Maheshwari & Co.

The Indian online gaming industry has grown at a pace that has always surpassed the legal framework meant to regulate it. For years, the void was filled with a complex web of state level regulations, court decisions on the “skill vs chance” argument, and informal industry self-regulation. That era formally came to an end on 1st May, 2026 when the Promotion and Regulation of Online Gaming (PROG) Rules, 2026 came into force operationalising the landmark Promotion and Regulation of Online Gaming Act, 2025 enacted by the Parliament in August last year. This is not an incremental policy adjustment.

The Legislative Foundation

The PROG Act, 2025 was passed in the Parliament in August 2025 and the legislation is brought to protect the citizens from the harms of online money gaming and also to create the conditions for India to become a global hub for e-sports and digital gaming innovation. Section 19 of the Act expressly confers power on the Central Government to frame rules to carry out its provisions. In pursuance of this mandate, the Ministry of Electronics and Information Technology (MeitY), as the nodal ministry, notified the PROG Rules, 2026 vide Gazette of India notification dated 22 April 2026.

The Rules were not made without consultation. Earlier, MeitY had issued draft rules in October 2025 seeking public comments and suggestions before finalising the framework through inter-ministerial deliberations.

A Clean Classification Framework

One of the most consequential contributions of the PROG Act and Rules is the introduction of a clear, legally binding taxonomy of online games - a question that Indian courts had grappled with for decades without statutory resolution.

The Act classifies online games into three distinct categories:

“E-Sports” means an online game which–– 

 is played as part of multi-sports events; 

involves organised competitive events between individuals or teams, conducted in multiplayer formats governed by predefined rules; 

is duly recognised under the National Sports Governance Act, 2025, and registered with the Authority or agency under section 3; 

has outcome determined solely by factors such as physical dexterity, mental agility, strategic thinking or other similar skills of users as players; 

may include payment of registration or participation fees solely for the purpose of entering the competition or covering administrative costs and may include performance-based prize money for the player; and 

shall not involve the placing of bets, wagers or any other stakes by any person, whether or not such person is a participant, including any winning out of such bets, wagers or any other stakes. 

“Online Social Games” means an online game which— 

does not involve staking of money or other stakes or participation with the expectation of winning by way of monetary gain in return of money or other stakes; 

may allow access through payment of a subscription fee or one-time access fee, provided that such payment is not in the nature of a stake or wager; 

is offered solely for entertainment, recreation or skill-development purposes; and 

is not an online money game or e-sport; 

“Online money game” means an online game, irrespective of whether such game is based on skill, chance, or both, played by a user by paying fees, depositing money or other stakes in expectation of winning which entails monetary and other enrichment in return of money or other stakes; but shall not include any e-sports.

This tripartite structure resolves, by legislative fiat, years of ambiguity around the "skill or chance" test that courts had applied inconsistently. The governing criterion now is not the nature of the activity but whether financial stakes are involved.

The Online Gaming Authority of India: A Unified Regulator

Institutionally, the Online Gaming Authority of India (OGAI) lies at the core of the framework. OGAI is constituted under the Rules as an attached office of MeitY with its headquarters in the National Capital Territory of Delhi, and is designed to be a digital-first body. The OGAI comprises a Chairperson, Additional Secretary, MeitY (ex officio) an1d five Joint Secretary level representatives from the Ministries of Home Affairs, Finance (Department of Financial Services), Information and Broadcasting, Youth Affairs and Sports and Law and Justice. This inter-ministerial composition is deliberate as online gaming intersects with cybercrime enforcement, financial regulation, content regulation, sports policy, and legal compliance, and the Authority's constitution reflects that reality.

The OGAI's mandate covers game classification and determination, maintaining and publishing the official list of prohibited online money games, overseeing registration of permissible games, directing financial institutions, coordinating with law enforcement, and hearing user appeals. The Authority is also empowered to issue directions, establish codes of practice, and take suo-motu cognisance of games that may require regulatory determination.

The Determination and Registration Architecture

The Rules introduce a selective, risk-sensitive registration framework that not every game requires formal registration. The OGAI will undertake a process of "determination" to decide whether a game falls within the prohibited online money game category. This process can be triggered in three ways: suo motu action by the Authority, an application from a service provider seeking clarity on their product, or a direction from the Central Government.

In making its determination, the OGAI considers objective factors whether players are required to pay a fee or deposit a stake, whether players expect to receive monetary winnings in return, the revenue model of the platform, and whether in-game assets can be monetised outside the game environment. Determinations must be concluded within 90 days.

Registration, as distinct from determination, is mandatory only for games or categories specifically notified by the Central Government taking into account factors such as risk to users (particularly minors), scale of operations, volume of financial transactions, and the origin of the platform. All games seeking recognition as e-sports must register with the Authority.

Financial Transaction Controls and Regulatory Oversight

A compliance-driven framework for financial transactions in online social games and e-sports is also introduced. Service providers and payment intermediaries shall comply with directions and guidelines issued by the Central Government in this regard for facilitation and settlement of user payments.

There is a mandatory verification requirement which requires banks and financial institutions to ensure that a game has a valid Certificate of Registration before processing any transaction. In addition, where a game is classified as a prohibited online money game, financial intermediaries shall immediately suspend or restrict transactions and render assistance to the Authority with relevant information.

