Posts Tagged "export"

Trademark for export trade – ‘use’ of the mark in India?

Over the last few decades, the world economy has witnessed a paradigm shift as far as transaction of goods and services are concerned. Companies have expanded their business operations and established their manufacturing units across the globe and services have traversed boundaries, which has in effect led to the upswing of branding. Intellectual property plays a pivotal role in the trade related aspects and trademark law in such cases comes into play when issues regarding registration of mark and ‘use’ of mark in the country of origin or country of export are under dispute. The Indian position is clarified under Section 56 of the Trade Marks Act, 1999 which, in unequivocal terms, states that if the goods to be exported or services rendered are outside India and trademark is branded in India, then for the purposes of Indian law, that mark is said to be used in India.

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