Introduction

Brand protection is a key aspect of a successful business. Patenting a brand is an important step that ensures its protection from unfair competition. But business owners are faced with the question: to patent a brand themselves or to seek expert advice? In this article, we will look at the advantages and disadvantages of both approaches to help you make the right choice.

Section 1: Self-registration of a trade mark: pros and cons

Registering a trade mark yourself may seem like an attractive option, especially for those looking to save money. However, this route has advantages and disadvantages that are worth weighing carefully before making a decision. In this section, we look at both the pros and cons of self-registration to help you understand whether this option is right for you.

Section 1.1: Advantages of self-registration

The main advantage of self-registration of a trade mark is, of course, saving money. Appealing to a patent attorney is associated with additional costs for his services. Patenting a brand yourself allows you to avoid these costs.

• Savings on the services of specialists: The cost of the services of a patent attorney may vary depending on the complexity of the case, but it is usually a substantial sum. Self-registration allows you to save these funds and direct them to other business needs. For example, registration of a trade mark in Ukraine through a patent attorney may cost from UAH 8,000 to UAH 15,000, while independent registration will cost approximately UAH 3,500, taking into account the state duty and other possible expenses. The difference is significant and can be crucial for businesses with a limited budget.
• In-depth understanding of the process: By going through all the steps of registration yourself, you will gain valuable experience and an in-depth understanding of the brand protection process. This can be useful in the future, for example, when expanding your business to other countries or registering new trade marks. You will know all the nuances of the procedure and will be able to deal with your trade mark on your own.
• Control over the process: By registering your trade mark yourself, you have full control over every stage of the process. You prepare the documents, submit the application and communicate with UKRNOIVI yourself. This gives you the opportunity to be aware of all the details and promptly respond to any queries or comments.

However, despite these advantages, it is important to bear in mind that self-registration requires considerable time expenditure, careful study of the legislation and careful attention to detail. It is necessary to weigh the pros and cons before making a final decision. This is especially true if your brand is a key asset of your business and any mistakes in the registration process can have serious consequences. 

Section 1.2: Disadvantages of self-registration

While self-registration of a trade mark may seem attractive from a cost-saving perspective, it has a number of significant disadvantages that can lead to serious problems. Insufficient knowledge of the law and the procedure for patenting a brand may result in refusal of registration and loss of time and money.

• Risk of mistakes: The process of registering a trade mark is quite complex and requires in-depth knowledge of intellectual property. A brand patent may be rejected due to seemingly minor errors in the application, incorrect classification of goods and services, or insufficient checking for similar trade marks. For example, an incorrectly chosen International Classification of Goods and Services (ICDS) class may result in your trade mark not being protected for the goods or services you plan to offer.
• Time costs: Self-registration requires significant time spent on studying the law, preparing documents and communicating with UKRNOIVI. This time could be spent on business development. For example, searching for similar trade marks can be time-consuming, especially if you are not familiar with UKRNOIVI databases and do not know how to search effectively.
• Lack of guarantees: Even if you prepare all the documents thoroughly, there is no guarantee of a successful registration. UKERNOIVI may reject your application for various reasons, in which case you will have to start the whole process all over again, losing time and money.
• Difficulty in appealing decisions: If UKERNOIVI rejects your application, it can be difficult and ineffective to appeal the decision yourself. Patent attorneys are experienced in resolving such issues and know how to properly argue their position.

Given these disadvantages, independent registration of a trade mark is advisable only if you have enough time, are ready to study the legislation and procedure, and are aware of the risks associated with this process. Otherwise, seeking specialist advice may be a more rational decision.

Section 2: Turning to specialists: pros and cons

Contacting patent attorneys to register a trade mark is an alternative to registering it yourself. While there are costs associated with this route, it also has a number of advantages that can prove crucial to successful brand protection. In this section, we look at both the pros and cons of going to the experts to help you weigh up the pros and cons.

Section 2.1: Advantages of turning to specialists

Applying to patent attorneys for TM registration has a number of advantages that often outweigh the additional costs of their services. A professional approach and knowledge of all the nuances of the law minimise risks and increase the chances of successful registration.

• A thorough check for similar trade marks: Patent attorneys have access to specialised databases and know how to conduct an effective search for similar trade marks. This avoids potential conflicts and refusal of registration. Specialists take into account not only identical but also confusingly similar designations, which is quite difficult to do on one’s own.
• Professional execution of the application: Patent attorneys know all the requirements for the execution of the application and can help avoid mistakes that may lead to refusal of registration. They will help to correctly classify goods and services, draw up a description of the trade mark and prepare all necessary documents.
• Representation of interests in UKRNOIV: Patent attorneys represent your interests in UKRNOIV and correspond with them. This frees you from the need to communicate with the state authority yourself and understand all the nuances of the procedure.
• Increased chances of successful registration: The experience and knowledge of patent attorneys significantly increase the chances of successful trade mark registration. They know how to avoid potential problems and how to respond to UKRNOIVI requests. Specialist help is particularly important in complex cases, such as appealing UKERNOIVI decisions.
• Saving time and effort: Applying to specialists saves you time and effort that you can spend on developing your business. You will not need to study legislation and registration procedure, prepare documents and communicate with UKRNOIVI.

Turning to patent attorneys is an investment in brand protection, which can pay off in the future. Professional assistance minimises risks and ensures that your intellectual property is well protected.

