Trade Marks Act, 1999
56. Use of trade mark for export trade and use
when form of trade connection changes.-
(1) 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 so
exported or services or 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 a 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 in material under this Act or any other law.
(2) 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.