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Rules for using trade mark

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Rajesh Sharma

Accountant

21 Points Posted on 18 October 2010

I want to know if a company who is registered in central excise and manufacturing product A in brand name say helium

-- Can this company do trading of other products which are not manufactured by them in the same brand name helium

-- Can this company sell right to use brand name helium to other company/trading firm

-- or can a trading firm purchase the right of brand name helium from central excise registered company and sell other produts in this brand name.

Replies (1)

Prabhat Kumar

Advocate & Consultant

1820 Points Posted on 19 October 2010

yes, trading can be done by manufacturer of the product A for the other products not manufactured by it under the brand name helium.

brand name is a property/right which the company can sale/lease/transfer as per their wishes.

yes, a trading firm can purchase the brand name and use it. excise duty is levied on the process of manufacturing and it has nothing to do with the brand name except for certain cases where some exemptions are not given if others brand name is used in the process of manufacturing.