Section 2.2: Disadvantages of going to specialists

While there are many advantages to contacting patent attorneys to register a trade mark, some still hesitate, fearing certain disadvantages. However, on closer examination, these disadvantages turn out to be contingent rather than real.

• Additional costs: Yes, there are costs associated with the services of patent attorneys. However, these costs are an investment in protecting your brand and are often more than recouped, given the minimisation of the risks of refusal of registration and potential losses from an unprotected trademark. Moreover, the cost of specialist services is fairly predictable and transparent, allowing you to plan your budget. Compared to the potential losses from lawsuits or loss of reputation due to an unprotected brand, the cost of a patent attorney seems much lower.
• Lack of full control and dependence on the specialist: It is true that you delegate part of the control to the specialist. However, an experienced patent attorney always liaises with the client, keeps him informed about the process and takes into account his wishes. This is a partnership aimed at achieving a common goal – successful trade mark registration. Moreover, it frees you from routine work and allows you to concentrate on business development.
• Possibility of unscrupulousness: The risk of encountering an unscrupulous professional exists in any field. However, careful selection of a patent attorney based on references, reputation and experience will minimise this risk. Checking for licence and membership of professional associations will also help prevent trouble.

So, the disadvantages of using patent attorneys are minor compared to the advantages they offer. A professional approach, knowledge of the law and experience of specialists ensure reliable brand protection and peace of mind for the business owner.

Section 3: How to Choose a Patent Attorney?

If you have decided to entrust TM registration to professionals, it is important to choose a qualified and reliable patent attorney. The success of the entire process depends on it. In this section we look at the key criteria for selecting a patent attorney and the resources where you can find one.

Section 3.1: Selection Criteria

Choosing a patent attorney is a serious decision, because the success of your trade mark registration depends on it. Pay attention to the following criteria:

• Experience and specialisation: Choose someone with experience in intellectual property, especially in brand protection. Check how many years the patent attorney has been working in this field and how many successfully registered trade marks he or she has in his or her portfolio. Also check whether he or she specialises in your business sector. Experience in your industry will allow the patent attorney to better understand your brand and protect it more effectively.
• Reputation: Check the reputation of the patent attorney. Pay attention to reviews of his clients, articles and other publications in specialised publications. Ask for recommendations from acquaintances or colleagues who have already used the services of patent attorneys. This stage is important in order to avoid cooperation with inexperienced or unscrupulous specialists.
• Cost of services: Ask the patent attorney about the cost of his services and terms of cooperation. Clarify all possible costs, including fees for consultations, preparation of documents, filing, representation in UKRNOIVI and other services. Compare the prices of several specialists and choose the most favourable option. It is important to find a balance between price and quality of services. The cheapest option is not always the best.
• Communication: Pay attention to how the patent attorney communicates with you. It should be accessible, clear and responsible. Clarify the forms of communication, deadlines for responding to enquiries and ways of reporting. Effective communication is an important part of successful co-operation.
• Trust: The most important criterion for selection is trust. You must have faith in the professional qualities of the patent attorney, his/her ability to protect your brand and represent your interests in UKRNOIVI. If you feel distrust or are uncomfortable co-operating with a specialist, it is better to turn to another one.

Careful analysis of these criteria will help you make the right choice and find a patent attorney who will provide reliable brand protection and help you succeed in the markets of Ukraine and abroad.

Section 3.2: Where to find a patent attorney?

You can find a qualified patent attorney through a variety of resources:

• National Association of Patent Attorneys of Ukraine (NAPPU): NAPPU is a professional organisation uniting patent attorneys in Ukraine. On the NAPPU website you can find a list of its members, as well as information about their specialisation and experience. Link to the NAPPU website
• Ukrainian Institute of Industrial Property (Ukrpatent): The Ukrpatent website has a section dedicated to patent attorneys, where you can find a list of accredited specialists and information about their qualifications. Link to Ukrpatent website
• Online platforms: There are online platforms specialising in finding patent attorneys and other intellectual property professionals. On these platforms, you can find information about patent attorneys, compare their services and prices, and read client reviews. Link to an example of an online platform
• Recommendations: Ask your acquaintances, colleagues or business partners who have already used the services of patent attorneys. They may be able to recommend a reliable professional with whom they have had a positive experience.
• Search engines: You can use search engines such as Google to find patent attorneys in your area or who specialise in your business sector.

When choosing a patent attorney, it is not only important to find a professional with the appropriate qualifications, but also to make sure of their reputation and experience. Do not hesitate to ask questions, clarify details and verify information before deciding to co-operate.

Conclusion

Brand protection through trade mark registration is an important step for any business. The choice between self-registration and contacting specialists depends on your needs, budget and willingness to devote time to studying the law and procedure.

Self-registration allows you to save money, but is associated with the risk of errors and refusal of registration. Applying to patent attorneys guarantees a professional approach and minimises risks, but requires additional costs.

If you decide to go to the experts, choose your patent attorney carefully, paying attention to their experience, reputation, cost of services and your personal trust in them.

Regardless of your choice, it is important to remember that patenting a brand is an investment in the future of your business. A protected trade mark is a valuable asset that will enhance your company’s growth and competitiveness.

For more information on trade mark registration we recommend to read the articles:

• How to patent a brand in Ukraine: expert advice
• How to register a trade mark: step-by-step guide

These articles will help you better understand the registration process and make the right choice to protect your brand.