CGST rate of 5% will not be applicable on unregistered trademarks
The Dollar Business Bureau
The Government has issued a direction that 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, that are not packed in containers and do not bear a registered brand name, will not be levied any CGST. Only those goods, that are packed in containers and bearing a registered brand name would attract 2.5% CGST rate.
But traders and the business community have raised several doubts with regard 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 specifies that a registered trade mark means a trade mark which is actually on the Register of Trade Marks and has been 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.