What Constitutes Use Of A Trademark?

An application for the removal of a mark MATESHWARI which was filed by one M/s Shiv Kumar Sushil Kumar Tea Enterprises Pvt. Ltd. ("Shiv Kumar")- owners of the mark MADHUSHREE on the grounds of similarity between MADHUSHREE and MATESHWARI and non-use of the latter. Both these parties are involved in the business of processing and marketing of tea and have trademarks that are the stylized forms of "MADHUSHREE" and "MATESHWARI" respectively. The said application was dismissed by the Intellectual Property Appellate Board ("the Board") for lack of adequate evidence supporting Shiv Kumar's contentions. Here, the Board sought an opportunity to briefly assess as to what constitutes "Use" of the trademark.