The short answer
Serving food and drink and providing catering may fall in Class 43. If packaged foods are also sold under the restaurant name, those goods need separate description. An independent delivery service raises another question. The restaurant name alone therefore does not determine the full trademark specification.
Describe the actual hospitality offering
Your service description should show whether guests eat on site, receive meals for an event or access another hospitality format. The Nice Classification generally places services for providing food and drink in Class 43. The actual service matters more than describing the business as a restaurant, kitchen or food concept.
Record whether the name identifies only one venue or also an independent catering offering. If several hospitality formats use the same brand, consider them before applying. An entry in the commercial register or reserving a name on a platform does not replace a trademark application suited to those offerings.
Record branded sauces and other retail products separately
A sauce on the restaurant menu and a bottled branded product sold through retailers perform different roles. Packaged products need an appropriate goods description. Certain sauces or bakery products may, for example, concern Class 30. That example depends on the product; not every restaurant food automatically falls in the same class.
Record which items you intend to offer as independent goods and which sign they will bear. Registration for restaurant services does not automatically protect every subsequent product line. Check this step before retail launch so that labels and distribution arrangements are based on a deliberately selected scope of protection.
Sources: WIPO: Nice Classification 2026, Class 30 · WIPO: Nice Classification 2026, Class 43
Distinguish a delivery business from order fulfilment
The Nice Classification includes transport and delivery services in Class 39. This does not mean every restaurant using a courier automatically needs to register that additional service. Distinguish delivery as part of fulfilling a food order from a delivery service offered independently under your own trademark.
Describe what customers actually order from you and who transports it. Using somebody else’s delivery platform does not automatically make you the provider of its services. Plan concrete extensions early: the registered specification cannot simply be expanded later, and a class number does not protect everything in that class.
Sources: WIPO: Nice Classification 2026, Class 39 · IPI: Defining goods and services precisely
What you can do now
- List the venue, catering and other hospitality formats.
- Identify packaged products by their actual goods type.
- Distinguish your own delivery service from third-party fulfilment.
Frequently asked questions
Does every restaurant offering home delivery need Class 39?
Not automatically. Assess whether an independent delivery service is supplied under the mark or delivery merely fulfils the hospitality offering. The description should fit the actual business model.
Sources: WIPO: Nice Classification 2026, Class 39 · WIPO: Nice Classification 2026, Class 43
Does my restaurant trademark cover bottled sauces?
Not necessarily. Restaurant services and independent food products are different offerings. What matters is the particular goods and services listed in the existing registration.
Sources: WIPO: Nice Classification 2026, Class 30 · IPI: Defining goods and services precisely