https://www.taxtmi.com/caselaws?id=161685 Royalty for permitting use of a trademark was treated as consideration for transfer of the right to use goods, making it taxable under sales tax law. The analysis states that a trademark is an incorporeal form of property within the wide statutory meaning of goods, and that a transfer of the right to use goods for consideration can amount to a deemed sale. It further notes that actual delivery or exclusive possession is not essential where the asset can be used by authorisation. On the stated facts, the arrangement was characterised as a transfer of the right to use the trademark rather than a mere licence. en-us Thu, 01 Apr 2004 00:00:00 +0530 Mon, 15 Jul 2024 12:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161685 Royalty for permitting use of a trademark was treated as consideration for transfer of the right to use goods, making it taxable under sales tax law. The analysis states that a trademark is an incorporeal form of property within the wide statutory meaning of goods, and that a transfer of the right to use goods for consideration can amount to a deemed sale. It further notes that actual delivery or exclusive possession is not essential where the asset can be used by authorisation. On the stated facts, the arrangement was characterised as a transfer of the right to use the trademark rather than a mere licence. Case-Laws VAT and Sales Tax Thu, 01 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161685