The meaning of a 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.  [ Which means goods sold having an unregistered trade or brand name would not attract 5%] 

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. [ Unit container means anything pre-packed with a registered name] [CGST 2.5%] Please refer below what means a unit container. 

Doubts are being raised as to the meaning of the 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.

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(i) The phrase “unit container” means a package, whether large or small (for example, tin,
can, box, jar, bottle, bag, or carton, drum, barrel, or canister) designed to hold a predetermined
quantity or number, which is indicated on such package.What is mean by Registered Band name ?
(ii) The phrase “registered brand name” means brand name or trade name, that is to say, a
name or a mark, such as symbol, monogram, label, signature or invented word or writing
which is used in relation to such specified goods for the purpose of indicating, or so as to
indicate a connection in the course of trade between such specified goods and some person
using such name or mark with or without any indication of the identity of that person, and
which is registered under the Trade Marks Act, 1999

[ (w) “registered trade mark” means a trade mark which is actually on the register and remaining in force;
(t) “register” means the Register of Trade Marks referred to in sub-section (1) of section 6;6.-(1) For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the Head Office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed. ]

Goods with Brand Name, packed unit container that attracts 5%.

0406	Chena or paneer put up in unit container and bearing a registered brand name
0409	Natural honey, put up in unit container and bearing a registered brand name
0713	Dried leguminous vegetables, shelled, whether or not skinned or split [put up in unit container and bearing a registered brand name]
10	All goods i.e. cereals, put up in unit container and bearing a registered brand name
1001	Wheat and meslin put up in unit container and bearing a registered brand name
1002	Rye put up in unit container and bearing a registered brand name
1003	Barley put up in unit container and bearing a registered brand name
1004	Oats put up in unit container and bearing a registered brand name
1005	Maize (corn) put up in unit container and bearing a registered brand name
1006	Rice put up in unit container and bearing a registered brand name
1007	Grain sorghum put up in unit container and bearing a registered brand name
1008	Buckwheat, millet and canary seed; other cereals such as Jawar, Bajra, Ragi] put up in unit container and bearing a registered brand name
1101	Wheat or meslin flour put up in unit container and bearing a registered brand name.
1102	Cereal flours other than of wheat or meslin i.e. maize (corn) flour, Rye flour, etc. put up in unit container and bearing a registered brand name
1103	Cereal groats, meal and pellets, including suji and dalia, put up in unit container and bearing a registered brand name
1105	Meal, powder, flakes, granules and pellets of potatoes put up in unit container and bearing a registered brand name
1106	Meal and powder of the dried leguminous vegetables of heading 0713 (pulses) [other than guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or of roots or tubers of heading 0714 or of the products of Chapter 8, put up in unit container and bearing a registered brand name
3101	All goods i.e. animal or vegetable fertilisers or organic fertilisers put up in unit containers and bearing a brand name
2202 90 90	Tender coconut water put up in unit container and bearing a registered brand name

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