Last updated: March 3rd, 2023 12:31 PM

Is GST required for Trademark?

India's introduction of the Goods and Services Tax (GST) has become important for businesses to understand the implications of this tax on their existing trademark registrations. The question of whether GST is required for trademark registration in India is commonly asked. Though GST is not levied for trademark registration, it is essential to understand the implications of GST on trademark registration services before making any decisions.

GST under Trademark

It is important to understand how GST affects the trademark registration process in India, as this will directly impact the cost and timeline of the process. Under the Indian Trademark Act 1999, trademark registration is not required to be subject to GST. However, it is important to note that GST may be applicable to certain services related to trademark registration, such as:

• GST is applicable from the moment a trademark application is made.
• The amount of GST charged will depend on the type of trademark being registered and the services being availed.
• A trademark registration application may require the payment of multiple taxes, including GST.
• It is important to understand the GST implications before making any decisions related to trademark registration.
• Additionally, businesses should be aware that failure to pay applicable taxes may result in delays in registration or even rejection of the trademark application.

GST for Professional Services

GST on trademarks charged by lawyers, chartered accountants, trademark agents, and other service providers refers to the goods and services tax (GST) applied to the fees charged by these professionals for providing services related to trademarks. This includes the registration of trademarks, providing legal advice and guidance on trademark matters, and other related services. In India, GST is applied to all transactions involving the sale of goods and services, and the GST rate that applies to trademark services is 18%. The rate may differ depending on the state in which the services are provided. In addition to GST, professional fees may be subject to additional taxes such as professional tax, value-added tax (VAT), and service tax. It is important to check with the relevant authorities to determine the applicable taxes and fees before engaging the services of a professional in this field. Note: GST is applicable to both the fees charged by the professional service provider as well as to the fee charged by the Indian Trademark Office. The GST rate applicable to these services will depend on the nature of the service provided and the place of provision. In conclusion, it is essential to understand that GST is not required for trademark registration in India. However, GST may be applicable to certain services related to trademark registration. Therefore, it is important to understand the implications of GST on the services related to trademark registration before making any decisions.