Disadvantages of Trademark Registration

Trademark registration has some drawbacks on account of repeated renewals, weakest protection among the other intellectual property protections.

Any symbol, logo, label, brand name, design can be registered as a trademark. Trademark is a valuable asset of the company which can influence the consumer’s decision. Protecting company’s goods or services can provide brand recognition, but it can also create certain foreseen and unforeseen disadvantages.

Key Disadvantages of The Indian Trademark Registration System:

  • Repeated renewals

Trademark registration is valid for a period of 10 years and needs to renew after every 10 years. The main disadvantage of trademark registration is that you have to pay fees in every 10 years in order to maintain it. Non-payment of renewal fees may cause the removal of the trademark from the register.

  • Weakest protection

In terms of providing the protection to the goods or services, trademark registration is the weakest intellectual property rights amongst patents, copyrights. Trademark does not protect the products always; it protects the just marketing concepts. Therefore, a trademark should go along with some other intellectual property rights being the weakest protection.

  • Descriptive trademark

There are many disadvantages of selecting a descriptive trademark. Generic and descriptive trademarks are not qualifying for registration with the registrar. Usually, descriptive trademarks are considered as weak marks because they do not acquire distinctiveness.  

  • Risky litigation

Having a registered trade mark does not entitle you to the related internet domain names. The degree to which similar (not identical) trademarks infringe upon your business is a matter for debate in civil action with related cost. Trademark registration is the prima facie evidence in case of dispute.

  • Marketing cost

If you registered a descriptive trademark, you must have a budget for marketing and advertisement as well in order to build an association in customer’s mind with the trademark to acquire the distinctiveness.

  • Additional fee

If renewal fee is not paid in the prescribed time, then proprietor shall lose the protection which comes along with the trademark registration. Then proprietor can apply for restoration of the mark. Such application must be accompanied by the trademark restoration fee in addition to trademark renewal fee.

  • Classes cannot be alter

The classes you mentioned in the application cannot be changed or added once it is filed with the registrar. But the amendment of application with the purpose of overcome the objection raised by the examiner cannot be counted as change in the application.

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