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  • Protection of Architectural Works Under IP Law in India

    INTRODUCTION

    Intellectual Property (IP) is the backbone of innovation in nearly every industry, and architecture is no exception. IP rights refer to the legal rights that protect creations of the mind, including inventions, artistic works, symbols, names, and designs used in commerce. In the world of architecture, IP ensures that architects and firms can secure ownership over their creative designs, architectural maps, and brand identities.

    In this blog, we are going to explores the importance of architect intellectual property rights, outlines how architects can protect their work, and highlights the challenges they may face in the process. Whether you’re an established professional or just beginning your architectural career, understanding IP rights is essential to protecting your creative assets.

    THE BERNE CONVENTION: INTERNATIONAL PROTECTION

    The Berne Convention for the Protection of Literary and Artistic Works, adopted in 1886, is an international agreement that provides creators with global protection for their work. Under this treaty, member countries recognize and enforce copyright protections granted in other participating nations. Visit the official site: Berne Convention for the Protection of Literary and Artistic Works

    This is especially beneficial for architects working internationally, as it provides a legal framework to safeguard your designs from unauthorized use across borders.

    THE IMPORTANCE OF ARCHITECT INTELLECTUAL PROPERTY RIGHTS

    Architectural design is a unique blend of science and art. Every structure from a simple residential home to a complex skyscraper reflects a unique vision born from creativity, technical expertise, and hard work. Protecting these original ideas is not just beneficial, it’s necessary for the integrity and sustainability of the architect profession.

    1. OWNERSHIP OF CREATIVE WORK

    Architects invest immense time, hard work, and resources into their designs. Copyright laws offer a legal protection, safeguarding original blueprints, sketches, renderings, and even completed structural designs. Once registered, these copyrights grant the creator exclusive rights to reproduce, distribute, and modify the design.

    This means an architect’s distinctive design or unique floor plan cannot be copied or adapted without permissionproviding critical control over how the work is used or commercialized.

    2. Brand Identity Protection

    In a competitive market, architectural firms must cultivate a strong brand identity. Trademarks help protect logos, firm names, and taglines ensuring that the public connects these elements with a specific level of quality and professionalism. This not only reinforces brand recognition but also prevents others from leveraging your firm’s reputation for their benefit.

    3. Economic Value and Leverage

    IP rights are more than legal safeguards; they are also strategic assets. Through licensing agreements, architects can monetize their work while retaining ownership. A robust IP portfolio can also enhance a firm’s market value, attract premium clients, and strengthen its position in contractual or legal negotiations.

    HOW TO PROTECT YOUR ARCHITECTURAL IP RIGHTS

    Protecting intellectual property in architecture requires a proactive, strategic approach. Here are four essential steps architects should take to secure their work and brand.

    1. Register Under Copyright Act

    Copyright is one of the best forms of IP protection. It applies to original design works such as:

    • Drawings and blueprints
    • 3D renderings
    • Photographs of completed structures

    To register, architects must submit documents proving authorship and a copy of the creative work. Once verified, a certificate is issued, granting exclusive rights for the architect’s lifetime plus 60 years. This ensures that no one else can publish, reproduce, or modify the design without the architect’s consent.

    2. Register Under Trademarks Act

    Trademarks protect brand elements such as firm names, logos, or unique slogans. To register a trademark, architects must apply along with the necessary documents to the relevant authority. After publication in the Trademark Journal, if no objections are raised within three months, the trademark is officially registered.

    This process may take up to 18 months but provides long-term brand protection, preventing competitors from exploiting your identity in the marketplace.

    3. Register under the Design Act

    Design registration offers protection for the aesthetic or visual aspects of a product, such as the shape or ornamentation of a building. By sending the Patents Office their design documents, architects can register under the Design Act. After public examination and if no objections are raised, the design is protected for 10 years, with a possibility of an additional 5-year renewal.

    This step is crucial for architects whose work features distinctive visual elements not covered by functional patents or traditional copyrights.

    4. Consult an IP Expert

    Intellectual property law is nuanced, especially when it involves international jurisdictions, joint ventures, or disputes. Partnering with an IP expert like TMWala, who specializes in architectural works, ensures that your rights are fully protected. Our team of professionals provides tailored advice on registration, licensing, and enforcement strategies, and helps architects navigate any legal challenges that arise.

    COMMON IP CHALLENGES IN ARCHITECTURE

    Despite strong intellectual property regulations, architects may encounter challenges when trying to enforce their rights. Below are three common challenges to be aware of:

    1. Creative vs. Functional Ambiguity

    Copyright laws protect creative expression, not functionality. Architectural designs often blend both. A design element might not be protected if it is thought to be useful rather than artistic. Architects must document which aspects of their design are original and artistic to avoid legal Gray areas.

    2. Cross-Border IP Issues

    Architectural projects often extend beyond national borders. But IP regulations differ from nation to nation. To ensure your work is protected internationally, you may need to file for protection in each jurisdiction separately or seek protection under international treaties like the Berne Convention.

    3. Enforcement Delays

    Filing a lawsuit for intellectual property violation can be expensive and time-consuming. From court filings to dispute resolution, these processes can strain an architect’s time and finances. That’s why it’s crucial to register IP rights early and maintain thorough records of your work to strengthen your legal position.

    CONCLUSION

    Intellectual property rights are vital tools for architects to protect their creativity, secure their professional identity, and gain economic advantage. Whether through copyright, trademark, or design registration, taking proactive steps ensures your work remains legally protected and respected. While challenges exist, understanding and safeguarding your IP is essential to sustaining a successful architectural career in an increasingly competitive and globalized industry.

  • Why ChatGPT, Gemini, and Grok Are Facing Trademark Hurdles in India

    INTRODUCTION

    In India, trademark rights operate on the principle of “first to use” rather than “first to file.” This means that the rights to a trademark are granted to the party who can prove prior use in the market, regardless of who applies first. This fundamental rule has become particularly significant in recent cases involving major AI-based platforms attempting to register trademarks under Class 9 of the Trademark classification.

    Global tech giants like ChatGPT, Gemini AI, and Grok have recently encountered legal hurdles while seeking trademark protection in India. Despite their international recognition, these platforms are facing opposition due to earlier trademark claims by local businesses. In this article, we will delve into the scope of Class 9 under the Trademark classification, explore the specific challenges these companies face, and analyse why India’s “prior user” principle creates roadblocks for some of the world’s most prominent AI brands.

    CLASS 9 OF NICE CLASSIFICATION

    Class 9 is a crucial trademark category for technology-driven goods and services. It encompasses various products, including AI software, downloadable and cloud-based applications, data processing systems, and various other digital technologies. For startups and tech companies, securing trademark protection under Class 9 is essential to safeguard their AI innovations, digital products, and brand identity, especially in India’s rapidly evolving and highly competitive tech landscape.

    THE AI-BASED PLATFORM VS. PRIOR USER

    1. GOOGLE’S GEMINI VS. SUN TV’S GEMINI TV

    Google’s attempt to register the trademark “Gemini” for its AI platform in India has been formally opposed by Sun TV Network, the owner of the longstanding Gemini TV brand (in use since 1995 in Class 35).

    Despite operating in different sectors, AI software versus television broadcasting Trade Marks Registry flagged a strong possibility of consumer confusion, particularly due to phonetic similarities and visual resemblance.

    Key legal provisions invoked include:

    • Section 11(1): Refusal on grounds of likely confusion with a pre-existing mark
    • Section 9(1)(b): Marks lacking distinctiveness or potentially misleading consumers

    2. OPENAI’S CHATGPT VS. FLAXXI AI

    OpenAI’s application to protect the “ChatGPT” trademark in India is currently opposed by Flaxxi AI, a Bengaluru-based startup that claims usage of the name since 2022 for its educational AI platform developed with IIT Jammu.

    Flaxxi argues that their prior use and accrued goodwill should bar OpenAI from registering the same name, given India’s strict “first use” rule.

    3. xAI’S GROK VS. GROKE TECHNOLOGIES

    Elon Musk’s xAI is facing opposition from Groke Technologies, a Finnish marine software firm that holds the “Grok” trademark under Class 9 in several jurisdictions, including Finland. xAI contends that the brands serve distinct markets and have coexisted without issues in countries like Finland and South Korea.

    Separately, in the U.S., a startup named Bizly alleges prior rights to “Grok,” claiming they filed for the mark in 2021. They contend that Musk’s use disrupted funding and triggered confusion, even though Bizly’s app was still in beta and not widely launched.

    4. DEEPSEEK AI VS. MULTIPLE LOCAL APPLICANTS

    India’s DeepSeek AI has become entangled in trademark filings contested by multiple parties, indicating a potentially complex dispute over ownership of the “Deep Seek” name under Class 9.

