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Trademark Process

Our trademark process is as follows:

Pre-application:

Before filing a trademark application the following is conducted:
1. Comprehensive Trademark Search - Witmart will conduct a FREE comprehensive trademark search to determine eligibility for registration. The result will be presented to the client next business day.
2. Select Service Package - Based on the comprehensive trademark search result, client will confirm the intention to proceed with trademark registration and select one of our service packages.


Prepare and Submit Trademark Application:

Witmart will draft an application for client to review called a filing plan. Upon approval of this filing plan, Witmart will file the application with the respective Intellectual Property Offices included in the application. Once the application is filed, clients with the Priority package can expect the application serial number in 3 business days, which means the trademark is protected. For Standard service, it takes 1 month to receive the application serial number.
Trademark application re-submission is included in all the service packages. Witmart will prepare all the new information required for re-submission within 10 business days after the re-submission notification from the trademark registration bureau.
If there are no objections to the registration, the trademark office will send a notice of publication. The EU Trademark Office will issue a registration immediately once the registration is approved. For the US and Canada, the following conditions must be met.
USA: If the trademark is not in use, make all appropriate payments and provide statement of use within 6 months of receiving the notice of allowance. If the trademark is already in use, the trademark registration will be issued immediately.
Canada: If the trademark is not in use, the applicant can submit a statement of use within 3 years from the application date. If it is already in use, the trademark registration will be issued immediately after Witmart have receives the registration certificate, Canada and EU applicants can expect the digital registration certificate in 3 business days. US applicants can expect the registration certificate 20 business days after Witmart receives it.


Application Review:

The length of government inspection varies by country.
USA:4 months
EU:1 month
Canada:6 months
There are 3 possible outcome from government inspection

• Application Granted: proceed to trademark publication;
• Require further information: client must supply the required information within the time allowed by country.
USA:6 months
EU:2 months
Canada:6 months
Trademark application re-submission is included in all the service packages. Witmart will prepared all the new information required for re-submission 10 businesses days after the re-submission notification from the trademark registration bureau.
• Application Denied: Before each trademark application submission, Witmart will evaluate possible cases and minimize the risk of application being rejected. Application rejection is very rare as long as the client follows the profession advice provided by Witmart trademark consultants. In the event of application rejection, Witmart will follow the same procedure as application re-submission.


Trademark Publication:

After the review, the trademark is ready for publication. The length of time for publication varies by country:
• USA:30 days
• EU:3 months
• Canada:2 months


Registration Approved:

If there are no objections to the registration, the trademark office will send a notice of publication. The EU Trademark Office will issue a registration immediately once the regisration is approved. For the US and Canada registration the following condition must be met.
USA:If the trademark is not in use, make all appropriate payments and provide statement of use within 6 months of receiving the notice of allowance. If the trademark is already in use, will receive the trademark registration immediately.
Canada:If the trademark is not in use, applicant can submit a statement of use within 3 years from the application date. Otherwise registration is issued.
After Witmart have received regisration certificate, Canada and EU applicants can expect the digital registration certificate in 3 business days. US applicants can expect the registartion certificate 20 business days after Witmart received it.


Information Regarding Registration Expiry Date and Extension

US:Expires in 10 years, apply for extension anytime between 5th and 6th year.
EU:expires in 10 years.
Canada:expires in 15 years.
China: expires in 10 years.