Chapter VI - Use of Trade Marks and Registered Users
Section 56
Section 56: Export use and changed trade connections
Specified acts in India for export goods or overseas services count as use, and a changed form of trade connection is not alone enough to establish confusion.
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Need advice on Section 56?
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) 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 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 is 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.
Rule and business relevance
Subsection (1) treats qualifying India-based application or acts as use where analogous domestic acts would count. Subsection (2) addresses a change in the form of the user’s trade connection with goods or services.
Limits and related provisions
Not every overseas activity is an act in India under subsection (1), and subsection (2) does not immunise actual deception on other grounds. Apply each limb to its facts.
Hypothetical business example
Hypothetical example: A business applies its mark in India to goods exported abroad. It keeps export and marking records as evidence of the qualifying use.
Practical decision flow
Identify the act done in India and its export or overseas-service connection.
Assess whether the analogous domestic act would constitute use.
For a changed trade connection, distinguish that fact alone from other possible confusion.
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
- Identify the act done in India and its export or overseas-service connection.
- Assess whether the analogous domestic act would constitute use.
- For a changed trade connection, distinguish that fact alone from other possible confusion.
Avoid
- Not every overseas activity is an act in India under subsection (1), and subsection (2) does not immunise actual deception on other grounds. Apply each limb to its facts.
Glossary
- Export-use deeming
- The treatment of qualifying India-based export acts as use.
- Form of trade connection
- The relationship between the mark user and the goods or services addressed in subsection (2).
Frequently asked questions
Can applying a mark in India to exported goods count as use?
Yes, under the conditions of subsection (1).
Does any overseas activity qualify regardless of location?
The provision concerns the specified acts done in India.
Does a changed trade connection alone establish confusion?
Subsection (2) says it shall not be deemed confusing on that ground only.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026