These measures position financial institutions as key enforcement actors, ensuring that unlawful gaming platforms are deprived of the ability to monetise their operations.

Mandating User Safety: A Statutory Imperative

The PROG Rules convert what were previously industry best practices or aspirational guidelines into legally enforceable obligations. “User safety features” means technical, procedural, operational, behavioural or system-related measures suitable to the nature and risks of a game, designed to protect users from financial, psychological, social, security-related or content-related risks. Service providers should have in place age verification and age-gating measures, parental controls, time limits on gameplay, in-game user reporting mechanisms, links to counselling support and fair-play monitoring systems. The framework highlights the need to protect children and young users from exposure to addictive or financially damaging content.

The World Health Organization's classification of gaming disorder as a recognised health condition in its International Classification of Diseases is acknowledged in the legislative background to the Act, a recognition that the government's concern extends beyond financial regulation to public health.

A Two-Tier Grievance Mechanism

The Rules establish a structured, time-bound grievance redressal architecture. At the first tier, users must approach the service provider's internal grievance mechanism. If the complaint remains unresolved or the user is dissatisfied with the outcome, an appeal lies before the OGAI within 30 days which the Authority is required to dispose of within a further 30 days. A second appeal lies before the Appellate Authority, designated as the Secretary, MeitY, who is similarly required to dispose of appeals within 30 days of receipt as far as possible.

Penalty proceedings before the OGAI are to be conducted digitally unless physical presence is specifically warranted, and must be concluded within 90 days of receipt of a complaint. Penalties are calibrated to the gravity of the violation, the Authority is required to consider the user harm caused, the financial gain derived from non-compliance, and whether the violation is a recurrence. All penalties imposed are credited to the Consolidated Fund of India.

Data Localisation and Transparency

Service providers operating online social games and e-sports platforms are required to retain traffic data, metadata, and related information on computer resources located within India, for such period and in such manner as the OGAI may prescribe through directions or guidelines. Periodic compliance reporting and transparency disclosures will be specified by the Authority in due course.

This data localisation requirement aligns the gaming framework with the broader direction of Indian data governance policy and ensures that enforcement authorities and financial regulators have meaningful access to relevant platform data.

Practical Implications for the Gaming Industry and Users

The new framework has major implications for India’s gaming ecosystem. Real money gaming platforms, which have so far been operating in a regulatory grey area, now have to either reconfigure their services to remove the monetary stake component or stop offering their services altogether.

Fantasy sports platforms, online poker rooms and rummy platforms with cash tables face immediate regulatory risk if they cannot show their format is not an online money game as defined in the statute. Regulatory clarity is good for e-sports organisers, as it explicitly permits competitive gaming with organiser-funded prize pools (as opposed to player stakes).

International gaming companies targeting the Indian market will have to comply with the data localisation requirement and appoint a local compliance officer. For users, it offers an unprecedented level of protection through age verification, time management tools and a structured grievance mechanism.

The ban on money games is likely to be challenged in courts as several state-level Supreme Court judgements have already held some skill-based games as constitutionally protected under Article 19(1)(g). The judicial scrutiny of the blanket prohibition on all money games, irrespective of the skill element, in the central Act remains will define the regulatory landscape in the coming months.

Conclusion

The PROG Rules, 2026 mark a distinct shift in the Indian approach to online gaming from a scattered, court-centric regime to a systematic, statute-based regulatory regime. The framework prioritizes player protection, financial integrity and regulatory certainty through clear classifications of games, banning real-money formats and creating a central regulator. The message is clear for the industry: compliance is no longer optional and business models based on monetary stakes have to change fundamentally.

Meanwhile, the recognition of e-sports and the presence of governance structures open up avenues for legitimate innovation and global competitiveness. Ultimately, the long-term impact of this framework will depend on how well it is implemented and whether it survives the inevitable constitutional challenges. As enforcement begins and judicial scrutiny unfolds, the PROG regime will ultimately define the balance India seeks to strike between consumer protection, economic growth, and digital freedom in one of its fastest-growing sectors.

Most people consider a trademark to be a logo, a brand name, or a slogan. However, intellectual property law has long recognised that the human senses extend well beyond sight and reading. For the last few decades, there has been a new type of protection called unconventional or non-traditional trademarks that can be granted for signs that are perceived by sound, smell, motion, taste, and even touch. With brands developing more and more complex ways to engage consumers, such non-visual identifiers are no longer “exotic” trademarks at the edge of trademark law. They are quickly gaining acceptance and worth as tools of brand strategy.

Sound Marks: When a Tune Becomes a Brand

A sound mark is a mark applied to a distinctive sound that consumers rely on as a source of goods or services. Just like a consumer can identify a brand by its visual logo, they can also recognise it by its characteristic sound mark. The most memorable in the world include the MGM lion’s roar, NBC chimes, and Intel’s 5-note sonic logo. In India, the Trade Marks Act, 1999 allows for the registration of sound marks when they can be represented graphically, usually in musical notation or a sonogram. The idea has caught on firmly in India, as evidenced by the registration of Britannia’s jingle “ting-ting-ta-ding” and Yahoo!’s yodel as sound marks. The fundamental rule continues to be that the sound must serve to distinguish the commercial source of the goods/services and not serve as a mere musical ornament.

