Okay.
You will probably want to consult with an abogado in Spain. You may also wish to visit the following government websites for more information on trademark law and how the laws in Spain compare to the trademark laws in the U.S.
Oficina Espanola de Patentes y Marcas (OEPM)
http://www.oepm.es
The U.S. Patent and Trademark Office
http://www.uspto.gov
In the U.S., trademark rights arise from the use of the mark in commerce. Registration of the mark is not required (although it provides some benefits). To qualify a mark for registration with the USPTO, the mark must be used on a product or service that crosses state or international borders, or caters to interstate or international consumers.
A mark will not be registered if it is
substantially similar to a mark already in use in the U.S. if having the two similar marks used in commerce is likely to cause consumer confusion. The consumer confusion is more likely to arise if the marks are not only similar but are used to identify similar goods or services (for instance, if both you and the other company sell tee shirts). Additional factors looked at when marks are similar are if the products or services being offered are offered in the same geographic region and are targeting the same type of consumer.
The phrase "No claim is made to the exclusive right to use 'Tee Company' apart from the mark as shown" I interpret as meaning both the words 'tee' and 'company' are generic words that cannot be protected from use by others. In other words, you can call your company a "tee company" without infringing on the rights held by "The Gold Tee Company." Using the word "Gold" for your company, if it is a teeshirt company, could potentially be found infringing on the rights of "The Gold Tee Company."
Again, I suggest you speak with an attorney in Spain first and review all of the facts with this attorney. Go over with the attorney your plans to market your product or service in the U.S. and the requirements for registering your mark in the U.S.
Good luck.