    WHY ARE THESE CASES SIGNIFICANT?

    • India’s “First-to-Use” Principle: Trademark rights are grounded in actual prior use in India, rather than global recognition.
    • High Conflict in Class 9: AI platforms fall under Class 9, a category rife with overlapping names and contested claims.
    • Consumer Confusion Threshold: Even when operating in different industries, names that sound alike or share brand design elements may be refused or opposed based on Section 11 and Section 9 grounds.

    CASE STATUS & LATEST UPDATES

    • Gemini: Sun TV’s prior use (dating back to 1995) gives it a strong ground. Google’s opposition proceedings are ongoing.
    • ChatGPT: Flaxxi AI’s claim of longstanding local usage gives it legal weight; OpenAI’s response is underway.
    • Grok: Trademark opposition is active, with Groke Technologies raising a formal opposition in India.xAI continues to defend its position.
    • DeepSeek: Multiple overlapping applications indicate a contested process that may take time to resolve.

    CONCLUSION

    The ongoing trademark disputes involving leading AI platforms like Google’s Gemini, OpenAI’s ChatGPT, xAI’s Grok, and DeepSeek AI underscore the complexities of navigating intellectual property law in India’s dynamic digital economy. These cases highlight how India’s “Prior User” doctrine plays a pivotal role in determining trademark rightsoften giving local businesses a legal advantage over globally established tech giants. The ongoing trademark disputes involving leading AI platforms like Google’s Gemini, OpenAI’s ChatGPT, xAI’s Grok, and DeepSeek AI underscore the complexities of navigating intellectual property law in India’s dynamic digital economy. These cases highlight how India’s “Prior User” doctrine plays a pivotal role in determining trademark rightsoften giving local businesses a legal advantage over globally established tech giants.

    As AI continues to evolve and expand, especially within India’s thriving technology sector, securing early trademark protection under the appropriate class, particularly Class 9, is more critical than ever. Companies, both domestic and international, must adopt proactive trademark strategies that consider not only global branding but also local market presence and existing rights holders.

    These high-profile cases serve as a reminder that in India, brand value is not solely determined by global reputation or innovation it is also grounded in timely, lawful, and strategic use within the local market.

  • FEMA, FDI, AND RBI COMPLIANCE IN INDIA: WHAT EVERY FOUNDER MUST KNOW IN 2025

    INTRODUCTION

    Foreign Direct Investment (FDI) in India plays a vital role in driving economic growth, fostering innovation, and creating employment. With India positioning itself as a global investment hub, the government continues to refine its FDI rules to ensure national security, promote domestic enterprise, and maintain transparency.

    To successfully navigate the Indian market, foreign investors must comply with regulatory frameworks such as the Foreign Exchange Management Act (FEMA) and adhere to FEMA compliance and RBI compliance requirements. Proper reporting, especially through key forms like the FC-GPR form is essential to ensure that all foreign direct investment India transactions are legally valid and smoothly processed.

    TMWala assists businesses in setting up, structuring investments, and ensuring full compliance with FEMA and RBI regulations, simplifying the FDI journey for foreign investors entering India.

    FOREIGN DIRECT INVESTMENT IN INDIA

    FDI in India refers to investment made by a person or entity residing outside India into the capital instruments of an Indian company or a limited liability partnership (LLP). These capital instruments may include equity shares, preference shares, convertible debentures, share warrants, or other eligible instruments as notified by the Reserve Bank of India (RBI).

    Foreign Direct Investment can be made through two primary routes:

    • Automatic Route: No prior approval from the government is required. Investors can directly invest in sectors under this route, provided they comply with sectoral caps and conditions.
    • Government Route: Investment requires prior approval from the concerned ministry or department. This route is applicable in sectors considered sensitive or strategic, including defense, telecom, and media.

    FDI plays a pivotal role in economic development by bringing in foreign capital, technology, management expertise, and global market access. However, due to national security, economic stability, and data sovereignty considerations, the Indian government has revised its approach towards FDI, particularly in specific sectors.

    FDI Rules in India

    India’s foreign investment environment is governed by evolving policies and sectoral guidelines. The latest FDI rules in India focus on strengthening national security, promoting self-reliance, and ensuring robust compliance with regulatory protocols.

    Key Updates in FDI Policy

    1. Stricter Approvals in Sensitive Sectors

    • Defense: Foreign investment exceeding 74% requires prior approval from the central government. This is in line with India’s security objectives and strategic interests.
    • E-commerce: Foreign e-commerce entities are prohibited from owning inventory or influencing pricing directly. The intention is to prevent unfair competition against domestic retailers.
    • Digital Payments & Fintech: All FDI must comply with Reserve Bank of India (RBI) guidelines, including mandatory data localization and cybersecurity standards.
    • Telecom & Critical Infrastructure: Any investment from bordering nations, particularly those sharing land borders with India, requires government approval to mitigate strategic risks.

    2. Ownership & Structural Restrictions

    • Sectors like telecom, digital payments, and fintech require minimum Indian ownership to be maintained.
    • Round-tripping-where Indian funds exit the country and re-enter as FDIis explicitly prohibited to prevent regulatory evasion.

    3. Compliance with Data & Security Laws

    • Data-centric industries, including fintech, AI, and e-commerce, must adhere strictly to India’s Personal Data Protection Act. Sensitive personal data of Indian users must be stored and processed locally.
    • Companies engaged in digital payments are required to meet strict RBI standards for cybersecurity and operational resilience.

    4. New Incentives in Manufacturing & Green Energy

    • Under the Production Linked Incentive (PLI) scheme, foreign investments are actively encouraged in high-priority areas such as electronics, pharmaceuticals, solar energy, and electric vehicle battery manufacturing.
    • FDI norms are eased to promote strategic partnerships in these sectors and boost India’s manufacturing capacity and green energy targets.

    Implications for Foreign Investors

    With these evolving regulations, foreign investors need a strategic reassessment of their India market entry plans. This includes:

    • Selecting the right business structure, such as a private limited company, LLP, or joint venture.
    • Ensuring strict compliance with RBI and FEMA rules from pre-incorporation to operational stages.
    • Taking a first approach towards compliance that minimizes legal exposure and aligns with India’s national priorities.
    • Structuring investments to benefit from PLI incentives, especially in renewable energy and high-tech manufacturing.

    FDI in India continues to be a significant growth opportunity, but requires informed, well-structured execution to navigate the regulatory environment effectively.

    FEMA COMPLIANCE

    The Foreign Exchange Management Act (FEMA), 1999, replaced the older and more restrictive FERA (1973) with a liberalized framework designed to facilitate external trade, foreign investment, and cross-border financial transactions.

    FEMA compliance refers to adhering to the legal and procedural requirements laid down by FEMA and RBI for all foreign exchange and cross-border transactions. Non-compliance may attract penalties or disqualification under various statutes.

    Key Aspects of FEMA Compliance

    • Filing of statutory forms such as FC-GPR, FC-TRS, APR, FLA, and ECB reports.
    • Adherence to Know Your Customer (KYC) and Anti-Money Laundering (AML) guidelines for foreign transactions.
    • Ensuring proper documentation and approvals for FDI, ODI, ECBs, and import-export settlements.
    • Timely disclosures through the FIRMS portal or Authorized Dealer (AD) banks.

    TMWala provides hands-on support to companies in preparing accurate documentation, managing RBI filings, and maintaining full FEMA compliance throughout the investment cycle.

    RBI COMPLIANCE

    The Reserve Bank of India (RBI) plays a central role in regulating and monitoring foreign exchange flows, including FDI. RBI compliance ensures that all foreign transactions are conducted transparently, legally, and with financial discipline.

    The following are essential components of RBI compliance for the year 2025:

    1. Foreign Liabilities and Assets Return

    • Who Must File: Any Indian company that has received FDI or made Overseas Direct Investment (ODI) during the financial year.
    • Due Date: July 15, 2025
    • Significance: Captures the company’s foreign liabilities and assets as of March 31. Filing is mandatory even if there is no outstanding foreign investment, provided there was any inflow or outflow during the year.

    2. Annual Performance Report

    • Who Must File: Indian entities or resident individuals with joint ventures or wholly owned subsidiaries abroad.
    • Due Date: December 31, 2025
    • Purpose: To report the operational and financial performance of foreign investments to the RBI through the Authorized Dealer bank.

    3. External Commercial Borrowings Reporting

    • Who Must File: Businesses that have availed of foreign loans.
    • Form: ECB-2 Return
    • Due Date: Within seven working days from the end of each calendar month.
    • Requirement: A mandatory monthly filing to track borrowings and repayments under ECB guidelines.

    4. Single Master Form Reporting

    RBI has consolidated various forms into the Single Master Form (SMF) to simplify reporting. This online filing mechanism is required for various types of foreign investment transactions, including:

    • FC-GPR: Filing after issue of shares to foreign investors (within 30 days of allotment).
    • FC-TRS: For transfer of shares between resident and non-resident (within 60 days).
    • LLP-I and LLP-II: For initial and subsequent capital contributions in LLPs.
    • Form CN: For issuance or transfer of Convertible Notes (within 30 days).
    • Form DI: For downstream investments by Indian companies having foreign ownership.
    • Form InVi: For foreign investment into investment vehicles like AIFs and Infrastructure Investment Trusts.

    5. Advance Reporting Form

    • Who Must File: Any company receiving FDI.
    • Due Date: Within 30 days of receipt of funds.
    • Purpose: Preliminary report to RBI, submitted before any shares are issued to the foreign investor.

    FC-GPR FORM RBI

    The FC-GPR form RBI is one of the most critical forms in the FDI reporting structure. It is used by Indian companies to report the allotment of capital instruments to a foreign investor, where such an issue qualifies as FDI under FEMA.

    • Filing Timeline: Must be filed within 30 days of share allotment.
    • Where to File: Through the FIRMS portal of the RBI, submitted to the regional office of the RBI where the company is registered. Click here to visit the FIRMS portal: https://firms.rbi.ozg.in
    • Details Required: Includes transaction specifics such as type of instrument, pricing methodology, identity of investor, FDI route (automatic/government), and compliance with sectoral caps.

    Failure to file the FC-GPR within the stipulated time can result in penalties, delays in shareholding recognition, and compliance issues for subsequent filings.

    CONCLUSION

    FDI in India offers significant growth potential, but it comes with evolving regulatory requirements. With the government tightening FDI rules in India, especially in sensitive sectors, investors must follow a compliance-first approach.

    Adhering to FEMA compliance and RBI compliance is essential for all cross-border transactions. Timely submission of key forms like the FC-GPR form RBI ensures smooth processing of foreign direct investment India.

    In today’s landscape, success depends on understanding the rules, choosing the right structure, and staying fully compliant.

    Partnering with experts like TMWala enables foreign investors to simplify the setup process, reduce compliance risk, and stay focused on growth while adhering to all regulatory norms.

  • HOW TO APPLY FOR A DPIIT REGISTRATION NUMBER IN INDIA

    INTRODUCTION

    Indian startup ecosystem has witnessed significant growth over the past decade. In response to this innovation and startup activity surge, the Government of India launched the Startup India scheme in 2016. This flagship initiative aims to build a robust ecosystem for nurturing innovation, driving sustainable economic growth, and generating large-scale employment opportunities. At the heart of this scheme lies the DPIIT registration, which officially recognizes eligible startups and provides various benefits, including tax exemptions, funding access, and regulatory support to growing startups.

    This article explores the DPIIT registration process, Startup India scheme, and the documents required for DPIIT registration, providing a complete guide for aspiring entrepreneurs seeking Startup India recognition.

    If you’re looking for end-to-end assistance, TMWala can help you navigate the entire registration process and make your compliance journey seamless.

    UNDERSTANDING DPIIT AND THE STARTUP INDIA SCHEME

    The Department for Promotion of Industry and Internal Trade (DPIIT) functions under the Ministry of Commerce and Industry. It plays a crucial role in formulating and implementing promotional and developmental measures for the growth of new startups.

    Through the Startup India scheme, DPIIT encourages entrepreneurship by offering various benefits to government-recognized startups. These benefits include income tax exemptions, self-certification for labour and environmental laws, easier public procurement norms, and access to funding through dedicated government funds.

    The Startup India scheme is not only an enabler for new businesses but also a transformative initiative aimed at making India a global hub for innovation and entrepreneurship.

    DPIIT REGISTRATION PROCESS: STEP-BY-STEP GUIDE

    There is a structured process through which a startup can be recognized by DPIIT. Below are the specifics of the DPIIT registration procedure:

    Step 1: Meet Eligibility Criteria

    The startup needs to meet the requirements listed below:

    • Incorporation time: The startup must have been founded no more than ten years before the incorporation date.
    • Type of Entity: Must be registered as:
      • A Private Limited Company under the Companies Act, 2013
      • A Partnership Firm under the Indian Partnership Act, 1932
      • A Limited Liability Partnership (LLP) under the LLP Act, 2008
    • Turnover: No financial year since incorporation should see a total of more than ₹100 crores.
    • Innovative Nature: The business should be focused on innovation, development, improvement of products/services, or possess a scalable business model with high potential for employment and wealth creation.
    • No Business Reconstruction: A startup shouldn’t be created by dismantling or rebuilding an already-existing company.

    Step 2: Register Your Start-Up

    Ensure your startup is legally registered under applicable Indian laws. Depending on your business structure, registration should be completed with:

    • Ministry of Corporate Affairs (for Private Limited Companies and LLPs)
    • Registrar of Firms (for Partnership Firms)

    Step 3: Create an Account on the Startup India Portal

    To begin the application for Startup India recognition, visit the Startup India portal:

    • Select “Register” to start making a new user profile.
    • Enter information like the owner’s name, email address, and phone number.
    • Enter the login credentials and use the OTP to confirm the account.

    Step 4: Apply for DPIIT Recognition

    Once logged in:

    • Navigate to the “DPIIT Recognition” tab under “Startup Recognition.”
    • Select “Registration as a Startup” on the National Single Window System (NSWS).
    • Provide the following information on the online application form:
      • Company Information: Name, incorporation date, PAN, address, etc.
      • Director/Partner details
      • Business overview and activity description
      • Industry sector and objectives of your startup

    TMWala can help you prepare the right documentation, keep your documents in a compiled form, and fill out application forms accurately to improve your chances of approval.

    Step 5: Upload the Required Documents

    A crucial step in the DPIIT registration process involves uploading supporting documents. The documents needed for DPIIT registration are listed below.

    1. Certificate of Incorporation or Registration: Evidence of the establishment of the business
    2. Company PAN Card: Issued by the Income Tax Department.
    3. Pitch Deck or Business Plan: A document explaining your business idea, scalability, and innovation.
    4. Intellectual Property Details (if any):  Patents, trademarks, copyrights related to your startup.
    5. Proof of Funding (if applicable): Investment agreements or revenue data.
    6. Awards & Recognitions (if any): testimonials from clients that demonstrate trustworthiness.
    7. Declaration Letter: Stating eligibility as per DPIIT norms.

    To prevent any delays or rejections, make sure that all uploaded papers are readable and clear.

    Step 6: Submit the Application

    After filling out the application and uploading documents:

    • Review all entered information.
    • Click ‘Submit’ to complete the application.
    • A unique reference number will be generated, which can be used to track the application status on the portal.

    Step 7: Application Review and Approval

    • DPIIT officials will scrutinize the application and documents.
    • If additional information is needed, they will reach out via registered email.
    • Upon successful verification, a DPIIT Certificate of Recognition will be issued and emailed to the applicant.
    • The certificate can also be downloaded from the Startup India portal.

    DPIIT REGISTRATION CERTIFICATE

    Startups are entitled to additional tax and compliance-related incentives after receiving the DPIIT registration certificate. The most important ones are:

    • Section 80 IAC Tax Exemption: Within the first ten years, submit a separate application for income tax exemption for three years in a row.
    • Section 56 Exemption (Angel Tax): Tax exemption for funds obtained from angel investors.

    Applications for both exemptions can be made via the Startup India portal after receiving DPIIT recognition.

    TMWala can help you apply for these post-recognition exemptions by guiding you through documentation and compliance filing.

    BENEFITS OF DPIIT REGISTRATION

    Startups that receive DPIIT registration can unlock a range of benefits, such as:

    • Income Tax Exemption under Section 80 IAC for three consecutive years out of the first ten years.
    • Exemption from Angel Tax under Section 56(2)(VIIB) of the Income Tax Act.
    • Easier access to public procurement, with exemptions from Earnest Money Deposit (EMD), prior experience, and turnover requirements.
    • Faster IPR (Intellectual Property Rights) processing and rebates in patent and trademark application fees.

    Access to government funds of ₹10,000 crore through Alternative Investment Funds (AIFs) and credit guarantee schemes for loans.

    DOCUMENTS REQUIRED FOR DPIIT REGISTRATION

    • Certificate of Incorporation/Registration: Proof that the startup is legally registered as a Private Limited Company, LLP, or Partnership Firm.
    • Company PAN Card: Issued by the Income Tax Department, used for identity and verification purposes.
    • Pitch Deck or Business Plan: A detailed document explaining the startup’s business model, innovation, scalability, and market potential.
    • Intellectual Property Details (if any): Patents, trademarks, or copyrights registered in the name of the startup to showcase innovation.
    • Proof of Funding (if applicable): Investment documents such as term sheets or funding agreements from investors.
    • Awards or Certificates of Recognition (optional): Any recognitions received that establish credibility and achievements.
    • Declaration of Startup Eligibility: A self-declaration confirming the startup meets DPIIT’s eligibility criteria.

    STARTUP INDIA RECOGNITION

    Recognized startups can streamline their regulatory journey using the National Single Window System (NSWS). This platform allows for:

    • Applications for various central and state government approvals.
    • Registrations under labour laws, environmental laws, GST, and more.
    • Monitoring and tracking the status of multiple regulatory submissions in one place.

    This centralized system simplifies operations and reduces the time spent on procedural bottlenecks, helping startups focus on core business activities.

    CONCLUSION

    The Startup India scheme and DPIIT registration are game-changers for India’s startup ecosystem. Through a simplified application process, substantial tax benefits, access to government funding, and support for regulatory compliance, the initiative empowers entrepreneurs to build scalable and sustainable businesses.

    If you’re a founder looking to take your startup to the next level, obtaining Startup India recognition through DPIIT is a vital first step. With clear eligibility criteria, digital application procedures, and government support, India is steadily positioning itself as a global leader in innovation and entrepreneurship.

    And with partners like TMWala, you can ensure a smooth, error-free process from registration to post-recognition benefits.

  • WHAT IS A TRADEMARK CLASS AND WHY CHOOSING THE RIGHT ONE MATTERS

    INTRODUCTION

    Before starting the process of trademark registration, one must identify which trademark class their goods and services belong to. As per the NICE classification, the goods and services are divided into various categories, which are recognized globally. Therefore, registering your trademark in the right class will give you exclusive rights to your mark and also ensure that your mark is well-protected from infringement and passing off.

    In this article, we are going to discuss how a trademark is an intellectual property in India, why knowing the right classification is important, what the Trademark Class List in India is, how to select the appropriate trademark class, the trademark registration process, and other important information.

    TRADEMARK

    A trademark is a type of intellectual property in India that distinguishes one brand’s products or services from those of others. It can consist of a word, phrase, symbol, logo, insignia, or a combination of these elements. A trademark identifies the source of a particular product or service, giving the owner exclusive rights to use it. This means the owner can take legal action if someone else tries to use the same or a confusingly similar mark for their own goods or services.

    TRADEMARK CLASS LIST INDIA

    In India, trademarks are divided into different categories: goods are covered under Classes 1 to 34, and services are covered under Classes 35 to 45. To understand which goods and services belong to which class, one must refer to the Trademark Class List in India. This list can be accessed on the Trademark Registry’s official website. To read the class list, visit Class Details

    A few good examples are:

    • Class 6: Includes common metals and their alloys; it also includes metals used as building materials.
    • Class 15: Includes musical instruments.
    • Class 30: Includes beverages and edible materials such as coffee, tea, bread, pastry, etc.

    A few examples of service classes are:

    • Class 39: Includes services related to transportation, packaging, etc.
    • Class 41: Includes services related to education, training, etc.
    • Class 45: Includes services related to the legal field, security, etc.

    HOW TO SELECT TRADEMARK CLASS

    To understand the right class, one must understand what goods and services they are providing. To understand this better, let’s understand this with an example:

    Let’s suppose you are dealing with footwear. Let’s understand the process:

    • Step 1: First, understand whether you are manufacturing the footwear or just selling it. This will determine whether you should register under goods or services.
    • Step 2: Visit the Trademark Class List for India to find out which class your goods fall into or hire an expert to do this job for you. For footwear, it’s Class 25.TMWalacan help you identify the right class quickly and accurately, ensuring your application is filed correctly the first time.
    • Step 3: Then, visit the Trademark Public Search portal and check whether your trademark is similar to someone else’s trademark in the same class. If it is, you will need to change your trademark, as two similar trademarks cannot be registered in the same class.
    • Step 4: After ensuring that you have a unique trademark in that class, proceed with the registration process.

    WHY CHOOSING THE RIGHT CLASS MATTERS

    1. Defines Your Trademark Scope: Your trademark rights apply only to the classes you choose. If you miss a relevant class, someone else could register a similar trademark in that category and limit your rights.

    Example: If you secure your brand for T-shirts (Class 25) but neglect Class 18 (bags) and Class 9 (phone cases), another company could legally use your brand name for those products.

    • Avoid Rejections or Delays: Filing under the wrong class can lead to office actions or refusals from the USPTO, costing you time and money.

    Prevents Legal Issues: A well-selected class reduces the risk of infringement claims by clarifying the industry or market where your brand operates.

    TRADEMARK REGISTRATION PROCESS

    To find out whether the trademark you want to use is already registered by someone else, you’ll need to start with a trademark search.

    Once the search is complete, you can move on to submitting your registration application. This is where knowing the correct trademark classification becomes crucial.

    Trademarks are categorized into different classes based on the type of goods or services they represent. Selecting the correct class ensures that your trademark is protected in the specific category relevant to your business. If you apply under the wrong class, your trademark may not offer you the protection you need and could even be rejected.

    Depending on your location, the application (Form TM-A) can be submitted either physically at the Trademark Registry Office or online through the official IP India website.

    The registration fees depend on the number of classes your goods or services fall under. You can apply for a single class or multiple classes, but you must correctly identify each one based on your business activity.

    Along with the application, you’ll need to provide all the necessary documents and complete details about the trademark. If you’ve already been using the trademark before applying, you’ll also need to submit a user affidavit document that proves prior use of the mark and supports your claim to it before formal registration.

    For hassle-free filing and professional assistance throughout the trademark registration process, TMWala provides end-to-end support, helping you navigate legal requirements smoothly and efficiently.

    Trademark Registration Process in brief:

    1. Identify the Trademark Class: Determine the appropriate class for your goods or services based on the NICE classification.
    2. Trademark Search: Search to ensure your trademark is unique and not already registered in the same class.
    3. Application Filing: Submit the trademark application (Form TM-A) online or physically at the Trademark Registry, specifying the correct class(es).
    4. Examination: The trademark office examines the application for compliance and conflicts.
    5. Publication: If accepted, the trademark is published in the Trademark Journal for opposition.
    6. Registration: If no objections arise or oppositions are resolved, the trademark is registered, and a certificate is issued.

    CONCLUSION

    Understanding trademark classification is essential for successfully protecting your brand’s identity. Referring to the Trademark Class List India helps you identify the correct category for your goods or services, which is a critical step in the trademark registration process. Since a trademark is a form of intellectual property in India, choosing the right class ensures your mark receives the appropriate legal protection. Knowing how to select a trademark class properly can save you time and effort, helping you avoid rejections or disputes. By following these steps carefully, you can secure exclusive rights to your trademark and confidently grow your business.

    By following these steps carefully and with the help of expert services like TMWala, you can secure exclusive rights to your trademark and confidently grow your business.

  • WHAT IS GST COMPENSATION CESS? FULL GUIDE FOR 2025

    INTRODUCTION

    The GST Compensation Cess is crucial as it helps ensure fair revenue distribution among Indian states after the launch of GST. It is a special kind of tax imposed on specific goods and services, especially those related to luxury. The amount collected is used to compensate states for any revenue loss caused by GST implementation.

    In this article, we’ll explore the concept in depth, including its legal foundation, the products it applies to, and how it impacts sectors such as the automobile industry.

    TMWala can help businesses stay compliant by providing up-to-date GST classification and tax rate tracking for their products and services.

    WHAT IS GST COMPENSATION CESS?

    In 2017the Goods and Services Tax (GST) was introduced and marked a significant shift in India’s indirect tax structure, merging various state and central taxes into one and making a unified tax regime. However, this transition became a risk to the revenue streams of multiple states, especially those heavily reliant on previous local taxes. To address these concerns, the central government introduced a compensation mechanism funded by an additional levy.

    GST Compensation Cess is kind of an extra tax collected by the Central Government under the GST (Compensation to States) Act, 2017. It applies to specific goods and services, such as luxury items. In this tax the tax imposed on luxury item is charged over and above the regular GST rates.

    This cess is primarily intended to make up for any revenue losses incurred by Indian states as a result of the switch to the GST system. To guarantee steady revenue development, the funds gathered from this cess are subsequently disbursed to the states from a separate fund.

