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17 September 2019Jurisdiction reportsNV Saisunder and Shyamolima Sengupta

India jurisdiction report: What constitutes use of trademarks?

While undoubtedly a registered proprietor in India enjoys exclusive rights over his trademarks and such registration also affords protection against counterfeiting and infringement, in order to claim such exclusivity and protection, the element of ‘usage’ of trademarks becomes vital not only for registration but also for enforcing one’s rights over infringing marks or while defending any cancellation petition filed against a trademark for alleged non-use.

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