Smell Marks: The Most Elusive Brand Identity

Olfactory marks protect a distinctive fragrance as a trademark. They are certainly some of the most complicated of all non-traditional marks, largely because of the challenges the world’s trademark statutes face in being able to graphically represent a smell. The United Kingdom led the way in this respect with the world’s first smell mark issued to Sumitomo Rubber Industries for a rose-like fragrance infused into its tyres. The European Union was more restrictive after the Sieckmann case, when the Court of Justice ruled that a chemical formula or verbal description of a smell was not enough to be considered for graphical representation; the mark had to be clear, precise, self-contained, easily accessible, intelligible, durable, and objective. The stringent requirement has led to only a few olfactory marks having made it worldwide.

India’s Landmark Moment

On 21st November 2025, in a historic first, the Trade Marks Registry accepted for advertisement a trademark application for a ‘floral’ fragrance reminiscent of roses, applied to tyres, filed by Sumitomo Rubber Industries[1]. The Registry had previously voiced concerns on distinctiveness and graphical representation in the Trade Marks Act, 1999. To address the representation problem, researchers proposed a scientific vector-based model for representing scent marks by categorising fragrances into scent families such as floral, fruity, woody, minty, etc., in an effort to satisfy graphical representation requirements under Indian trademark law. The proposal was discussed favourably in IP circles, including by senior IP lawyer Pravin Anand acting as amicus curiae. It was argued that a rose fragrance for tyres could be considered non-functional and potentially distinctive as the scent had no functional relationship with the product. The decision marks a change in the trademark jurisprudence in India and puts India in the company of a few jurisdictions in the world that are ready to play a spirited game with the science of scent and its laws as a brand identifier.

Motion Marks: Brands That Move

A motion mark protects a moving image or a series of moving images. With the proliferation of digital interfaces, motion marks have become more and more vital. Well-known examples that are protected are the Windows start-up animation and the torch-bearing Columbia Pictures logo. The most important challenge in the legal arena is to achieve a good representation of movement in a non-moving filing system, which is currently being solved by most registries by accepting video files, GIF sequences, or a collection of static images with a description of the movement. As brands are increasingly communicating via digital animation, one of the most commercially valuable areas of non-traditional trademark protection is likely to be motion marks.

Other Unconventional Marks: Colour, Taste, Texture, and Hologram

The referred trademark space goes beyond the traditional territory of brand identity. Colour marks safeguard a specific colour or colour combination, such as Cadbury’s famous purple (Pantone 2685C) and Tiffany’s robin egg blue. A hologram mark protects a 3-D image or projection of light, especially in the financial and entertainment sectors. Perhaps the most controversial of all is the category of taste marks; some jurisdictions have considered applications for taste, but the challenge of distinguishing taste from a product’s functional nature has left very few to succeed. Texture marks, protecting the feel of a product’s surface, are similarly scarce. Each of these categories tests the foundational trademark principle of distinctiveness, whether a sign is capable of identifying a single commercial origin, with non-functionality acting as an additional hurdle for sensory marks, ensuring that no one can monopolise a feature essential to the product itself. It is a balance that courts and registries worldwide continue to recalibrate as sensory branding reshapes modern commerce.

Conclusion

Unconventional trademarks are part of a larger reality in today’s economy: people make their brand associations with all five senses, not just their eyes. As the doctrine evolves in the future and the legal systems of all countries, including India, become more sophisticated, the early investors in protecting their distinctive sounds, smells, and signatures will have a great competitive edge. The Sumitomo smell mark decision is more than just a case study in the law; it’s a testament to the readiness of Indian trademark law to embrace the many dimensions of modern branding.

About MAHESHWARI & CO.

MAHESHWARI AND CO. is a full-service Law Firm that represents its clients in a number of complex and high-value transactions. The firm works across four principal practice areas, Intellectual Property Rights, Corporate Law, Taxation and Litigation. The Firm is well positioned to help inventors leverage the IP Regime in India, aiming to accelerate and strengthen IP protection for its clients. As a trusted legal partner offering end-to-end IP services, the firm can guide clients through the complex procedural and substantive requirements of IP Protection in India and Internationally with alacrity and prompt efficiency.

What is International Trademark Registration in India? International Trademark Registration is a process that enables businesses and individuals to protect their brand identity across multiple jurisdictions. In an increasingly globalized economy, securing trademark rights in multiple countries has become vital to safeguarding intellectual property from infringement. India, being a signatory to various international treaties, provides avenues for registering trademarks internationally through mechanisms such as the Madrid Protocol. 

For companies and individuals pursuing International Trademark Registration in India, it is necessary to understand the relevant legal frameworks and procedures involved. This includes the applicable laws under the Trade Marks Act, 1999, and the role of Trademark lawyers in India in ensuring compliance with both domestic and international regulations.

What is International Trademark Registration?

International trademark registration pertains to the process of trademark protection, through a trademark application strategy that encompasses a lawsuit in different countries.  This practice is done under certain rules and regulations, such as the Madrid Agreement and Protocol which is administered by the World Intellectual Property Organization (WIPO). The Madrid System facilitates manufacturers and individuals in India to file only one application for International Trademark Registration in various countries that are member states of the Madrid System.

