Meaning of registered brand name in the context of GST rates (Press Release 05 July 2017)


Meaning of registered brand name in the context of GST rates (Press Release 05 July 2017)

Press Information Bureau
Government of India
Ministry of Finance
05-July-2017 13:23 IST


Meaning of registered brand name in the context of GST rates; CGST rate of 5% will not be applicable on the supply of goods unless the brand name or trade name is actually on the Register of Trade Marks and is in force under the Trade Marks Act, 1999

The Central GST (CGST) rate on supply of certain goods, such as chena or paneer, natural honey, wheat, rice and other cereals, pulses, flour of cereals and pulses, other than those put up in unit container and bearing a registered brand name, is NIL. Supply of such goods, when put up in unit container and bearing a registered brand name attracts 2.5% CGST rate.

Doubts are being raised as to the meaning of registered brand name. In this context, the Notification No. 1/2017- Central Tax (Rate), dated 28th June, 2017 [which notifies the CGST rates of intra-state supply of goods] and Notification No. 2/2017-Central Tax (Rate), dated 28th June, 2017 [which exempts intra-state supply of the specified goods] clearly defines “registered brand name” as brand name or trade name, which is registered under the Trade Marks Act, 1999. In this regard, Section 2 (w) read with section 2 (t) of the Trade Marks Act, 1999 provide that a registered trade mark means a trade mark which is actually on the Register of Trade Marks and remaining in force.

Thus, unless the brand name or trade name is actually on the Register of Trade Marks and is in force under the Trade Marks Act, 1999, CGST rate of 5% will not be applicable on the supply of such goods.

Published by Business So Simple

Hi, I am business consultant working with a team of Chartered Accountants, Company Secretaries, Lawyers & MBAs. I am promoter of " Make Your Business So Simple" "Make Education So Simple" Make Life So Simple" Make Legal Affairs So Simple".

One thought on “Meaning of registered brand name in the context of GST rates (Press Release 05 July 2017)

  1. Experts and patriots are enraged:The crazies secretly maneuvered more wealth into their pocketsIn the last year, than they did in the last 185 years!Meaning the top 1% now own as much wealth as half the worldJust 5 years ago the filthy rich were 388.As of January 2016 there’s only 62 people who ownHALF the world!>>Watch shocking video<<No living soul can spend that much money in a lifetime…And when people sits on money,The economy stalls.And that’s how it all begins:What’s coming in the next 6 months or lessWill give a new definition to the infamous “economic crisis”>>Access U.S. Dollar Exposed!<<Are you prepared to be broke…Homeless…Jobless…HUNGRY?Or can you turn the game around:>>Profit from the dollar crisis: watch video<<[Mr Mark Fidelman]

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: