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Section 56

Table of Contents

56. Use of trademark for export trade and use when the form of trade connection changes.

(1) The application in India of a trademark 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 a trademark therein, shall be deemed to constitute use of the trademark in relation to those goods or services for any purpose for which such use is material under this Act or any other law.

(2) The use of a registered trademark 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.

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