M S Sulthan Legal Associates is an Indian law firm with offices in Kozhikode, Kochi and New Delhi. Its advocates write on court rulings, corporate and commercial law, technology and data privacy, intellectual property and property law. These articles are for general information only and are not legal advice.
If you plan to scale your business, your trademark becomes your most valuable asset. While code, product features, and supply chains can eventually be replicated by competitors, consumer trust anchored in a unique brand identity cannot.
India's arbitration landscape has been fundamentally reshaped by a series of landmark Supreme Court rulings that simultaneously strengthen and unsettle the country's standing as an international dispute resolution destination. Several Constitution and Division Bench decisions have redrawn the boundaries of judicial intervention, clarified when Indian courts hold supervisory jurisdiction over cross-border arbitrations, and confirmed that unsigned contracts can bind parties to foreign-seated arbitration.
Securing an "Accepted & Advertised" status from the Trademark Examiner feels like a victory. You assume your brand is legally protected. However, registering a trademark is only half the battle. Your trademark can be blocked even after official approval through a highly contested legal mechanism: Trademark Opposition.
The jurisprudence surrounding the Insolvency and Bankruptcy Code (IBC), 2016, is evolving at an unprecedented pace. In early 2026, the National Company Law Tribunal (NCLT) and its appellate body, the NCLAT, delivered a series of landmark judgments that fundamentally redefine the boundaries of corporate liability, the hierarchy of creditors, and the sanctity of the corporate veil.
India occupies a paradoxical position in the global crypto landscape: it is home to the world's largest cryptocurrency user base—with over 100 million users and 861 million on-chain activity participants recorded by Chainalysis in 2025, topping the Global Crypto Adoption Index for the third consecutive year—yet remains without a single comprehensive crypto law.
Entrepreneurs often believe that securing a registration certificate from the Trade Marks Registry provides an automatic, impenetrable shield. In reality, a trademark is a commercial monopoly that you must actively defend. If a competitor in another city, or a seller on an e-commerce platform, begins copying your business name, it is your legal responsibility to initiate enforcement. Failure to act quickly not only dilutes your market share but can legally weaken your rights over your own brand.
India's Insolvency and Bankruptcy Code (IBC), 2016, was originally designed to be transformative—a time-bound, creditor-friendly mechanism intended to rescue distressed businesses and maximize recovery for lenders. Nine years later, the statutory promise has buckled under the weight of a 30,600-case National Company Law Tribunal (NCLT) backlog. Resolution timelines have ballooned to an average of 713 days—more than double the statutory 330-day limit—and recovery rates hover at a mere 32.8% of admitted claims. Nearly INR 10 lakh crore in distressed assets remains frozen at the admission stage alone.
India's courts have, in the course of 2025, delivered a series of trademark rulings that are fundamentally reshaping how brands are built, protected, and litigated across the country. From the Delhi High Court awarding an unprecedented INR 336 crore in damages against Amazon Technologies in the Beverly Hills Polo Club case, to a Kerala court's INR 1 crore judgment protecting the iconic MILMA dairy brand, the message from the judiciary is unmistakable: India is no longer a forgiving jurisdiction for trademark infringers.
Many business owners assume that filing an application on the IP India portal guarantees registration. The reality is far more complex. Over 60% of trademark applications face an official objection from the Trademark Registry. A formal objection is not an outright rejection—it is simply the Examiner demanding a legal justification for why your brand deserves a monopoly. However, submitting a weak, non-legal reply will virtually guarantee that your brand application is "Abandoned."
India remains a highly attractive destination for global talent and multinational corporate deputations. However, for expatriates classified as International Workers (IWs), navigating the Employees' Provident Fund (EPF) regulations has historically been a complex and financially frustrating experience.