International Trademark Registration legally permits the registrant exclusive rights to the actual use of the registered mark within the borders of the recorded countries and also provides a means of defending the registrant from such violations. In addition, it helps avoid problems related to registrations of similar marks in foreign countries. 

WIPO assists the process by coordinating the application of a common system of trademark registration among member countries. Thus, trademark lawyers in India are quite focused on assisting their clients with cross-border trademark administration, the various jurisdictional requirements, and disputes that may arise during the course of the International Trademark Registration procedures in India.

 Step-by-Step Guide for International Trademark Registration 

Conduct a Trademark Search: It is important to conduct a trademark search before filing for International Trademark Registration in order to be certain that the mark is unique and has not been registered or pending in the target countries.

Filing a National Application: For an international application, the registered trademark or a pending application must be filed with the Indian Trademark Office and it should be either accepted and registered or in a pending status.

Select Countries of Registration: Based on the business plans and target markets, choose the countries for trademark protection. The Madrid System allows a single application for International Trademark Registration in over 100 member countries worldwide. 

Prepare the International Application: File an international application on form MM2 with the Indian Trademark Office. They will certify and forward it to WIPO.

WIPO reviews and Publishes Application: The agency examines the application and publishes the mark in the WIPO Gazette. The application is also sent to the designated countries for examination.

Review by Designated Countries: The examination in each country will be done under national laws, considering trademark distinctiveness and potential conflicts with existing marks.

Address Office Actions: If the designated country issues objections or an office action, then a response should be made within a specified time. The local trademark registration legal services may be necessary to fulfill all the legal requirements.

Get Registration Decision: After the examination, each country will decide whether to grant or refuse protection. If granted, the trademark is protected as if registered with that country's office.

Monitor and Renewal of Trademark: International trademark registrations according to the Madrid System are valid for ten years and are renewable. The process of renewing and protecting the trademark requires monitoring of its status in each country.

Common Challenges and Legal Considerations for International Trademark Registration

Jurisdictional Variations: Each country has separate laws for the International Trademark Registration procedure with the classification system, examination standard and grounds of refusal. These differences can create complications in the International Trademark Registration process and further lead to increased rejections or waiting times.

Legal Proceedings Involving Opposition and Cancellation: Third parties might oppose international trademark applications or initiate cancellation actions in different jurisdictions. Such disputes have been dealt with by the procedural rules and substantive grounds for opposition or cancellation of trademarks in each nation.

Maintenance and Renewal: Trademark protection is not perpetual and it would need to be renewed regularly. There are different terms and requirements regarding trademark renewal in various countries, such as the use requirement which has to be complied with properly otherwise it can lead to gaps in trademark protection.

Enforcement of Rights: Protecting the trademark around the world entwines different legal systems and enforcement channels, which differ by region. When it comes to infringement and protection of trademarks common challenges of International Trademark Registration, there is a need for a coordinated legal strategy that can be incorporated with the help of trademark registration legal services.

Choosing the Right Legal Partner for International Trademark Registration

Choosing the right trademark lawyers in India for the International Trademark Registration procedure is crucial due to the complexities of global trademark laws. 

A qualified trademark lawyer in India should possess deep expertise in international trademark law, including familiarity with treaties such as the Madrid System and the requirements of various jurisdictions of the countries. They should have a robust network of foreign associates to navigate the diverse legal landscapes and manage filings, oppositions, and enforcement actions effectively.

Conclusion

International trademark registration pertains to the process of trademark protection, through a trademark application strategy that encompasses a lawsuit in different countries.

Nevertheless, issues like jurisdictional differences, local law compliance, and rights enforcement require proper handling. Hiring well-versed trademark lawyers in India provides vital trademark registration legal services which are effective in addressing the legal issues and the acquisition of the proper international trademark protection for the companies.

Protect Your Brand Globally with MAHESHWARI & CO.'s Expert Trademark Services

For seamless international trademark registration and expert legal guidance, trust MAHESHWARI & CO., a leading law firm with extensive experience in global trademark protection. Our team specializes in navigating the complexities of the Madrid Protocol, ensuring your brand is safeguarded across multiple jurisdictions. With a strong network and a deep understanding of international trademark laws, we provide comprehensive services, from filing and monitoring to handling disputes and enforcement.

FAQs on International Trademark Registration

What is the process for registering a trademark internationally from India?

 To register a trademark from India, follow these steps:

Get a trademark registration or application in India.

Submit an international application under the Madrid Protocol to the Indian Trademark Office.

The office will send this application to WIPO, which will manage the registration process in the countries chosen. This makes it easier to handle International Trademark Registration by consolidating various jurisdictions of the countries in a single place.

What are the legal requirements for international trademark registration under Indian law?

A trademark must be either registered or waiting for approval with the Indian Trademark Office before an individual applies for it. When he/she applies under the Madrid Protocol, An individual needs to fill out the form and list the countries in which they are interested in and it is important to follow the legal rules of the countries which includes the paperwork and International Trademark Registration procedures. If the legal rules of that country are not complied with the countries then the registration of the trademark can be refused or delayed.

How does the Madrid Protocol facilitate international trademark registration?

