User Can a foreign trademark be used in India?
In India, the use of a foreign trademark is generally allowed, but there are certain conditions and considerations to keep in mind. India follows the "first-to-use" system, which means that the person or entity who uses a trademark first in the course of trade in India has the preferential right to register that trademark. Here are some key points to consider: Registration: If a foreign trademark is not already registered in India, it is advisable to register it with the Indian trademark office. Registration provides legal protection and exclusive rights to use the trademark in connection with the specified goods or services. Well-Known Trademarks: Well-known trademarks, whether foreign or domestic, enjoy a higher level of protection in India. Even if not registered in India, a well-known foreign trademark may be protected against unauthorized use if it is recognized as well-known by Indian authorities. Use in Trade: The use of a trademark in the course of trade is crucial fo...