Transformation is not available for a voluntary cancellation or for cancellations after the five-year dependency period — it only remedies a central attack on the basic mark.

Transformation under Article 9quinquies is a remedy for central attack — cancellation caused by the ceasing of effect of the basic mark (refusal, cancellation, revocation, invalidation or restriction within the five-year dependency period).

Transformation is not available where the international registration was cancelled at the holder’s own request (a voluntary cancellation, such as the holder deciding to give up the mark). In that case, there is no basic-mark failure to remedy, and the Madrid safeguard does not apply.

Other situations where transformation does not help:

• The cancellation happened after the five-year dependency period — the IR is then independent, so there is no central attack to transform from (though you keep the independent registration).
• You want wider goods/services than the cancelled IR covered — transformation is limited to the same or narrower scope; anything extra needs a separate new application.

Source: Madrid Protocol Article 9quinquies; IPOS Work Manual, para 21.