Legal Question in Business Law in India

Trademark registration

I am planning to launch my own fashion label and at a later stage start my own garment manufacturing unit in Mumbai. I wish to start both the label, and the manufacturing unit, in the same name. I have my brother as a partner in this venture. I have following questions:

1) How and with which authorities do I register my label name?

2) How long does the registration process take and approx how much does this cost?

3) Does this trademark/label name stand valid for international market as well or is it only meant for the Indian market?

4) I operate currently from my home and do not have an office premise. Will this pose as a hindrance in registering my fashion label?

5) When do I have to register for Sales Tax/VAT? Are central and state sales tax numbers separate and are the provisions of application for the same different?

I will be grateful for a quick response.

Thanks,

Semu


Asked on 4/25/06, 8:10 am

3 Answers from Attorneys
Vimal Kishor Falcon Services

Your query on BBS Lawguru

As per the information provided to us, i understand that you want to start business with your brand name and for the same you want to register your "LAVEL".

You can register your label as a trade mark with the office of the registrar of Trade Mark and as such your Label is protected from further use by any person other than you.

However, if your Label consist the Artistic work then you can also go for the registration of Label as Copyright, also.

Besides registration of your Label in case you are doing business you need following registration

Registration with Sales Tax Authorities

Registration with Shop & establishment Laws

Registration with PF/ESI, if you are employing more than 20 persons

Registration with Income Tax (PAN & TAN)

Gradually when you shift to manufacturing activities few more registrations are also required and the same can be replied from time to time.

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Answered on 4/26/06, 10:38 am
Kaviraj Singh India Law Firm

Re: Trademark registration

register the trademark with regional trademark office and its valid only for India and you have to register the trademark globally and further detail shall be supplied upon asking.

temporary registration - 1 month and time factors depends upon whether there is a objection aginst the registration.

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Answered on 4/26/06, 12:25 pm
Karnika Seth Seth Associates

Re: Trademark registration

You can register your label as trademark in the Trademark Registry,Mumbai . This will be valid protection in India. CST/VAT are dfferent taxes and you will be required to obtain registrations separately.It takes approx 12 months and official fees for registrtion is 2500 INR. Professional fees varies.

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Answered on 4/25/06, 8:40 am


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