Do We Need GST for Trademark Registration in India?

July 4, 2025

Trademark registration is essential for protecting your brand identity. Whether you’re a startup or an established business, securing your trademark ensures exclusive rights to your brand name, logo, or slogan. One common question among business owners is: “Do we need GST for trademark registration in India?” In this blog, we’ll clarify whether a GST registration is mandatory for filing a trademark, the benefits of providing a GST number, and other related legal insights.

What is a Trademark?

A trademark is a unique sign, word, phrase, logo, or combination of these that identifies a business’s goods or services. Once registered, it grants exclusive usage rights and legal protection against infringement.

What is GST?

Goods and Services Tax (GST) is an indirect tax that replaced many other indirect taxes in India. Businesses with a certain annual turnover must register for GST. It’s mandatory for businesses supplying goods and services across state lines or those crossing the threshold turnover limit set by the government.

Is GST Mandatory for Trademark Registration?

No, GST is not mandatory for trademark registration.
The trademark registration process can be completed without a GST number. However, having a GSTIN (Goods and Services Tax Identification Number) can be advantageous in several ways, especially for businesses that are already registered under GST.

Why Do People Think GST is Required?

There’s often confusion because trademark registration involves government fees, and filing for trademark under the business name may link to GST documentation. Some trademark service providers may also request GST details for issuing tax invoices.

However, from a legal perspective, GST registration is not compulsory for:

Sole proprietors
Small businesses below the GST turnover threshold
Freelancers or individuals applying in their personal name

Benefits of Providing GST Details (Optional)

While not required, providing GST information during trademark registration may offer the following benefits:

1. Input Tax Credit

If your business is GST registered, you can claim the input tax credit (ITC) on the trademark registration fee paid to a service provider.

2. Professional Image

Having GST registration reflects the formal and professional status of your business, which can support your legal claims in case of trademark disputes.

3. Streamlined Invoicing

When applying through a third party like a trademark consultant or legal service provider, a GST invoice may be required if you want to claim it as a business expense.

Who Should Consider GST Registration Before Filing for Trademark?

Although it’s not mandatory, you should consider having GST registration before applying for a trademark if:

Your business turnover exceeds ₹40 lakhs (₹20 lakhs for services).
You are operating across multiple states.
You want to claim input tax credit on the fees paid.
You’re planning for long-term brand protection under a registered business entity.

Trademark Filing Without GST – Is it Possible?

Yes, individuals and businesses can file a trademark application without GST. When applying without GST, your application can still be accepted and processed by the Indian Trademark Registry.

Example:

If you’re an individual or sole proprietor operating under your name or brand, you can file the application without a GST number.

Documents Required for Trademark Registration

Regardless of GST status, the following documents are typically needed:

Applicant’s Details (Name, Address)
Brand Name or Logo
Power of Attorney (Form TM-48)
Proof of Business (if any)
Identity and Address Proof
Udyam/MSME Certificate (for fee concession, if applicable)
GST Certificate (Optional)

Trademark Fees Structure (With & Without GST)

Applicant Type	Government Fee (Per Class)	GST Required?
Individual/Startup/MSME	₹4,500	Not mandatory
Company/Organisation	₹9,000	Optional

Note: Trademark consultants or legal platforms may charge service fees on top of government fees. These may include GST if they are registered businesses.

Can You Claim GST Input on Trademark Registration?

Yes, but only if:

You are a GST-registered entity
You received a valid tax invoice from the trademark consultant or service provider
The trademark registration is used for business purposes

Conclusion

To sum up, GST registration is not mandatory for filing a trademark in India. You can easily apply for a trademark whether you’re a freelancer, individual, small business, or startup. However, if your business is already registered under GST, submitting your GST details can help with input tax credit and accounting.

Good to Know