(1) If an application is filed with the German Patent and Trade Mark Office in accordance with Article 9quinquies of the Protocol Relating to the Madrid Agreement for transformation of a trade mark that has been cancelled in the International Register in accordance with Article 6 (4) of the Protocol Relating to the Madrid Agreement, and if the application is received by the German Patent and Trade Mark Office with the necessary indications within a period of three months after the date of the cancellation of the trade mark in the International Register, the date of the international registration of this mark in accordance with Article 3 (4) of the Protocol Relating to the Madrid Agreement or the date of the registration of the subsequent extension of protection in accordance with Article 3ter (2) of the Protocol Relating to the Madrid Agreement, where appropriate with the priority claimed for the international registration, shall be relevant for the purposes of establishing seniority within the meaning of section 6 (2).
(2) The person filing the application shall submit a certificate from the International Bureau of the World Intellectual Property Organization designating the trade mark and the goods or services for which the protection of the international registration extended to the Federal Republic of Germany prior to its cancellation in the International Register.
(3) The person filing the application shall furthermore submit a German translation of the list of goods or services for which the registration is requested.
(4) In other respects, the application for transformation shall be treated in the same way as an application to register a trade mark. If, however, on the date of the cancellation of the trade mark in the International Register the time limit in accordance with Article 5 (2a) of the Protocol Relating to the Madrid Agreement to refuse protection had already expired, and if no proceedings were pending on this day to refuse protection or for invalidation, the trade mark shall be directly entered in the Register in accordance with section 41 (1) with no prior examination. No opposition may be filed against the registration of a trade mark in accordance with sentence 2.