International Registration Canceled - No Transformation Filed
WIPO-based application has been cancelled and because you did not request transformation to a national-level application, the application is abandoned
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If you received a notice that reads: 'IR CANCELLED - NO TRANSFORMATION FILED' then your trademark application has been canceled and is now abandoned.
Your WIPO-based application has been cancelled and has not been transformed into a national U.S. based trademark application or 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, and you failed to convert your U.S. extension of protection into a full U.S. registration.
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
1. Requirements for Transformation
The request for transformation must be filed within 3 months after the date on which the international registration was cancelled, in whole or in part. Article 9 (i); Section 70(c) of the Trademark Act. The request must be filed through TEAS, and include:
(1) The serial number or registration number of the extension of protection to the United States;
(2) The name and address of the holder of the international registration;
(3) The application filing fee required by 37 C.F.R. §2.6(a)(1) for at least one class of goods or services; and
(4) An e-mail address for receipt of correspondence from the USPTO.
37 C.F.R. §7.31(a).
The holder must file the request for transformation directly with the USPTO, and it will be examined as a regular application under U.S. law. The IB is not involved and should not be notified of the filing of the request for transformation.
Under §70(c) of the Trademark Act and Article 9 of the Protocol, transformation may take place only if the international registration is cancelled or restricted at the request of the Office of Origin under Article 6(4) of the Protocol, due to the cancellation of the basic application and/or registration . It is not available if the international registration expires for failure to renew, or is cancelled or restricted at the request of the holder, or cancelled or restricted for any other reason.