    This cess does not apply to all goods and services but targets those considered non-essential, such as tobacco or luxury cars. It is collected for a fixed transitional period (initially for five years starting from July 1, 2017) or until the states are fully compensated for their revenue losses.

    GST CESS APPLICABILITY

    The GST Cess applicability is restricted to certain notified goods and services that typically fall under the categories of luxury or sin goods. This ensures that the burden of this additional tax falls only on high-value or non-essential items.

    GST Both the supply of products and services that have been notified by the Central Government would be subject to cess. Additionally, a GST cess would be applied to both intra-state and inter-state supplies of goods or services. The GST cess must be collected and sent by all taxable persons, except taxpayers registered under the GST composition system.

    Here’s a list of products and services currently subject to GST Compensation Cess:

    Pan Masala

    • Tobacco and manufactured tobacco substitutes, including cigarettes and chewing tobacco
    • Briquettes, coal, ovoid fuels, and other solid fuels made from lignite or coal
    • Aerated waters (e.g., carbonated soft drinks)
    • Motor cars and other motor vehicles primarily designed for the transport of persons (except for public transport vehicles)
    • Any other supplies that are occasionally needed

    Businesses dealing with these goods must levy the cess in addition to the applicable GST rate and remit it to the central government. This levy does not apply to taxpayers who have opted for the composition scheme under GST.

    TMWala can help businesses identify whether their products fall under cess-applicable categories and guide them through correct GST invoicing and filings.

    GST COMPENSATION TO STATES

    The central idea behind the cess is to ensure that no state suffers revenue loss because of the GST rollout. This was especially crucial in the initial years post-implementation.

    To make up for any revenue losses sustained during the GST implementation, the states would split the GST Compensation Cess. The procedure developed by the GST Council determines it. As a consequence of the computation, it includes the actual revenue, the predicted revenue, and the compensable payment.

    Each month, the corresponding states will get the compensable sum. If anything is left over, a specific formula will be used to allocate it to the states and the federal government.

    The projected revenue for states is calculated assuming an annual growth rate of 14% over their 2015–16 tax base. If the actual revenue falls short of this projection, the difference is covered by the Compensation Fund created from the cess collections. This mechanism helps maintain fiscal stability and trust among states.

    GST COMPENSATION CESS ON CARS

    The automobile sector is one of the major contributors to GST Compensation Cess collections. Different types of vehicles attract different cess rates based on engine size, fuel type, and vehicle dimensions.

    At the time of vehicle sales, a compensation cess is applicable in addition to the GST on cars. Below is a table summarizing the applicable cess and GST rates:

    Type of VehicleGST RateCompensation CessTotal Tax Payable
    Petrol/CNG/LPG car less than 1200cc and length < 4m28%1%29%
    Petrol/CNG/LPG car < 1200cc and length > 4m28%15%43%
    Petrol/CNG/LPG car > 1200cc28%22%50%
    Diesel car < 1500cc and length < 4m28%3%31%
    Diesel car < 1500cc and length > 4m28%20%48%
    Diesel car > 1500cc, length > 4m, ground clearance ≥ 170mm28%22%50%
    Electric Vehicles (all sizes)12%Nil12%
    Ambulance-fitted Vehicles28%Nil28%
    Three-wheeled motorized vehicles28%Nil28%
    Fuel Cell Vehicles (e.g., hydrogen)12%Nil12%
    Motorcycles/mopeds ≤ 350cc28%Nil28%
    Motorcycles > 350cc28%3%31%

    The vehicle specifications are in line with the Motor Vehicle Act, 1988. These rates are subject to periodic revisions by the GST Council.

    It is evident from the list above that diesel vehicles with big engine capacities are subject to the greatest compensatory cess and, hence, the highest tax rates.

    Simultaneously, cars with smaller engines and those driven by cleaner technologies such as electric/fuel cell feature a lower rate of compensation cess.

    This structure supports two objectives: raising revenue from luxury/polluting goods and encouraging the adoption of environment-friendly technologies through tax incentives.

    CONCLUSION

    The GST Compensation Cess plays a key role in India’s tax system by helping states recover any revenue losses after GST was rolled out. It’s an extra charge on luxury and sin goods, meant to ensure fair revenue distribution.

    To understand what GST Compensation Cess is, remember it’s a special tax collected by the central government, over and above the regular GST, on select items like tobacco, luxury cars, and coal-based products.

    The GST Cess applicability is limited to specific goods and services notified by the government. It applies to both intra-state and inter-state supplies, except for those under the composition scheme.

    Through GST Compensation to states, the funds collected from this cess are used to make up for the shortfall in state revenues, based on a fixed growth projection.

    One major contributor is the auto sector. The GST Compensation Cess on cars depends on engine size and fuel type. Bigger, more polluting vehicles attract a higher cess, while electric and cleaner vehicles are taxed less.

    TMWala can help you navigate cess calculations, file returns accurately, and avoid costly errors through a streamlined GST compliance solution tailored for Indian businesses.

  • Trademarking “Captain Cool”: MS Dhoni’s Bold Legal Move and the Debate Around It

    Introduction: When Legacy Meets Law

    Mahendra Singh Dhoni has always been more than just a cricketer. For millions, he’s a symbol of composure, strategy, and leadership. Over the years, one title has stuck with him with particular fondness: Captain Cool. This nickname, echoing his calm persona under pressure, is now at the centre of a legal development. Dhobi has recently moved to trademark the term, marking a significant move that blends sports legacy with intellectual property law.

    Recently, reports surfaced that MS Dhoni has filed a trademark application for the phrase “Captain Cool.” This development, while legal, speaks volumes about the evolution of sports, branding, and personal identity in India. It marks not just a business decision, but a deeply symbolic step that aligns with the growing importance of safeguarding individual persona in the digital age.

    Controversy behind “caption cool”

    To understand the significance of this move, one must revisit what the title “Captain Cool” has come to mean. It is not a name he chose for himself. It was earned over years of pressure-laden matches, last-ball thrillers, and leadership that remained composed even in the face of chaos. Whether it was guiding India to victory in the 2007 T20 World Cup, the historic 2011 World Cup, or handling criticism with stoic silence, Dhoni made a statement with every choice: calm is strength. The world watched, admired, and eventually crowned him “Captain Cool.”

    The name “Captain Cool” is more than just a casual nickname. Over the years, it has become synonymous with Dhoni’s unique leadership qualities, his ability to remain unflustered under pressure, make bold decisions in crunch moments, and lead India to multiple international victories, including the 2007 T20 World Cup and the 2011 ODI World Cup. To cricket fans across the globe, the phrase evokes memories of strategic brilliance, humility, and stoic composure, making it a symbol with substantial brand equity.

    The phrase “Captain Cool” has often been described as a general term of praise, commonly used for various sportspeople over the years. Those opposing the trademark argue that such a widely used, complimentary expression cannot be claimed exclusively by any one individual, regardless of their popularity or public image.

    By seeking to trademark “Captain Cool”, Dhoni aims to secure exclusive rights over its commercial usage, potentially across merchandise, endorsements, digital content, and other business ventures. The trademark application, as per reports filed with the appropriate Indian IP authorities, indicates a desire to formalise and protect this identity in a market where celebrity image rights and brand control are becoming increasingly significant.

    Trademark Application under Class 41

    Dhoni’s application was filed under Class 41 of the trademark classification system. This category includes services relating to education, entertainment, coaching, and sports-related activities fields where Dhoni’s brand and influence have a strong presence. The trademark was initially filed on a proposed to be used basis. However, the application was later updated to indicate commercial use since 2008, aligning with Dhoni’s rise as a national icon during that period. The application recently crossed an important milestone: it was officially published in the Trademark Journal, suggesting that it has cleared the initial regulatory scrutiny and is moving closer to registration. This step opens the floor to any objections before the final grant of rights, a standard procedure in trademark registration.

    The Opposition: Can a Popular Term Be Claimed?

    Not everyone is on board with this development. Critics argue that “Captain Cool” is not unique to Dhoni alone. It has often been used to describe other calm and collected sportspersons across disciplines. They contend that the phrase is a generic, laudatory expression of praise rather than a distinct brand identifier. According to this viewpoint, allowing one individual, no matter how famous, to claim exclusive rights over such a phrase would set a problematic precedent.

    From a legal standpoint, the core of the opposition lies in whether a widely used nickname, which carries a general tone of admiration, can be monopolised for commercial gain. If considered too descriptive or generic, such applications are often denied protection under trademark law.

