Despite the United States first to use trademark system, trademark trolling is on the rise and damaging small businesses. Government intervention is desperately needed

US is also first to use requirement jurisdiction[2]. Commercial use is not just a need for registration in the United States, but it also emphasises the applicability of other trademark-related concepts. To explain, courts bolster the stipulation by extra doctrines in addition to Section 45 of the Lanham Act[3], which requires ‘use by a person’ as a prior prerequisite. Despite this policy, trademark trolling has been reported in both the United States, India and many other countries. More than 600 applications to register marks related to COVID-19 have been lodged with the US Patent and Trademark Office[4]. The quantity of applications is increasing, with many of them appearing to be “opportunistic” trademark applications. One, for example, is attempting to register the trademark “COVID-19 VIRUS FREE GUARANTEED” for clothing and other consumer items. Another is attempting to register the trademark “COVIDFREE” for antibacterial products. Indian courts have recently recognised these flaws and ruled in favour of legitimate users in a number of situations. Hennes and Mauritz v. HM megabrands Pvt. Ltd[5] was a case where H&M had filed a trademark infringement lawsuit against HM Megabrands. The Delhi High Court issued an interim injunction in this matter, finding that the plaintiffs will suffer injury and substantial economic loss if the injunction was not granted. This decision stresses that trademark trolling will not be tolerated by the courts, and that international trademarks are protected equally in the country. Ways to tackle the Trademark troll menace Trademark applications should be filed as soon as possible, not just in the countries where one does business, produces, or supplies commodities, but in all countries where future expansion is probable. Transliterating one’s trademarks, including logos, into the local language. Improving the registration procedure, especially in areas where the first-to-file strategy is used. Companies should perform vigilant searches and set up watch systems to discover trolls early on. To prevent uncontrolled registrations, fees for filing trademark registrations should be revised on a regular basis, and suitable changes should be made as economic condition and time changes. Companies or entities can keep track of the use of their own trademark in troll-friendly nations by archiving invoices, contact with distributors, and commercial papers. Legislative changes in the realm of trademark law, as well as judicial backing, will aid in the fight against the problem. The courts have lately made it clear in their judgements that applications filed frivolously or with malice will not be considered. To identify prospective trolls early on, set up watch services or do trademark searches. Updating the search and examining local media for references to the trademark on a regular basis will assist trademark owners in staying on top of local changes. Trademark trolling is a threat to growth and expansion of legitimate trademark users. The adoption of the First to Use policy is preferable to the First to File approach in terms of preventing trademark trolling.. In todays globalised economic world growth of business is the utmost priority and trademark trolling being a hindrance to growth must be mitigated by countries using first to file policy by adopting First to use policy. It must be noted that First to use policy is also not fully shielded as evident from the fact that common law jurisdictions such as India and USA too faces many cases of trademark trolling ,there are some loopholes on which the Govt. and the trademark holders should work to prevent them from being a victim of this menace.