The Madrid Protocol makes it easier to register trademarks in multiple countries with a single application. WIPO runs this central system, which cuts down on the need to file in each country. This approach has an impact on registration by making it simpler, reduces paperwork, and offers a single way to handle and keep trademark rights worldwide.

What are the common challenges faced during international trademark registration?

Businesses face hurdles when dealing with different legal systems because of the varying standards for review, and rules which must be followed in various countries. Also, companies might have to deal with challenges or objections from other parties and handle different rules for renewal. These issues mean companies need to plan and understand international trademark laws to navigate the registration process effectively.

Why is it important to hire trademark lawyers in India for international trademark registration?

Business Liquidation Process: A Comprehensive Legal Guide

What is a trademark? A trademark is a distinct sign, symbol or logo used by a business to distinguish its products or services from those of others. It plays a crucial role in brand identity, helping consumers recognize and trust a brand. In India, trademarks are governed by the Trade Marks Act, 1999, which provides legal protection to registered trademarks.

A trademark violation in India can occur in many forms, including unauthorised use, reproduction or imitation of a registered trademark. The increasing instances of trademark violation in India not only cause confusion among consumers but also result in financial losses and damage to a brand’s reputation. 

Understanding Trademark Violations in India

A trademark violation in India refers to the unauthorised use of a registered trademark, leading to potential confusion among consumers about the origin or quality of the products or services. Some common types of trademark violation in India include:

Trademark Infringement in India

This occurs when a party uses a registered trademark without authorization in a way that is likely to cause confusion among consumers. Trademark infringement in India usually involves using a mark that is identical or deceptively similar to a registered trademark.

Passing Off

Even if a trademark is not registered, the owner can seek protection under the common law principle of passing off. Passing off occurs when one party misrepresents its goods or services as being associated with another, causing harm to the latter’s goodwill.

Dilution

This type of trademark violation in India occurs when the distinctiveness of a famous or well-known trademark is weakened due to unauthorized use by another party, even if there is no direct competition or confusion.

Trademark violation in India can occur even in cases where the goods or services are not similar, as long as the trademark’s reputation is likely to be harmed. Protecting a trademark is crucial for preventing brand dilution and ensuring that consumers associate a brand with its original owner.

Related: Trademark Infringement in India: A Guide for Businesses

Legal Framework for Trademark Protection in India

The Trade Marks Act, 1999, serves as the primary legal framework for addressing trademark violation in India. It provides comprehensive protection to registered trademarks and outlines the procedures for enforcing these rights.

Key Provisions of the Trade Marks Act, 1999

The trademark attorney in India plays a vital role in guiding trademark owners through these legal provisions. They can help ensure that a trademark is properly registered and that the owner takes the necessary steps to enforce their rights in case of trademark violation in India. The Trade Marks Act, 1999, defines what constitutes a trademark violation in India and provides remedies for trademark owners. Some key provisions include:

Section 29: Defines trademark infringement in India, which involves the unauthorised use of a registered trademark or a mark that is confusingly similar. This section also addresses issues related to dilution and passing off.

Section 134: Allows trademark owners to file civil suits for trademark violation in India in designated courts. These suits may seek injunctions, damages, and other relief.

Section 135: Provides remedies for trademark violation in India, including civil and criminal actions. Civil remedies include injunctions, damages, and account of profits, while criminal remedies involve fines and imprisonment for counterfeiters.

Steps to Address Trademark Violations in India

When faced with a trademark violation in India, it is essential for trademark owners to take prompt and decisive action. Failure to address such violations can result in significant damage to a brand’s reputation and financial losses. Here are the steps involved in addressing trademark violation in India:

I. Sending a Cease and Desist Notice

One of the first steps in addressing trademark violation in India is sending a cease and desist notice to the party responsible for the violation. This notice formally informs the infringing party that they are violating a registered trademark and demands that they immediately cease their actions. A trademark attorney in India can assist in drafting and sending a cease and desist notice. The notice should clearly state the details of the trademark violation in India, the trademark owner’s rights, and the legal consequences of failing to comply.

II. Filing a Trademark Infringement Suit

If the infringing party does not comply with the cease and desist notice, the trademark owner can file a lawsuit for trademark infringement in India. A trademark attorney in India can help file the suit in the appropriate court and represent the trademark owner throughout the legal proceedings. The process of filing a lawsuit for trademark violation in India involves submitting evidence of the infringement, such as the unauthorised use of the trademark, and demonstrating that the infringement has caused harm to the trademark owner. Lawyers for trademark violation in India play a crucial role in presenting the case and securing a favourable outcome.

III. Seeking Injunctions and Damages

Preliminary Injunction: This is a temporary court order that stops the infringing party from using the trademark while the case is still being heard. It prevents ongoing damage to the trademark owner’s brand or reputation while the court considers the full case.

Permanent Injunction: After the court has decided the case, a permanent injunction may be issued. This legally prohibits the infringing party from using the trademark indefinitely, providing long-term protection to the trademark owner.

Claiming Damages for Trademark Violation: Trademark owners in India can seek damages for any financial losses caused by the violation. This can include compensation for lost sales, harm to the brand’s reputation, and other financial impacts. 