    MS Dhoni’s ‘Captain Cool’ Trademark Application Opposition to:

    MS Dhoni’s attempt to trademark the phrase “Captain Cool” under Class 41, which includes services related to education, entertainment, and sports activities, was met with opposition from a third party who challenged the registrability of the mark. The opposing party argued that the term “Captain Cool” is a generic, laudatory expression widely used in the public domain to describe individuals who demonstrate calmness and leadership under pressure, not exclusive to Dhoni. They contended that this phrase has been used for multiple sportspeople and public figures over the years and thus lacks distinctiveness.

    According to the opposition, such descriptive or common phrases cannot be monopolised by any individual, regardless of their public stature or fame. Since trademark law requires a mark to be distinctive and not merely descriptive or laudatory, the opposition held that granting exclusive rights to the phrase would unfairly prevent others from using a commonly accepted term of praise in the public and sporting discourse. This led to the trademark application being challenged on the grounds of non-distinctiveness and generic character under the provisions of the Trade Marks Act, 1999.

    Why This Move Matters: Beyond the Cricket Field

    Regardless of the opposition, Dhoni’s trademark move highlights a larger shift in the Indian sports and entertainment landscape. Athletes today are no longer just performers; they are brands. Protecting their public image, nicknames, and associated phrases through trademarks is now seen as a strategic extension of their legacy.

    By asserting rights over “Captain Cool,” Dhoni is not merely looking to capitalise on merchandise or endorsement deals. He is also safeguarding his identity in a marketplace where unauthorised usage of celebrity names is rampant, especially across digital platforms.

    Moreover, this signals to upcoming sportspersons and public figures the growing importance of intellectual property awareness. In the long run, trademarks can open avenues for controlled brand expansion into sectors like fashion, media, training academies, and digital content areas where Dhoni has already made inroads.

    Trademark Accepted: Legal Recognition for “Captain Cool”

    After navigating initial opposition, MS Dhoni’s application to trademark “Captain Cool” successfully passed regulatory scrutiny and was accepted for registration. The Trademark Registry acknowledged that while the phrase might appear generic at first glance, it had, over time, acquired a distinctive identity closely tied to Dhoni’s persona. His consistent portrayal in the media, fan culture, and merchandise as “Captain Cool” played a key role in establishing secondary meaning in the eyes of the public.

    By demonstrating that the phrase had become uniquely associated with his leadership style and image, Dhoni’s legal team secured the required distinctiveness under the Trademarks Act, 1999. This formal recognition reinforces that personal branding, when backed by strong public association and commercial use, can elevate a widely used nickname into a protectable trademark.

    Conclusion: A New Era of Personal Branding in Indian Sports

    Whether or not the opposition succeeds, Dhoni’s trademark attempt marks a pivotal moment in how Indian athletes view their legacy off the field. The name “Captain Cool” may have been coined by fans, but its value, emotional, commercial, and legal, has evolved over the years.

    In seeking to own the phrase legally, Dhoni isn’t just protecting a nickname; he’s defining his story on his own terms. It’s a powerful message about control, identity, and the enduring impact of a name in the age of personal branding.

    Author’s details: Sneha Jain

  • The Prada–Kolhapuri Dispute: A Case of Cultural Appropriation or Creative Inspiration?

    In recent times, the global fashion industry has increasingly drawn inspiration from traditional art forms and indigenous craftsmanship. However, this blending of modern aesthetics with cultural heritage does not always result in appreciation; it often raises concerns about appropriation, exploitation, and disregard for intellectual property rights. A prime example of this is the 2025 controversy involving the luxury Italian fashion brand Prada and India’s iconic Kolhapuri chappals. What seemed like a design homage to Indian footwear culture soon turned into a full-fledged ethical and legal debate over misattribution, disrespect, and the misuse of traditional knowledge.

    The Legacy of Kolhapuri Chappals

    Kolhapuri chappals are traditional handcrafted leather slippers originating from the towns of Kolhapur in Maharashtra and nearby regions in Karnataka. These footwear items are known for their sturdy build, unique leatherwork, and distinctive open-toe design with intricate braiding. For centuries, these chappals have not only been a symbol of regional pride but also an important source of livelihood for thousands of local artisans.

    Unlike mass-produced footwear, each Kolhapuri chappal is made through a detailed manual process, often involving multiple families or community clusters. The craft is passed down through generations and is deeply woven into the social and economic fabric of rural Maharashtra and Karnataka. This traditional craft has been nurtured for generations, becoming an integral part of both the cultural identity and livelihood of communities across rural Maharashtra and Karnataka.

    Prada’s Release and the Spark of Controversy

    In early 2025, Prada introduced a new sandal collection during Milan Fashion Week, where one particular design immediately caught the attention of fashion experts and cultural observers. The sandal showcased by Prada looked strikingly similar to the traditional Kolhapuri chappal, not only in its shape but also in its intricate leather detailing and overall aesthetic. While the brand mentioned it was inspired by Indian handcrafted footwear, there was no reference to Kolhapur, the skilled artisans behind the design, or the rich cultural heritage it represents.

    This vague attribution prompted swift backlash from both Indian commentators and global critics. While inspiration in fashion is common and even celebrated, the complete absence of credit to the origin community struck many as exploitative. The failure to acknowledge the source of the design and, more importantly, to benefit or collaborate with those who created it ignited a firestorm of ethical questions. Social media platforms, op-eds, and legal experts quickly weighed in, framing the issue as one of cultural appropriation rather than respectful admiration.

    Does GI Law Offer Legal Recourse?

    Under the GI Act, authorised users have the exclusive right to use the GI on goods for which the indication is registered. Section 21(1)(b) and Section 22 of the Act prohibit unauthorized usage that either misleads the public about a product’s geographical origin or results in unfair competition. At a glance, it would seem that Prada, being neither an Indian manufacturer nor an authorised GI user, may have crossed a legal boundary.

    However, the legal reality is more nuanced. Prada never marketed or labeled its footwear as “Kolhapuri Chappals.” Its public statement explicitly clarified that the design was inspired by Indian traditions, without using the GI tag itself. This distinction is critical.

    In contrast, GI infringement typically occurs when a product is labeled or presented in a way that suggests a false geographical origin. For example, in the Scotch Whisky case involving Indian distillers using the word “Scotch” for local liquor, the Delhi High Court barred the use of the term due to its direct link with Scotland. But Prada’s case doesn’t align with this precedent; there was no deliberate or misleading branding of the product as Kolhapuri.

    Furthermore, the GI Act’s “passing off” clause (Section 22(1)(b)), which draws from trademark principles, also does not clearly apply. In Tea Board of India v. ITC Ltd., the Calcutta High Court explained that for a successful “passing off” claim, there must be deceptive similarity in branding, along with overlapping markets or consumer bases. Prada’s sandals target a completely different demographic, are sold through entirely different channels, and are priced in a way that makes confusion highly unlikely. Therefore, legally, Prada’s collection, although ethically questionable, likely does not constitute GI infringement.

    Kolhapuri GI and Future Protection Strategies

    Despite its limitations, GI protection remains a valuable starting point. The TRIPS framework allows room for expanding GI protection, including attributes like reputation and quality. India’s current legal environment doesn’t yet protect visual design or product features unless they are novel inventions (as required under patent law) or new, original designs (as per the Designs Act). Unfortunately, traditional crafts by their very nature fall outside these definitions.

    In 2017, the Maharashtra government even considered patenting Kolhapuri chappals, only to discover the legal framework did not support such a move. This leaves artisans in a difficult place: they cannot patent their ancestral techniques, nor can they stop foreign brands from drawing “inspiration” from their work.

    Still, all hope is not lost. GIs can be effectively used in combination with branding, cooperative models, and public awareness. The Union Government has proposed initiatives like the “One District One Product” (ODOP) scheme and “Unity Malls” to promote GI-tagged items. If implemented properly, such platforms could give a global boost to local products.

    Ethical Concerns: Appropriation vs. Appreciation

    At the heart of this dispute lies a fundamental ethical dilemma. Was Prada merely taking inspiration from an ancient design tradition, or was it appropriating a cultural artifact for commercial gain without giving due recognition or compensation? Cultural appropriation is a concept that involves taking elements from a culture, especially one that has been historically marginalized or colonized, and using them in a way that is disconnected from their original meaning or purpose.

    In this case, Kolhapuri chappals are not just aesthetic items but represent an entire artisanal ecosystem rooted in identity, heritage, and economic survival. By marketing a high-end version of the Kolhapuri sandal without collaboration or credit, Prada was seen as diluting the value of the original craft and its community. Critics noted that global brands have a responsibility to ensure ethical sourcing and cultural sensitivity, especially when profiting from designs that have deep-rooted historical and social significance. Transparency and fair engagement with the source community are essential to avoid the perception and the reality of exploitation.

