Madrid Protocol transformation under Article 9quinquies lets you convert a cancelled international registration into a Singapore national trade mark application.

Transformation is the Madrid Protocol’s safeguard against central attack. It is found in Article 9quinquies of the Protocol.

Where an international registration is cancelled because the basic mark ceased to have effect (within the dependency period), the former holder may file a national or regional trade mark application in any designated Contracting Party where the IR had effect — turning the lost international protection into a local application.

For Singapore, transformation lets a holder who has lost their Madrid designation re-file the same mark as a Singapore national application, covering the cancelled goods and/or services.

Key points:

• Transformation is available only where the IR was cancelled due to ceasing of effect of the basic mark.
• It is not available where the IR was cancelled at the holder’s own request (voluntary cancellation).
• The transformed national application keeps the original international registration date and any priority date the IR enjoyed.

Source: Madrid Protocol Article 9quinquies; IPOS Work Manual (International Registrations / Subsequent Designations designating Singapore), para 21.