Sections 55-56 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Use of a mark matters in several places in the Act: removal for non-use under section 47, acquired distinctiveness, and others. Sections 55 and 56 say what counts as use. Section 55 allows use of a closely related mark to stand in for the registered mark. Section 56 says goods made for export count, and that a change in the form of trade connection does not by itself create deception.
Section 55: where use of a registered mark must be proved, the Registrar or the High Court, as the case may be, may, if and so far as it thinks right, accept use of a registered associated trade mark, or of the mark with additions or alterations not substantially affecting its identity, as equivalent. Section 56: applying the mark in India to goods to be exported, or in relation to services for use outside India, is deemed use for any purpose where use is material under this Act or any other law. Use by someone connected in the course of trade is not deemed likely to deceive only because a different form of connection existed earlier.
Section 55: equivalent use
The forum wording
Section 55(1), as enacted, says "the tribunal may". Section 55(1) was amended by the Tribunals Reforms Act, 2021: the word "tribunal" is replaced by "Registrar or the High Court, as the case may be". Before the Tribunals Reforms Act, 2021 this read "tribunal".
Sub-section (1): associated or altered marks
"Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved."
| Element | What the text says |
|---|---|
| When | Use of a registered mark must be proved "for any purpose" under the Act |
| Who decides | The Registrar or the High Court, as the case may be |
| Discretion | "May, if and, so far as it shall think right" |
| What may be accepted | Use of a registered associated trade mark, or the mark with additions or alterations not substantially affecting its identity |
The power is discretionary and measured: "so far as it shall think right". It is not a rule that any variant counts. The test for an altered mark is that the changes do not substantially affect identity. For how associated marks arise, see Section 16.
A brand owner who has modernised a logo, added a tagline or changed the colour scheme should keep records of how the mark was used. If a non-use action is filed under Section 47, this section is the proprietor's answer for the changed version. Our legal consultation service can look at the pattern of your use and advise how well it supports your registrations.
Sub-section (2): use of the whole counts as use of a registered part
"The use of the whole of a registered trade mark shall, for the purpose of this Act, be deemed to be also use of any trade mark being a part thereof and registered in accordance with sub-section (1) of Section 15 in the name of the same proprietor."
So if a proprietor has registered a part of a composite mark separately under section 15(1), using the whole composite is deemed to be use of the part. The condition is that the part is registered in the same proprietor's name. See Section 15.
Sub-section (3): not conclusive for distinctiveness
"Notwithstanding anything in Section 32, the use of part of the registered trade mark in sub-section (2) shall not be conclusive as to its evidence of distinctiveness for any purpose under this Act." In plain terms, the deemed use in sub-section (2) counts as use, but it does not by itself conclusively prove that the part has become distinctive.
Section 56: export trade and changes in trade connection
Sub-section (1): export use is use
"The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in India in relation to goods to be so exported or services so rendered outside India which, if done in relation to goods to be sold or services provided or otherwise traded in within India would constitute use of trade mark therein, shall be deemed to constitute use of the trade mark in relation to those goods or services for any purpose for which such use is material under this Act or any other law."
Break it down:
- The mark is applied in India to goods that are to be exported, or used in relation to services for use outside India.
- Any other act done in India for such goods or services that would amount to use if the goods were sold in India.
- Such acts are deemed use of the mark in relation to the goods or services.
- This holds "for any purpose for which such use is material under this Act or any other law".
An exporter whose goods are labelled in India and shipped abroad, without a domestic sale, therefore can point to section 56(1) when facing a non-use application. Section 47(1)(b) asks about "bona fide use", so read section 56(1) together with it and keep records that show the export activity in real terms.
Example. Sharma Handicrafts registers "Anokhi Weave" in India and sells only to buyers in Dubai. Labels are printed and attached in Jaipur, and the goods are shipped from there. If a rival files for removal on the ground of no use in India, Sharma relies on section 56(1): applying the mark in India to goods to be exported is deemed use of the mark.
Sub-section (2): a different form of connection
"The use of a registered trade mark in relation to goods or services between which and the person using the mark any form of connection in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the mark has been or is used in relation to goods or services between which and the said person or a predecessor in title of that person a different form of connection in the course of trade subsisted or subsists."
This protects a person whose connection with the goods has changed form, for example from manufacturer to distributor, or after a transfer from a predecessor in title. The change in the form of connection alone does not make the use likely to cause deception or confusion. The word "only" is key: other facts may still produce confusion.
Section 69 lists sub-section (2) of section 56 among the provisions that do not apply to certification trade marks; sub-section (1) is not on that list. See Sections 69-70. For our guide to assembling the proof, see evidence of use of a trademark.
Practical points
- Keep proof of every version of the mark used, with dates; sub-section 55(1) is a discretion.
- Record export labelling in India: purchase orders, label print jobs, shipping bills.
- Register significant parts separately under section 15(1) if you rely on sub-section 55(2).
- Remember the word "bona fide" in section 47; deemed use does not excuse sham use.
- Document changes in trade connection such as a switch from manufacturer to trading arm.
Need help proving use of your mark?
If a non-use action has been filed, or you want to prepare your records before one is, the way you describe your use matters. Our legal consultation team can review your labels, exports and invoices and advise on what to file.
Key takeaways
- Where use must be proved, the Registrar or the High Court may accept use of an associated mark, or of the mark with insubstantial additions or alterations.
- Use of the whole of a registered mark is deemed use of a part registered under section 15(1) in the same proprietor's name.
- That deemed use is not conclusive as to distinctiveness.
- Applying the mark in India to goods for export, or in relation to services for use abroad, is deemed use.
- A different form of trade connection does not, on that ground only, make use likely to deceive or confuse.
Read next
- Section 47: removal from the register for non-use
- Sections 52-54: infringement proceedings by registered and permitted users
- Section 57: cancellation, variation and rectification of the register
- Evidence of use of a trademark: compilation guide
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.