Trademark Question

[Dai]

Advertisement Expert: David K. Staub - 8/9/2008 Hello there,

After reading through some of your other posts I need some clarifying on something. My husband and I have come up with a name for a business that we would like to start, and when I checked the USTPO website the name has already been taken. BUT, it says that the name has not been "transformed into a national applicant". Does this mean that if we are in different state than they are that we could still use the name? We have tons of ideas and the name is just perfect so if you could answer or give any help it would be greatly appreciated :) Thanks in advance.

[Roberto]

No, that phrase has a very specific meaning and does not mean that you can use the name.

There is a process for filing an international trademark registration under the Madrid Protocol. That international registration extends protection of the trademark to the United States without a normal trademark filing in the USPTO.

The Madrid Protocol provides for the transformation of a protected international trade mark into a national application under certain narrowly defined circumstances.

The reference you see in the USPTO database simply means that the application originated in the United States rather than being a transformation of an international trademark under the Madrid Protocol.