If you apply your mark to goods in India and export them, that counts as “use” of the mark in India — even though no Indian customer ever buys them. For export-focused manufacturers, that single rule changes the case for registering in India.
The rule: Section 56
Section 56 of the Trade Marks Act, 1999 settles the question directly: where goods are to be exported, or services rendered outside India, but the mark is applied (branded) in India, then for the purposes of Indian law the mark is treated as used in India. Branding at home is enough — the sale abroad does not take the use outside the Act.
What amounts to “use”?
Section 2(2)(b) defines use broadly to include the “use of printed or other visual representation of the mark.”
- For goods — applying the mark to the product itself or to related materials (packaging, labels).
- For services — any statement about the availability, provision or performance of the service.
Two illustrations for goods
- Branded in India, then exported. A manufacturer applies the mark to products in India before shipping them abroad. This qualifies as use under Section 56.
- Unbranded goods. Products manufactured in India but not branded here — the mark applied only at the destination — may not amount to trademark “use” in India.
For services (say a BPO or back-office operation), use can arise from advertisements or a website evidencing performance of the service — though an invoice to a non-Indian entity may not, by itself, establish use in India.
Why register in India even if you only export
- Your Indian branding is protectable use. Section 56 means an export business genuinely uses its mark in India — and should hold the registration that protects it.
- It guards against former licensees. Registration lets you stop a former manufacturer or licensee from using the mark after the arrangement ends. Without registration, your remedy narrows to a passing off action, which is harder to run.
Frequently asked questions
Does branding goods in India for export count as trademark use in India? Yes. Under Section 56, applying the mark in India counts as use here even if the goods are sold only abroad.
What if the goods are not branded in India? If the mark is applied only at the destination country, it may not amount to use of the mark in India.
Should an export-only business register its trademark in India? Yes — its Indian branding is protectable use, and registration is the strongest protection against former licensees and imitators.
What counts as “use” for services rendered abroad? Statements about the availability or performance of the service, such as advertising or a website; an invoice to a foreign entity alone may not suffice.
Useful official resources
- The Trade Marks Act, 1999
- IP India trademark e-filing portal