What Constitutes Trademark Use

India is one of the countries where one has to show use of a trademark in order to claim distinctiveness and/or priority for purposes of registration and for purposes related to establishment of prior user and/or acquisition of distinctiveness. For registration of trademark in India, prior user takes precedence over an earlier registration. India follows first-to-use principle

Thus, the question what constitutes use of trademark in India is of vital importance to both domestic and international clients filing for registration of their trademark and/or seeking protection against any infringer of their trademark.

The Trademark Act, 1999 of India does not specifically provide any particular definition of use of trademarks. Section 9 (proviso) provides that a trademark registration shall not be refused registration, if before the date of application, it has acquired a distinctive character as a result of use made of it or is a well-known mark. Section 34 provides for