Trademark Question?

Question

I did my own trademark application quite a while back, and it has just been ofically accepted.

However, in the USPTO search, under the subheading "Transformed into a National Application", it shows NO.

What does this mean, and is it something that I need to follow up with? Thanks.

Answer 1

You should be just fine. Here's what the USPTO has to say:

"The holder of an international registration may use this form to request transformation of its extension of protection to the United States into an application for registration under Section 1 and/or Section 44 of the Trademark Act, if the international registration was cancelled (in whole or in part) by the International Bureau of the World Intellectual Property Organization under Article 6(4) of the Madrid Protocol, due to the cancellation of the basic application or registration. The request for transformation must be filed within three months of the date of cancellation of the international registration."

Basically, if you had an international registration (WIPO) that was cancelled, you may be able to transform that filing into your US filing. Of course, this depends on a number of factors & if this is the case for you, a trademark attorney should be consulted.

Hope that helps!