    Artisan Voices and the Role of MACCIA

    The most affected by this controversy were undoubtedly the Indian artisans who make Kolhapuri chappals. For them, the issue was not just about design theft but about decades of neglect by both domestic markets and, now, international corporations. Many artisans expressed disappointment that their craft had been showcased on a world stage without their involvement or acknowledgment. Local organizations supporting handicraft workers pointed out that while luxury fashion houses like Prada profit from such designs, the actual makers continue to struggle with poverty, inconsistent demand, and lack of institutional support.

    The Maharashtra Chamber of Commerce, Industry and Agriculture (MACCIA) took a proactive step by addressing the issue formally. They sent a letter to Prada inviting them to engage in a conversation with the artisan community and consider collaborations that would benefit both parties. Among the proposals were suggestions for launching a co-branded Kolhapuri-inspired line, entering into fair-trade agreements, and offering design training or cultural exchange programs to support local innovation.

    What Now? Prada, Collaborations, and the Road Ahead

    Interestingly, the controversy may yet yield positive results. In the wake of the backlash, Prada has reportedly opened discussions with artisan groups and the Maharashtra government for co-branding opportunities. Whether this leads to meaningful partnerships or is merely a public relations move remains to be seen. Yet, the incident has undeniably shone a spotlight on the potential of Kolhapuri chappals in the global marketplace.

    Meanwhile, the Maharashtra government has begun pushing for GI registration of over 30 more regional products, suggesting a shift in strategy. Perhaps the outrage was a wake-up call, proof that even a centuries-old tradition can become globally relevant if properly supported and protected.

    The Road Ahead: Responsibility and Reform

    For Prada, the path forward involves a critical choice. The brand can either ignore the controversy and continue business as usual or take meaningful steps to correct course. Ethical business practices would dictate that Prada should acknowledge the inspiration behind its sandal, partner with Indian artisans or cooperatives, and potentially share profits or provide grants for artisan development. Such actions would set a new precedent for responsible luxury fashion, one that values the origin of creativity as much as the end product.

    On the policy front, Indian lawmakers and stakeholders need to reconsider the scope of GI laws. There is a growing need to amend current legislation so that visual design, construction style, and material composition also receive legal protection under the umbrella of traditional knowledge. Globally, India could lead a coalition of countries pushing for WIPO treaties that broaden protection for cultural expressions, ensuring that no community is left voiceless in the face of global commercialization.

    Consumers, too, have a role to play. By questioning the sourcing of the products they buy and choosing to support ethically produced alternatives, consumers can shift the demand curve in favor of transparency, fairness, and cultural respect.

    Conclusion: A Case Study in Legal Limits and Cultural Power

    The Prada–Kolhapuri incident reveals the growing intersection between intellectual property, traditional knowledge, and global commerce. While no clear legal case of GI infringement exists, the episode is a powerful reminder of how fragile our current laws are in the face of cultural commodification. For Kolhapuri chappal artisans, the legal system offers little protection beyond a name, and even that is barely enforced.

    Yet, paradoxically, the controversy has also sparked renewed interest in the product. Sales of Kolhapur’s have seen an uptick since the news broke, perhaps validating the old saying, “any publicity is good publicity.” But for this momentum to last, India’s GI regime must evolve beyond registration formalities to become a true engine of economic justice, cultural respect, and global awareness.

    Author details: Sneha Jain

  • BEST WAYS TO SAVE TAX IF YOUR SALARY IS MORE THAN ₹10 LAKHS

    Earning more than 10 lakh per annum in India can put you in one of the highest tax slabs, and you end up paying a huge amount of your hard-earned salary to the government in the form of tax. So, to avoid such a situation, one must know about tax efficiency, not just as a compliance but as a necessity. This one thing can help you in reducing your tax liability; you just need to make the right decisions at the right time.

    Income tax saving can only be done by proper tax planning. One must know how to save tax in India, Section 80C deductions, income tax slab for AY 2025-2026, Tax exemptions for salaried employees, Tax tax-saving investments.

    In this article we are going to discuss all the above-mentioned points and try to understand every aspect of the tax slab of the year 2025-2026. 

    Platforms like TMWala are there to help you out in understanding which tax slab you fall into, what kind of deduction you are eligible for, and how you can reduce your tax liability. 

    INCOME TAX SLAB FOR AY 2025-26

    On 1 February 2025, when the budget was introduced by Finance Minister Nirmala Sitharaman, a significant change in tax slab was introduced. As per the budget 2025, the basic exemption limit has been enhanced to 4 lakhs, and a tax rate of 25% was also introduced. A table explaining the tax slab is mentioned herewith:

    INCOME TAX SLABSTAX RATE
    Upto Rs. 4 lakhsNIL
    Rs. 4 lakhs – Rs. 8 lakhs5%
    Rs. 8 lakhs – Rs. 12 lakhs10%
    Rs. 12 lakhs – Rs. 16 lakhs15%
    Rs. 16 lakhs – Rs. 20 lakhs20%
    Rs. 20 lakhs – Rs. 24 lakhs25%
    Above Rs. 24 lakhs30%

    TAX EXEMPTIONS FOR SALARIED EMPLOYEES

    The tax regime for the AY 2025-2026 simplifies tax calculations and benefits salaried employees. The major exceptions a salaried employee has under this tax regime are: 

    1. Standard deduction of ₹75,000

    Additionally, salaried employees are eligible for the standard deduction of ₹75,000, which considerably lowers their taxable income.

    1. TDS Provisions under the New Regime
    • Higher Exemption Limit: There will be fewer taxpayers since those making up to ₹4,00,000 will not be subject to taxes.
    • Section 87A Rebate: A refund of up to ₹60,000 is provided for incomes up to ₹12,000,000, thereby removing the tax obligation for certain individuals.
    • Updated Deduction on Rent Payments: The yearly rental payment threshold for TDS deduction has been raised to ₹6 lakh.

    SECTION 80C DEDUCTIONS

    There are some investments and expenses that are exempted from tax as per section 80C of the Income Tax Act. The reduction can be as much as Rs. 1.5 lakh under section 80C, if you divide your income among various financial assets, such as PPF, NSC, ELSS, etc.

    HOW TO SAVE TAX IN INDIA

    Even though the new tax regime offers lower tax rates, it removes most common deductions. However, there are still a few legitimate ways for Income tax saving, the first two of them, i.e, employer’s contribution to PF & NPS and home loan interest on rental properties, are great tax-saving investments. Here’s a quick breakdown:

    1. Employer’s Contribution to PF & NPS  

    • PF (Provident Fund): Your employer contributes 12% of your basic salary. This is not taxable, up to a combined limit of ₹7.5 lakh/year (including NPS and other contributions).
    • NPS (National Pension System): The Employer can contribute up to 14% of your basic salary, which is also tax-free under Section 80CCD(2).

    2. Home Loan Interest on Rental Properties

    • If you rent out a property you bought using a home loan, you can deduct the interest paid from your rental income under Section 24(b).
    • This reduces your taxable rental income.
    • Also, you get a standard deduction of 30% on rental income (after property taxes).

    3. Reimbursements 

    Many companies offer tax-free reimbursements as part of your salary if you submit valid bills. The reimbursements are granted on: 

    • Fuel/travel
    • The driver’s salary
    • Internet/phone
    • Books & periodicals
    • Food cost during travel
    • Stays 

    These are not taxed in either regime if proper bills are submitted.

    4. Other Tax-Free Benefits in the New Regime

    Some specific exemptions are still allowed:

    • Family pension: Tax-free up to ₹25,000, or 33.33%.
    • Gifts: From non-relatives up to ₹50,000 in a year are not taxed.
    • Gratuity: Up to ₹20 lakh is tax-free.
    • Voluntary retirement benefits: Up to ₹5 lakh.
    • Leave encashment on retirement/resignation: Up to ₹25 lakh.
    • Official travel/conveyance allowance and daily allowances for out-of-office work.
    • Non-taxable perquisites: e.g., company laptops, medical facilities, or interest-free loans.

    TMWala can help you identify which tax deduction you are eligible for. 

    TAX PLANNING INDIA

    Tax planning starts with understanding the applicable tax slabs under the new tax regimes. The new regime (under Section 115BAC) offers simplified tax rates and higher standard deductions but removes most exemptions and deductions. To make the most of tax-saving opportunities, salaried individuals should carefully assess their income structure and available benefits. Employer contributions to NPS under Section 80 CCD (2), for instance, are tax-deductible under both old and new regimes, offering a strategic advantage.

