International Registration Cancelled Pending Transformation of US Application
WIPO based Madrid Protocol Registration Cancelled Pending Transformation to Domestic U.S. Application
IR CANCELLED; APPLICATION PENDING TRANSFORMATION; international registration cancelled; international registration; wipo registration; madrid registration; madrid registration; madrid application; madrid protocol; transformation of madrid protocol application; transformation of international trademark; international trademark
If you received a notice that reads: International Registration Cancelled Pending Transformation, then you don't need to do anything unless this status is incorrect and you think that you need to correct a USPTO error.
Your WIPO-based application has been cancelled and is being transformed into a national application. The application should have an independent serial number that shows the national application as alive and going forward, while the international filing is canceled. This does not mean that it will register in due course. You may need to address other outstanding issues before the application matures into a registration.
This status means that you applied for a trademark through the World Intellectual Property Organization ("WIPO") using the Madrid Protocol. To file a U.S. application through the Madrid Protocol, you must have had a pending application or a registration in your home country, and that country must be a member of the Madrid Protocol.
The original international filing through Madrid Protocol that you filed has been cancelled because you have converted your U.S. extension of protection into a full U.S. application.
To learn more, see the notice you received from the USPTO. In addition, you can learn more at http://www.uspto.gov/trademarks/resources/exam/madridguide.jsp
I. Transformation to Application Under §1 or §44
If the IB cancels an international registration in whole or in part at the request of the Office of Origin under Article 6(4) of the Protocol due to cancellation of the basic application or registration, the holder of the registration may "transform" the extension of protection into an application under §1 or §44 of the Trademark Act for registration of the same mark for any or all of the cancelled goods and services that were covered by the extension of protection of the international registration to the United States. Section 70(c) of the Trademark Act, 15 U.S.C. §1141j; Article 9 of the Protocol.