No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
105
INDUSTRIAL PROPERTY ACT, 2012
the requirements for an international application under the Madrid Protocol, and if the
Registrar is satisfied that it does, he or she must
(a)
certify the particulars appearing in the international application as
provided by the Madrid Protocol and the Common Regulations;
(b)
indicate the date of the international application in accordance with the
Madrid Protocol and the Common Regulations; and
(c)
transmit the international application to the International Bureau within
two months of the date referred to in paragraph (b).
Invalidation of a trade mark registered under the Madrid Protocol
201.
Where a trade mark registration registered in Namibia under the
Madrid Protocol has been invalidated in terms of section 179 or removed in terms
of section 176, the Registrar must as soon as possible notify the International Bureau
accordingly.
PART 14
GENERAL
Appeals
202. (1)
The Tribunal has jurisdiction in all cases of dispute relating to
the registration of a trade mark under this Chapter, and in all matters which under this
Chapter may be referred to the Tribunal.
(2)
Any decision taken by the Registrar under this Chapter, including in
regard to the registration of a trade mark or a certification trade mark or a collective
trade mark, or in regard to the rejection of an application for such a registration, may be
the subject of an appeal to the Tribunal by an interested party in the matter before the
Registrar, and such appeal must be filed and prosecuted as prescribed.
(3)
Any change or amendment or correction of any document forming part
of an application or a trade mark registration or the registration of a certification or
collective trade mark may, on application by an interested party to the Tribunal, be set
aside by the Tribunal if such change or amendment or correction does not comply with
the provisions of this Act.
CHAPTER 5
GENERAL PROVISIONS
PART 1
REGISTER AS EVIDENCE, FUNCTIONS AND POWERS OF REGISTRAR
Evidence of register and certain documents
203. (1)
The register is prima facie evidence of any matter directed or
authorised by this Act to be entered therein.