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Section 55

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55. Use of one of associated or substantially identical trade marks equivalent to use of another.-

(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 maybe] Subs. by Act 33 of 2021, s. 21, for “tribunal” (w.e.f. 4-4-2021) 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.