Related: How to File a Trademark Infringement Case in India

Role of a Trademark Attorney in India

The role of a trademark attorney in India is critical in addressing trademark violation in India. From registering trademarks to representing clients in court, trademark attorneys in India provide legal expertise and guidance throughout the process. When a trademark violation in India occurs, a trademark attorney in India can help by:

Conducting trademark searches: This is done through a comprehensive search of the Trademark Registry. 

Registering trademarks with the Trademark Registry: Registration provides legal protection, allowing the owner to have exclusive rights over its use.

Sending cease and desist notices: This formal communication warns the infringer to stop using the mark or face legal action.

Filing lawsuits for trademark infringement: This legal action seeks to stop the unauthorized use and may include claims for damages.

Remedies Available for Trademark Violation in India

When a trademark violation in India occurs, trademark owners can seek various legal remedies to protect their rights. These remedies include civil, criminal, and border enforcement measures.

I. Civil Remedies

Civil remedies for trademark violation in India include injunctions, damages and account of profits. As discussed earlier, injunctions can be either preliminary or permanent and are aimed at stopping the infringing party from continuing to use the trademark. Damages may be awarded to compensate the trademark owner for financial losses caused by the infringement.

II. Criminal Remedies

In cases of counterfeiting or willful trademark violation in India, criminal remedies may be pursued. Criminal actions can result in fines and imprisonment for the infringing party. Lawyers for trademark violation in India can assist in filing criminal complaints and ensuring that counterfeiters are held accountable under the law.

III. Border Enforcement

Border enforcement measures are designed to prevent the import and export of goods that infringe on trademarks. Trademark owners can work with customs authorities to block the shipment of counterfeit or infringing goods at the border. This is an important step in preventing trademark violation in India from spreading to international markets.

Conclusion

Protecting a brand’s identity in India is crucial to ensuring that consumers are not misled. The Trade Marks Act, 1999, provides a strong legal framework for safeguarding registered trademarks. However, enforcing these rights often requires the expertise of trademark attorneys and lawyers specializing in trademark violations. Taking swift action, such as sending cease and desist notices, filing lawsuits for trademark infringement, and seeking injunctions and damages, can be key to preserving a brand’s reputation and financial stability. By partnering with experienced legal professionals, businesses can effectively prevent trademark violations and secure their brand’s future in the Indian market.

Protect Your Brand with MAHESHWARI & CO.

India’s approach to anti-money laundering (AML) is heavily shaped by the Prevention of Money Laundering Act (PMLA) of 2002, which forms the core framework against laundering activities in the country. 

Under the PMLA, enacted to detect and control money laundering, financial entities must keep records of all transactions—whether suspected or confirmed—to prevent the integration of illicit funds into the economy. This act also mandates institutions to report transactions that appear suspicious and empowers authorities to seize assets linked to money laundering activities.

The Financial Intelligence Unit (FIU-IND), established under the PMLA, serves as the primary body tasked with investigating and reporting suspicious financial activity. Another key player is the Enforcement Directorate (ED), which enforces provisions of the PMLA and acts in tandem with regulatory frameworks of the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI). 

India’s AML framework is further bolstered by its membership in the Financial Action Task Force (FATF) since 2010, which involves aligning national policies with international AML standards. Continuous compliance—like conducting periodic customer due diligence and identifying and reporting high-risk customers—is required from all financial institutions. 

Evolution and Key Provisions of Anti-Money Laundering Laws

India’s anti-money laundering regime has steadily evolved, incorporating robust measures to combat both traditional and emerging forms of money laundering. The Prevention of Money Laundering Act (PMLA), 2002, which took effect in 2005, remains the backbone of the legal framework against money laundering. 

Its primary objectives include preventing the use of illegal funds, confiscating assets obtained unlawfully, and enabling prosecution against offenders. Under Section 3 of the PMLA, money laundering is defined broadly to cover various activities related to the concealment, acquisition, or use of money obtained illegally.

Significant amendments to the PMLA over the years have strengthened its reach. For instance, in 2019, an amendment allowed more extensive powers for the seizure of assets outside of India, reflecting the need to address the global nature of money laundering. 

Moreover, compliance requirements have expanded, covering sectors such as housing finance, stock exchanges and cooperative banks, which now have to maintain a record of all major and suspicious transactions.

India’s increasing digitalization has also led to more stringent requirements for online financial transactions and cross-border exchanges. As per the Financial Intelligence Unit-India (FIU-IND), financial institutions are required to implement comprehensive Know Your Customer (KYC) protocols, report any unusual transaction activities, and ensure that they are compliant with both domestic laws and international standards. 

Through such regulations, the government continues to adapt to prevent the laundering of funds within a global digital economy​

Compliance Challenges and Enforcement Mechanisms

India’s anti-money laundering framework, though stringent, faces notable challenges in enforcement. The broad scope of Anti-Money Laundering Laws aims to cover various forms of illicit financial activities; however, financial institutions and businesses often find compliance challenging due to frequent updates to laws and extensive reporting obligations. 

For instance, the Prevention of Money Laundering Act (PMLA) requires companies to regularly update KYC (Know Your Customer) data, a time-consuming task for institutions dealing with high volumes of transactions.

