# Which Trademark Class Do Restaurants Fall Into?

> Restaurants and cafés fall into class 43. But packaged product sales require class 29/30, franchising class 35 and courses class 41. A class map by business model.

- Canonical: https://www.webx.net.tr/en/blog/trademark-class-for-restaurants
- Language: en
- Last updated: 2026-08-20
- Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/)

_Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._

---

Restaurants, cafés and food-and-drink businesses fall into **class 43**: services for providing food and drink, together with temporary accommodation.

But class 43 protects only the *service*. If you sell packaged goods under your own brand, grant franchises or develop side activities, the scope widens.

## Class Map by Activity

| Activity | Class |
| --- | --- |
| Restaurant, café, bar, catering, temporary accommodation | **43** |
| Packaged coffee, tea, bakery goods, desserts, spices, ice cream | 30 |
| Packaged meat, delicatessen, dairy, ready meals, preserves | 29 |
| Bottled water, fruit juice, soft drinks, beer | 32 |
| Wine and other alcoholic drinks | 33 |
| Franchise network management, supply organisation, retail | 35 |
| Cookery courses, gastronomy training, events | 41 |
| Your own ordering app or platform | 42 (+ 9 for a downloadable app) |
| Branded serving plates, glasses, kitchenware | 21 |

## Typical Structures

### Single-site restaurant or café

**Class 43 alone.** Sufficient where there is no side product and no growth plan.

### A café packaging and selling its own product

**43 + 30 (+ 35).** The most common structure: a café packaging its own coffee protects the service with 43 and the packaged product with 30. If there is a sales channel, 35 is added.

This is the point most often missed in the sector. A café holding only class 43 gains no protection for use of the mark on the coffee it packages, and someone else may register the same name in class 30.

### A chain planning to franchise

**43 + 35.** The legal basis of a franchise relationship is a trademark licence, and registration is a precondition. The operation of the network and the business management dimension are assessed in class 35.

Why registration must come before franchising is explained in [Trademarks in Franchising](https://www.webx.net.tr/en/blog/trademarks-in-franchising).

### Cloud kitchen / delivery only

**43** is the core. If you run your own app, 42 (and 9 if the app is downloaded); if you aggregate other restaurants on your platform, 35 arises.

## Risks Specific to Restaurant Brands

### 1. Descriptiveness

Names containing a dish or a cuisine type carry no distinctiveness on their own. "Kebab House", "Pide Salon", "Coffee", "Burger", "Bakery" are stripped out in the similarity assessment and the comparison is made on the remaining core word.

### 2. Conflict with geographical indications

This is a risk peculiar to food and drink and frequently overlooked. Expressions such as "Antep Baklava", "Adana Kebap" or "Ezine Cheese" may be **registered geographical indications**, and applications containing one are refused.

The relationship between geographical indications and trademarks is covered in [Geographical Indications and Trademarks](https://www.webx.net.tr/en/blog/geographical-indications-vs-trademarks).

### 3. Using a city name

Geographical names are not distinctive on their own. A name such as "Istanbul Kitchen" is weak both for descriptiveness and for distinctiveness.

### 4. The difference between a sign and a registration

Using a business name under a municipal licence gives no trademark right over that name. Trade name, business name and trademark are three separate legal concepts: [Trade Name, Business Name and Trademark](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences).

## Before You Open a Branch

Trademark protection arises for the whole country and no registration is required per branch. But the reverse risk exists: if you open branches without registering, someone using the same name in another city may register it first and then assert it against you.

For businesses with growth plans, registration should therefore come before the branch. See [Trademark Registration for Restaurants and Cafés](https://www.webx.net.tr/en/blog/trademark-registration-for-restaurants-and-cafes).

## Search Before You File

Class 43 is a crowded class and similar names are common in the sector. A [similar-mark search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search) before filing shows both refusal and opposition risk before fees are paid.

## Let Us Build Your Scope

Share your menu, your packaged product plans and your growth targets, and our [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) team will separate the classes you need now from those you will need at the franchise stage.

## Frequently Asked Questions

### Which trademark class do restaurants fall into?

The core class is 43: services for providing food and drink, and temporary accommodation. Restaurants, cafés, catering and bar operations all fall within class 43.

### I will package and sell my own coffee. Is class 43 enough?

No. Class 43 protects the service of providing food and drink, not use of the mark on a packaged product. Coffee falls into class 30, dairy and processed foods into class 29, non-alcoholic drinks into class 32.

### Which class do I need to grant franchises?

The legal basis of a franchise is a trademark licence and class 43 is the core. For the operation of the franchise network, business management consultancy and supply organisation, class 35 should also be considered.

### I run a delivery service with online ordering. Is that different?

Preparing and serving the food remains class 43. If you operate your own ordering platform, class 42 arises for the software service; if you bring together third parties' products for sale, class 35 does.

### My restaurant name contains a dish name. Is that a problem?

Terms that directly describe the product carry no distinctiveness on their own. A name like "Adana Kebab House" can raise both descriptiveness and registered geographical indication issues. A distinctive core word needs to be added.

## Related Resources

- [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate.
- [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends.
- [Trademark Classes in Turkey: All 45 Classes Explained](https://www.webx.net.tr/en/blog/45-nice-classification-classes-full-list): What are the trademark classes? The full list of all 45 Nice classes, what each one covers, and the changes introduced by TÜRKPATENT Communiqué 2026/2.
- [Trademark Registration for Restaurants and Cafés](https://www.webx.net.tr/en/blog/trademark-registration-for-restaurants-and-cafes): Opening branches or franchising without protecting your restaurant brand is risky. We explain the role of registration in growth, reputation and chain building.
- [Trademarks in Franchising: The Foundation of Growing a Chain](https://www.webx.net.tr/en/blog/trademarks-in-franchising): Why is trademark registration essential for franchising? Trademark clauses, class 35 franchise services, franchisee use and post-termination rules.
- [How to Choose Trademark Classes: A 5-Step Method](https://www.webx.net.tr/en/blog/trademark-classes-and-nice-classification): How do you choose trademark classes? A five-step method for translating your business into goods and services classes, how to draft scope, and the mistakes to avoid.
- [How to Draft the Goods and Services List for a Trademark in Turkey](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list): How to draft a trademark goods and services list in Turkey: subgroups, broad vs. selective lists, Class 35 retail services, fee item 02.01.34 and an example.
- [Which Class Are Cosmetics Brands Registered In?](https://www.webx.net.tr/en/blog/trademark-class-for-cosmetics-brands): Cosmetics brands are registered in class 3; dermocosmetics and supplements may fall into class 5 and treatment services into class 44. A guide by product type.
