Chapter VI - Use of Trade Marks and Registered Users
Section 55
Section 55: Equivalent use of associated or varied marks
Use of an associated mark or a version not substantially changing identity may be accepted as equivalent proof of use.
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This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the Registrar or the High Court, as the case may be may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark shall, for the purpose of this Act, be deemed to be also use of any trade mark being a part thereof and registered in accordance with sub-section (1) of section 15 in the name of the same proprietor.
(3) Notwithstanding anything in section 32, the use of part of the registered trade mark in sub-section (2) shall not be conclusive as to its evidence of distinctiveness for any purpose under this Act.
Rule and business relevance
That acceptance is discretionary to the stated extent. Use of a registered whole also counts as use of a separately registered part in the same proprietor’s name, but subsection (3) says this is not conclusive evidence of distinctiveness.
Limits and related provisions
Do not assume every redesign preserves the original identity or that deemed use automatically proves distinctiveness. Assess the actual alterations and registrations.
Hypothetical business example
Hypothetical example: A proprietor modernises minor design details while retaining the mark’s identity. It considers whether that use can support the relevant proof requirement.
Practical decision flow
Compare the used and registered marks.
Check associated status or whether changes substantially affect identity.
Keep proof of use distinct from the separate distinctiveness question.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Compare the used and registered marks.
- Check associated status or whether changes substantially affect identity.
- Keep proof of use distinct from the separate distinctiveness question.
Avoid
- Do not assume every redesign preserves the original identity or that deemed use automatically proves distinctiveness. Assess the actual alterations and registrations.
Glossary
- Equivalent use
- Use accepted in place of the particular registered form under subsection (1).
- Substantial identity change
- A change that falls outside the stated unchanged-identity qualification.
Frequently asked questions
Must every variation be accepted?
No. The authority may accept it only if and so far as considered right under the conditions.
Can use of a whole count for a separately registered part?
Yes, with the same-proprietor and section 15 conditions stated.
Is that conclusive proof of distinctiveness?
No. Subsection (3) expressly rejects that conclusion.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026