To support effective enforcement, the Enforcement Directorate (ED) has been empowered with robust investigative and seizure rights. Recent amendments now allow the ED to attach and confiscate assets located outside India, an essential measure given the international reach of laundering networks. Despite this, limitations persist—particularly when it comes to coordinating with foreign entities to track international funds. 

Additionally, businesses sometimes grapple with the costs associated with implementing compliance systems, hiring trained personnel, and maintaining high-tech monitoring tools necessary for effective anti-money laundering (AML) protocols.

Further complicating matters are rapidly evolving money laundering tactics, often leveraging cryptocurrency and other digital means to obscure money trails. To address this, the Financial Intelligence Unit (FIU) collaborates with global agencies to strengthen tracking capabilities and update AML requirements. As financial transactions shift further into the digital space, the need for technology-driven AML solutions and rigorous training for compliance staff is more vital than ever to stay ahead of sophisticated laundering strategies​

Landmark Cases and Global Cooperation on Anti-Money Laundering

India’s judiciary has played a key role in defining the reach and application of Anti-Money Laundering Laws through several landmark cases. 

For instance, in the Enforcement Directorate vs. Hasan Ali Khan case, the Supreme Court allowed more extensive powers for investigating agencies under the Prevention of Money Laundering Act (PMLA), affirming the Act’s broad interpretation and clarifying that the possession of unexplained wealth could fall within its ambit. 

Similarly, in the INX Media Case, authorities highlighted the importance of documenting financial transactions thoroughly to ensure transparency and compliance with AML regulations. The INX Media ruling emphasized that willful omission of financial disclosures could be sufficient grounds for prosecution under the PMLA.

To further enhance its effectiveness, India has been actively cooperating with international bodies such as the Financial Action Task Force (FATF) and the Egmont Group of Financial Intelligence Units, facilitating the exchange of information to counter cross-border money laundering schemes. 

This global cooperation has enabled Indian agencies to trace illicit financial flows that traverse international borders, a critical measure as laundering networks increasingly use overseas entities and tax havens to obscure illegal wealth.

Future of Anti-Money Laundering Laws in India

The future of India’s Anti-Money Laundering Laws lies in technological advancements and enhanced regulatory measures. With increasing reliance on digital platforms for financial transactions, the Indian government is set to introduce more robust compliance protocols to address vulnerabilities in online and mobile banking channels. New amendments are anticipated to improve transparency, making it mandatory for financial entities to use data-driven tools for real-time transaction monitoring. This could revolutionize compliance by ensuring that high-risk transactions are flagged immediately.

Artificial intelligence (AI) and machine learning (ML) will likely play a critical role in combating money laundering. These technologies enable financial institutions to identify unusual transaction patterns efficiently, ensuring compliance with both domestic and international standards. 

Further, as cryptocurrencies grow in popularity, India’s AML framework is expected to adapt to address risks posed by digital assets. The government has shown signs of regulating digital currencies under the Prevention of Money Laundering Act (PMLA) to prevent anonymous fund transfers and to track illicit activity.

Global cooperation will continue to be a cornerstone of India’s AML strategy. Collaborations with international bodies such as the FATF and INTERPOL will allow India to stay aligned with global best practices and tackle cross-border money laundering schemes more effectively. 

By evolving its AML laws to incorporate technology and international cooperation, India is better positioned to ensure economic integrity and prevent illicit funds from entering the legal financial system

Conclusion

India’s Anti-Money Laundering Laws have developed a dynamic and increasingly sophisticated framework to address the evolving challenges of financial crimes. Through amendments to the Prevention of Money Laundering Act (PMLA) and participation in international partnerships, India continues to reinforce its commitment to combating money laundering on both a national and global scale. 

As these laws evolve, India aims not only to mitigate risks posed by domestic money laundering schemes but also to safeguard its financial system from international laundering networks that threaten economic stability.

Choosing MAHESHWARI & CO. for Anti-Money Laundering Compliance

Explore how M&A law firms play a crucial role in driving business growth. Learn how expert legal guidance can facilitate successful mergers and acquisitions, supporting long-term success. Source: https://medium.com/@alert.maheshwariandco/the-role-of-m-a-law-firms-in-business-growth-f588376346e9

Learn why company secretarial services are essential for businesses in our latest article. Understand how these services ensure compliance, streamline governance, and support smooth business operations. Source: https://maheshwarico.blogspot.com/2024/10/why-are-company-secretarial-services.html

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Corporate law governs the formation, operation, and dissolution of businesses and is essential for companies to function within legal boundaries. In India, corporate law covers a broad spectrum, including regulatory compliance, dispute resolution, mergers and acquisitions, and much more. The role of corporate law firms in India is vital for businesses to navigate these complex legal frameworks.

This article provides insights into the role of corporate law firms in India, how they assist businesses in staying compliant, and the importance of hiring a commercial lawyer in India for legal advice and company growth.

1. Corporate Law Firms in India: An Overview

India is home to many top-notch corporate law firms that provide a wide range of services to businesses across industries. A corporate law firm in India typically deals with legal matters related to business operations, corporate governance, mergers and acquisitions (M&A), compliance with regulatory requirements, intellectual property protection, and much more.

Firms like these are equipped to handle legal matters ranging from setting up companies, drafting contracts, offering strategic advice, and defending companies in case of legal disputes.

