You have a brand but you don’t’ sell the products under that brand in India and neither do you hold a trademark registration for the mark in India. Meanwhile, someone in India adopts your brand name and starts manufacturing and selling products under that brand. If you have advertisements in magazines that are distributed in India and if your product is listed on a website accessible from India, can you then say that the reputation of your brand has spilled over into India?
In my previous article about trademarks, one of the important pointers I had mentioned was about “use” of the mark. Considering that usage of trademark plays a pivotal role in trademark disputes, almost a decider in cases, it is important to explore it. So what is usage in India? How have the Indian courts and tribunals interpreted usage? Do the marks certainly have to be used in India to prove usage? Let’s explore!
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