Use of one of associated or substantially identical trade marks equivalent to use of another
Section 55 of the Trade Marks Act, 1999 deals with use of one of associated or substantially identical trade marks equivalent to use of another. 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 o The Act came into force on 15 Sep 2003.
(1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the 1[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.
Section 55, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 55
What does Section 55 of the Trade Marks Act deal with?
Section 55 of the Trade Marks Act is headed "Use of one of associated or substantially identical trade marks equivalent to use of another". 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 o
How do I find court cases under Section 55 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 55, section 55 Trade Marks Act, section 55 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 55 of the Trade Marks Act, and has it changed?
Its own text turns on section 15 (Registration of parts of trade marks and of trade marks as a series), section 32 (Protection of registration on ground of distinctiveness in certain cases), so none of them can safely be read on its own.
When did Section 55 of the Trade Marks Act come into force?
Section 55 of the Trade Marks Act, cited as Trade Marks Act 55, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.