Trademark and IP Lawyer in Faridabad — Registration, Objections, Opposition, Infringement and Passing Off
Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice
This page covers the registration process and timelines, the IP rights a manufacturer can hold, infringement and passing-off suits in Faridabad, criminal remedies against counterfeits, and what to bring.
Trademark lawyer in Faridabad — what can be protected?
A trademark is a mark, such as a word, logo, label, shape or colour combination, that distinguishes one business's goods or services from others' and can be represented graphically. Infringement is the use, without consent, of a mark identical or deceptively similar to a registered mark for goods or services it covers, under Section 29. Passing off is a common-law action that protects the goodwill of a mark, registered or not, against misrepresentation.
| Right | Law | Term | Typical Faridabad use |
|---|---|---|---|
| Trademark | Trade Marks Act, 1999 | 10 years, renewable indefinitely | Brand of auto parts, machinery, FMCG, services |
| Copyright | Copyright Act, 1957 | Author's life plus 60 years | Catalogues, packaging artwork, software, drawings |
| Industrial design | Designs Act, 2000 | 10 years, extendable by 5 | Shape of a product, fitting or container |
| Patent | Patents Act, 1970 | 20 years | New and inventive processes or machines |
How does trademark registration work, step by step?
- Search the register for identical and similar marks in the relevant class.
- File the application (TM-A) online. The government fee per class is ₹4,500 for individuals, startups and small enterprises, and ₹9,000 for others.
- Examination report: reply within one month to objections under Sections 9 and 11, with evidence of use.
- Hearing if the objection is maintained.
- Advertisement in the Trade Marks Journal, after which anyone may oppose within four months under Section 21.
- Registration, valid for 10 years from the application date, then renewal.
The ™ symbol can be used from filing; ® only after registration. Falsely representing a mark as registered is an offence under Section 107.
Where can a Faridabad business sue an infringer?
Under Section 134 of the Trade Marks Act and Section 62 of the Copyright Act, the owner can sue where it carries on business, so a Faridabad company can sue at Faridabad even if the infringer is in another state. IP disputes are commercial disputes, heard by the commercial court at the District Courts, Sector 12. A suit seeking urgent interim relief does not need pre-institution mediation, as held in Yamini Manohar v. T.K.D. Keerthi (2023). Reliefs include:
- An interim injunction, ex parte in urgent cases.
- A local commissioner to seize counterfeit stock.
- Damages or an account of profits, and delivery-up for destruction.
Selling goods with a falsely applied trademark is also an offence under Section 103, punishable with six months to three years. See the commercial disputes page for the forum map.
How to choose an advocate for this matter in Faridabad
- Enrolment: ask for the enrolment number and State Bar Council. Under Section 30 of the Advocates Act, 1961 an enrolled advocate may appear in any court in India.
- Forum presence: check appearances before the court concerned on the eCourts portal.
- Candour: a reliable advocate tells you the weak points of the file, not a promised result.
- Written terms, stage by stage; costs are explained in the lawyer fees guide.
Rule 36 of the Bar Council of India Rules forbids any advocate from claiming to be the "best", "top" or "No. 1" in Faridabad. Those words in a search are best answered by the tests above.
First consultation — what to bring
The mark and logo files, the date of first use with invoices and advertisements, any examination report or opposition, samples or photographs of the infringing product, and where and from whom it was bought.
Frequently asked questions
How long does trademark registration take?
Where there is no objection or opposition, registration is often completed in about a year. An examination objection or an opposition can extend it considerably.
What is the government fee for a trademark in India?
₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for others.
Can I use the ® symbol after applying for a trademark?
No. Use ™ after filing. The ® symbol may be used only after registration; falsely representing a mark as registered is an offence under Section 107 of the Trade Marks Act.
Can I sue a trademark infringer from another state in Faridabad?
Yes. Section 134 of the Trade Marks Act lets the owner sue where it carries on business, so a Faridabad business can file in the commercial court at Faridabad.
Related reading
Lawyer in Faridabad — chamber & court guide · Faridabad District Court · Punjab & Haryana High Court · Lawyer fees explained · Contact
Enquiries in Faridabad matters
Chamber 363, Lawyers Chamber Building, District Court, Sector 12, Faridabad, Haryana 121007. Meetings are fixed in advance by telephone or WhatsApp; phone and video consultations are available. Nothing on this page constitutes legal advice; every matter turns on its own facts.
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