TRANSFORMATION OF INTERNATIONAL REGISTRATION INTO NATIONAL APPLICATION
—(1) The provisions of this rule shall apply where —
an international registration designating Singapore is cancelled at the request of the Office of Origin under Article 6(4) of the Madrid Protocol in respect of all or some of the goods or services listed in the registration;
an application (referred to in this Part as a transformation application) is made to the Registrar, within 3 months from the date on which the international registration was cancelled, for registration in Singapore of a trade mark identical to that comprised in the international registration in respect of all or some of the goods or services in respect of which the international registration was cancelled; and
the application is made by the person who was the holder of the international registration immediately before its cancellation.
(2) A transformation application shall be filed with the Registrar on Form MP 1.
[S 372/2004 wef 01/07/2004]
(3) A trade mark registered pursuant to a transformation application shall be treated as if it were registered —
on the date of the international registration in accordance with Article 3(4) of the Madrid Protocol; or
where the request for extension to Singapore was made subsequent to the international registration, on the date of recordal of that request in accordance with Article 3ter (2) of the Madrid Protocol,
and that date shall be deemed for the purposes of the Act to be the date of registration of the trade mark.
—(1) Where the protected international trade mark (Singapore) has become protected under rule 17 on or before the actual date on which the transformation application is made (referred to in this rule as the transformation date), the trade mark shall be registered under the Act.
(2) Where the international registration designating Singapore has not become protected under rule 17 by the transformation date and its particulars have been published under rule 12 —
(3) Where particulars of the international registration designating Singapore have not yet been published under rule 12 by the transformation date and the Registrar has issued a notification of refusal under rule 11(3), the Registrar shall for the purposes of the transformation application treat the notification of refusal as a notice issued by the Registrar to the applicant under section 12(3) of the Act.