In major cities like Delhi, there are numerous corporate law firms in Delhi that specialize in both domestic and international business laws, providing top-tier services to clients.

2. Why Companies Need Corporate Law Firms

Whether a business is a startup or a large multinational corporation, legal challenges can arise at any stage of its operations. Here’s why partnering with a corporate law firm in India is essential:

Regulatory Compliance: India’s regulatory environment is complex and constantly evolving. A corporate law firm ensures that companies remain compliant with the latest legal and regulatory standards. This includes everything from maintaining statutory records to filing mandatory returns.

Dispute Resolution: Legal disputes are common in the business world, whether they arise from breach of contracts, disagreements with shareholders, or regulatory issues. Having a reliable corporate lawyer helps businesses resolve disputes efficiently, often through negotiation, mediation, or arbitration, without going to court.

Risk Management: Legal risks are inherent in business operations.

3. Company Secretarial Services: Ensuring Smooth Operations

Corporate governance is a crucial aspect of running a successful business, and company secretarial services play a key role in ensuring that companies follow legal protocols. In India, companies must adhere to the Companies Act, 2013, which requires companies to maintain various statutory registers, file returns, and ensure compliance with corporate governance standards.

Hiring a corporate law firm in India that offers company secretarial services ensures that these requirements are met without hassle. Company secretarial services include:

Compliance with legal filings such as annual returns and financial statements.

Maintaining statutory registers including registers of directors, shareholders, and charges.

Managing board meetings and shareholder meetings.

Advising on corporate governance best practices.

These services ensure that the business remains compliant with regulations and avoids penalties.

4. Commercial Lawyers in India: Key to Business Success

A commercial lawyer in India specializes in commercial laws that govern business transactions. These lawyers advise businesses on a range of issues such as contracts, intellectual property, corporate governance, mergers and acquisitions, and dispute resolution. Whether it's drafting contracts, negotiating deals, or ensuring compliance with commercial laws, a commercial lawyer is indispensable for business success.

Here are some of the ways a commercial lawyer in India can help:

Contractual Agreements: Commercial lawyers draft, review, and negotiate contracts, ensuring that their clients’ interests are well protected. This could include contracts with vendors, partners, employees, or customers.

Business Disputes: In case of business disputes, a commercial lawyer can represent the company and help resolve the issue through litigation, mediation, or arbitration.

Mergers and Acquisitions (M&A): For companies involved in mergers or acquisitions, a commercial lawyer ensures that the process runs smoothly by addressing legal, regulatory, and financial concerns.

Corporate Governance: Commercial lawyers ensure that businesses are complying with corporate governance laws and help draft the required documentation for governance policies.

5. Choosing the Right Corporate Law Firm in Delhi

Delhi is home to many of India’s leading corporate law firms, and choosing the right one can have a significant impact on a company’s legal standing. Here’s what businesses should look for when selecting a corporate law firm in Delhi:

Experience and Expertise: A firm with experience in handling the specific legal challenges of your industry is vital. Look for firms that have a track record of success and expertise in relevant areas such as M&A, corporate governance, and regulatory compliance.

Comprehensive Services: Choose a law firm that offers a wide range of legal services, including company secretarial services, contract drafting, dispute resolution, and more.

Reputation: Check the firm’s reputation in the legal community and among businesses. Look for reviews, client testimonials, and industry recognition.

Global Reach: If your business operates internationally or is considering expansion, select a firm that has experience with cross-border legal issues and an understanding of international corporate laws.

6. The Importance of Corporate Governance

Corporate governance involves establishing policies and practices that ensure accountability, fairness, and transparency in a company’s relationship with its stakeholders. A strong corporate governance framework is essential for maintaining investor confidence, achieving long-term sustainability, and ensuring compliance with legal and regulatory standards.

Corporate law firms provide guidance on setting up corporate governance structures and ensuring adherence to best practices. This includes:

Drafting governance policies.

Advising boards of directors.

Ensuring compliance with statutory requirements.

Filing necessary documentation with regulatory bodies.

By offering company secretarial services, corporate law firms help businesses meet their legal obligations and maintain good corporate governance practices.

7. Conclusion: Navigating Corporate Law with the Right Legal Partner

Maheshwari & Co. is a top corporate law firm in Delhi NCR that offers expert legal services in corporate governance, mergers and acquisitions, compliance, and regulatory matters. Our experienced attorneys provide strategic legal advice to businesses, helping them precisely navigate complex corporate laws. Choose Maheshwari & Co. for reliable and efficient legal solutions in Delhi NCR.

Maheshwari & Co. offers expert corporate lawyers in Delhi, specializing in corporate governance, mergers and acquisitions, and regulatory compliance. Our experienced team provides tailored legal solutions to meet the complex needs of businesses.

Maheshwari & Co. is a leading law firm in Delhi, offering expert legal services in corporate law, litigation, and intellectual property. Our experienced team provides tailored legal solutions for businesses and individuals, ensuring professional and reliable representation. For more information-

Maheshwari & Co. offers experienced attorneys in Delhi, providing expert legal services in corporate, litigation, and intellectual property law. Our skilled legal team delivers personalized solutions to meet the specific needs of both businesses and individuals.