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HMRC internal manual

Capital Gains Manual

Wasting assets: trademarks

TCGA92/S44

The Capital Gains Tax treatment of a trademark depends on whether or not it has been registered. These instructions summarise the position regarding registered trademarks.

CG68220 tells you more about registered trademarks.

CG68210 tells you about unregistered trademarks.

UK registered trademarks

If a trademark is registered in the United Kingdom, that registration currently lasts for ten years.  The Trade Marks Act 1994 (and previously the Trade Marks Act 1938) provides for a renewal of a registered trademark on application.

As it is not possible to say with certainty at the date of acquisition that any particular registered trademark will have a life of less than 50 years, these are not regarded as wasting assets.

Foreign trademarks

If you are dealing with a case involving a non-UK registered trademark, you should adopt the same approach on the basis that, unless the contrary is shown, the laws of all other countries are deemed to be the same as that of the UK.

If it is claimed that a different approach should be adopted in the case of a specific non-UK registered trademark you should ask the taxpayer for a copy of the relevant foreign legislation.

If, exceptionally, an English translation is required and has not been supplied, you should contact HM Revenue & Customs, Translation Service, (ESS), via ‘The Hub’.