Do I have to use my trademark in India prior to filing? Is use after registration necessary?

No use is required for filing or registration. Indian trademark law allows one to file a trademark application in India on an ‘intent-to-use’ basis.

The owner of the registered trademark in India has to start using within 5 years and 3 months of the date of registration. If use in India has not started, the registered trademark may be challenged in invalidation proceedings.

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