    Additionally, reimbursements like phone bills, internet expenses, and official allowances can be structured to reduce taxable income. Timely filing of income tax returns is equally important to avoid penalties and interest. Ultimately, choosing the right regime depends on one’s salary structure and eligible deductions, and it’s advisable to compare both regimes before filing to ensure maximum tax efficiency.

    CONCLUSION

    In conclusion, income tax saving is not just about reducing your tax but about making the right financial decisions throughout the year. With effective tax planning in India, salaried individuals can significantly reduce their tax liability while staying compliant. Knowing how to save tax in India, whether through employer contributions, property investments, or strategic use of Section 80C deductions, can lead to substantial savings. Understanding the income tax slab for AY 2025-26 and utilizing available tax exemptions for salaried employees is key. Finally, choosing the right tax-saving investments tailored to your income structure ensures maximum tax efficiency and better financial health.

    TMWala can help reduce your tax liability using correct tax deduction methods and make sure to fulfill all the compliance within time limits.

  • THE IMPORTANCE OF COPYRIGHTS IN THE DIGITAL AGE

    INTRODUCTION

    In the age where AI has become the author of every other new content, protecting the rights of real-life authors has become crucial not just as a legal obligation but also a critical component of sustaining innovation and originality. As the internet became handy for people worldwide, they started consuming and producing content at a very high pace, and because of this, copyrights became very important. Copyright law guarantees intellectual and economic rights of creators, enabling them to retain rights over the work they created and to get monetary benefits out of it.

    The copyright ensures protection of all kinds of artistic work (like music, art, dance, etc), literary work (articles, blogs, scripts, academic writings, etc.) from unauthorized use, reproduction, or distribution. They ensure that the original creator, whether an individual creator or organisation, is being duly recognized and compensated fairly for their work. In this article, we are going to discuss about Importance of copyrights, Copyright infringement online, the Copyright registration process, how to protect digital content, Digital rights management, and how to avoid copyright infringement.

    IMPORTANCE OF COPYRIGHTS

    Copyright plays the role of a guard in protecting the original work in this digital world. In today’s digital world, copyright is a legal concept that grants the creator of an original work exclusive rights over their work; these rights include the right to use, the right to sell, and the right to distribute. These rights empower the creator to decide who can use their content and to what extent.

    Nowadays content of the original creator can easily be copied and shared with thousands of people with just one click. The Copyright Act helps in preserving the value and integrity of intellectual property. Because of this act, the creators feel safe to create content without worrying about it being misused by any third party.

    TMWala helps creators register, monitor, and manage their content rights in real time, making copyright protection not just accessible but hassle-free.

    COPYRIGHT INFRINGEMENT ONLINE

    The concept of copyright infringement online is a nightmare for creators. The internet, while opening door that connects the world, has also made it incredibly easy to copy any content, or we can say steal it, manipulate, or redistribute it without the permission of the original creator of that content.

    Online copyright infringement can be in many ways, such as:

    • Piracy– it is the unauthorized copying and selling of copyrighted content, such as music, videos, films, etc.
    • Unlicensed music streaming refers to any music distributed without the copyright owner’s permission.
    • Software piracy– Illegally downloading, copying, or selling software that is legally protected.
    • Plagiarism– the practice of taking someone else’s work or ideas and passing them off as one’s own

    As social media platforms are getting famous and sharing content has become a sign of good friendships, users now share videos, images, and text at lightning speed, even without considering that it can have legal consequences.

    Artificial intelligence (AI) has made the matter worse. AI can make a copy of any kind of content, such as art, music, and even academic writings, and it can inadvertently copy or replicate copyrighted content used in its training database. It makes it hard to distinguish the real content from copyrighted content, even for courts and legal systems to determine ownership.

    Dealing with copyright infringement online can be a hard task as it requires a combination of technological tools and legal mechanisms. But there are a few things that can help in protecting the content on social media platforms like YouTube, Instagram, and Facebook; these are:

    • Digital fingerprinting
    • Using Watermark
    • Content identification systems

    COPYRIGHT REGISTRATION PROCESS

    Copyright offers protection, which starts on the very moment when you create the artistic work, but going through the copyright registration process provides a stronger legal foundation for enforcing rights. Registering a copyright with the appropriate authoritysuch as the Indian Copyright Office, creates an official record of ownership on the original work and can be critical evidence of ownership on the content if legal disputes arise.

    To register a work under copyright law, the applicant has to submit a completed application, provide a sample of the work, and pay the requisite fee. In case of digital content such as music, videos, software, etc, the applicants usually submit electronic files as evidence of their work.

    There are several advantages to formal registration:

    • Legal Protection: In many jurisdictions, copyright infringement lawsuits can only be filed against registered works.
    • Statutory Damages: Higher compensation, including legal fees, is made possible by registration.
    • Public record: It discourages unauthorized use by assisting others in confirming that the content is owned and protected.

    TMWala streamlines this process by guiding creators through each stepfrom documentation to submissionmaking it easier to register copyrights without legal complexity.

    HOW TO PROTECT DIGITAL CONTENT

    Sharing content online looks fascinating, as shown by different social media platforms, but the creators must understand one thing before starting to post the content that is ‘How to protect digital content’ effectively. Here are a few strategies:

    1. Use copyright notices: Your work should prominently display ownership details and copyright marks. Users are informed by this that the content is protected and not available for public use without permission.
    2. Apply digital watermarks: It is simpler to verify ownership and identify illegal copies when subtle markings are incorporated into pictures, movies, or audio files.
    3. Metadata tagging: Adding author and copyright information to a file’s metadata guarantees that the data is transferred when the file is shared online.
    4. Licensing agreements: State the terms and conditions under which your content can be used by others. Tools like Creative Commons licenses help creators give conditional permissions.
    5. Monitor online platforms: Use reverse image search engines or digital content tracking tools to spot unauthorized use of your work.
    6. Utilize DMCA takedown procedures: Most hosting providers and platforms support formal takedown notices for removing infringing content swiftly.

    Platforms such as TMWala offer automated watermarking, real-time monitoring, and metadata tools that make protecting digital content much more efficient and user-friendly for creators and brands alike.

    DIGITAL RIGHTS MANAGEMENT

    A core element of copyright enforcement in the digital world is digital rights management (DRM). DRM refers to technologies that control how digital content is used, copied, and distributed. While DRM systems are often associated with media companies and publishers, they’re increasingly relevant for independent creators as well.

    For instance, DRM software embedded in eBooks can restrict users from printing or sharing them. Video platforms employ encryption to prevent users from downloading protected content. Music services use DRM to limit how and where songs can be played. These measures not only deter piracy but also help maintain pricing models that support creators financially.

    Despite their benefits, DRM solutions have drawn criticism for being overly restrictive. Consumers sometimes find that DRM limits their ability to use content they’ve legally purchasedsuch as watching a film on a different device or backing up files. Thus, DRM implementation must be balanced to protect creators while maintaining a fair user experience.

    HOW TO AVOID COPYRIGHT INFRINGEMENT

    Just as it’s important to protect your work, it’s equally important to understand how to avoid copyright infringement yourself. Whether you’re a student, content creator, business owner, or developer, respecting others’ intellectual property is essential to operating ethically and legally.

    Here are a few guidelines:

    • Create your content: This is the best way to ensure originality and avoid issues altogether.
    • Use licensed resources: If you need images, music, or code, use content from the platforms that offer royalty-free or licensed content.
    • Credit sources properly: When using quotes, excerpts, or inspiration from someone else’s work, attribute the creator clearly.
    • Understand the doctrine of fair use: Know when and how content can be used without permission, especially in educational, critical, or transformative contexts.
    • Train your team: Businesses and organizations should ensure that all employees understand copyright policies to prevent accidental violations.
    • Stay informed: Laws evolve, and changes are made regularly, especially in light of AI and digital platforms. Keeping up-to-date is key.

    CONCLUSION

    In today’s digital world, the importance of copyrights cannot be ignored. They protect creators’ rights and ensure fair recognition and compensation. However, copyright infringement online has become increasingly common due to the ease of copying and sharing content.

    Going through the copyright registration process strengthens legal protection and provides a public record of ownership. Creators must also learn how to protect digital content through tools like watermarks, metadata, and licensing agreements.

    Technologies like digital rights management help control how content is accessed and shared, especially on digital platforms. At the same time, everyone needs to understand how to avoid copyright infringement by using original or licensed content and giving proper credit.

    By respecting copyrights and taking proactive steps, we can build a safe and fair creative environment for all.

    TMWala provides end-to-end support for copyright registration, content monitoring, and digital protection. creators now have powerful tools to safeguard their work.