restaurants, cafes, catering
Typical filer	A chain running a franchise model	A restaurant, cafe, cloud kitchen or caterer
Example	Franchising a restaurant brand to operators	Serving meals at an outlet or via delivery
Cloud kitchen	The business/aggregator layer	The food-service operation itself

Which class should you choose?

Choose Class 35 if…

You franchise, advertise or manage a food brand as a business.

Choose Class 43 if…

You actually serve food and drink — a restaurant, cafe, cloud kitchen or catering service.

File both if: You run outlets AND operate a franchise/brand-management business — typical for scaling restaurant chains.

Frequently asked questions

Is a restaurant Class 43 or Class 35 in India?

Actually serving food and drink — restaurants, cafes, dhabas, cloud kitchens, catering — is Class 43. The business side (franchising, advertising, brand management, multi-brand retail) is Class 35. A single outlet needs Class 43; a franchising chain often files both.

What class is a cloud kitchen?

A cloud kitchen is Class 43 for the food-service operation. If it also runs a franchise model or aggregator business, Class 35 applies too, and the technology platform may need Class 42.

I want to franchise my restaurant brand — which class?

Franchising and brand management is Class 35, while the outlets serving food remain Class 43. To both operate and franchise, file both classes.

Related class guides

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