104
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
such period as may be prescribed, and the Registrar must, once a final decision has been
made, notify the International Bureau of that decision.
(4)
Where, in the circumstances contemplated in subsection (3), the holder
of the international application or international registration fails to take such steps within
the prescribed period, the application must be considered as having been abandoned.
(5)
Where an application is based on a designation of Namibia as
contemplated in subsection (1), the publication of the international registration in terms
of Article 3(4) of the Madrid Protocol is deemed to be a publication as contemplated in
section 150, except that the Registrar must also publish the designation in the bulletin as
contemplated in section 150.
(6)
Any person may, within the prescribed period after the publication
in terms of subsection (5) and in the prescribed manner, give notice to the Registrar
of opposition to the protection of the mark on the grounds that one or more of the
requirements referred to in section 131, 134, 137 or 138 are not complied with.
(7)
Upon receipt of the notice of opposition referred to in subsection (6),
the Registrar must as soon as is reasonably possible notify the International Bureau of
such opposition.
(8)
The subsequent procedure applicable to the application must be in
accordance with section 147(2) to (5) and references to the applicant must be construed
as references to the holder of the international registration.
(9)
Once a final decision has been made by the Registrar in an opposition as
contemplated in subsections (6), (7) and (8), the Registrar must notify the International
Bureau of that decision.
(10) No notification in accordance with subsection (2) or (7) may be sent to
the International Bureau after the expiry of a period of one year from the date on which
the International Bureau notified the Registrar of the designation concerned.
(11)
Where the Registrar finds that –
(a)
the requirements referred to in section 145(2) have been complied with;
and
(b)
no opposition has been entered in terms of subsection (6) or such
opposition, if any, has not been successful,
the Registrar must register the trade mark in the appropriate register and issue the
registered owner with a registration certificate, and must publish a reference to the trade
mark registration in the bulletin.
(12) Where a basic application for the registration of a mark filed with
the Office, or where a basic registration of a trade mark registered by the Office is to
be used as the basis for an international registration under the Madrid Protocol, the
Registrar must determine whether such basic application or registration complies with