Trademark Search

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Akhil Manuel (Querist)
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18 May 2024 We have incurred an expenditure for trademark search in different countries. Does this expenditure need to be capitalized or not? If not, in which ledger we should post this expenditure.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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11 July 2024 Expenditure incurred for trademark search in different countries generally falls under the category of preliminary expenses related to intellectual property rights. Here’s how you should treat this expenditure:

1. **Capitalization vs. Expense:**
- As per accounting principles, expenses incurred on preliminary activities before the acquisition of an asset (in this case, trademark rights) are typically treated as revenue expenditures and are expensed in the period they are incurred.
- Capitalization is usually reserved for costs directly associated with acquiring or creating an intangible asset that meets specific recognition criteria (such as legal fees directly related to registering a trademark).

2. **Treatment of Expenditure:**
- Since the expenditure is for trademark searches, which are part of the preliminary investigation and not directly related to the acquisition of the trademark itself, it should be expensed as incurred.
- These expenses are considered part of the general administrative expenses or professional fees in your financial statements.

3. **Accounting Treatment:**
- You should record this expenditure under an appropriate ledger account in your general ledger. Common ledger accounts used for such expenses include:
- **Legal and Professional Fees:** This category covers fees paid to legal and professional advisors for services rendered, including trademark searches.
- **Administrative Expenses:** If your accounting system categorizes expenses broadly, you might post it under administrative expenses.

4. **Ledger Posting:**
- Depending on your chart of accounts and accounting software, you would post this expenditure to an account like "Legal and Professional Fees" or "Trademark Expenses".
- Ensure that the ledger account accurately reflects the nature of the expenditure and is consistent with your accounting policies.

5. **Disclosure in Financial Statements:**
- In your financial statements, these expenses should be disclosed under the relevant expense category in the income statement.
- It’s important to provide sufficient disclosure in the notes to the financial statements regarding the nature of the expenses incurred.

In summary, the expenditure for trademark searches in different countries should be expensed as incurred and recorded under appropriate ledger accounts such as legal and professional fees or trademark expenses. This treatment aligns with generally accepted accounting principles (GAAP), which require expenses of this nature to be recognized in the period they are consumed rather than capitalized as an asset.