No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
83
INDUSTRIAL PROPERTY ACT, 2012
the Registrar must, without delay, transmit the application to the office of ARIPO, after
which the application must be processed further in accordance with the provisions of the
Banjul Protocol, including that the Registrar must –
(a)
accord the application a filing date;
(b)
examine the application for registration in respect of the formal
requirements as prescribed by the Banjul Protocol;
(c)
if the application does not comply with the formal requirements, notify
the applicant and invite him or her to comply with the requirements
within the prescribed period, failing which the Registrar must refuse
the application; and
(d)
if the application complies with the formal requirements, notify each
designated State within the prescribed period.
(2)
Where, in an application for the registration of a trade mark in ARIPO,
the Office is notified that Namibia is a designated State in terms of the Banjul Protocol,
the Registrar must
(a)
examine the application for registration in accordance with the
provisions of this Act;
(b)
if the Registrar finds that the mark is not registrable as a trade mark in
terms of this Act, communicate to the office of ARIPO within 12 months
from the date on which the Office was notified of the designation, that
the registration of the mark will have no effect in Namibia;
(c)
if the Registrar finds that the mark is registrable as a trade mark in terms
of this Act, notify the office of ARIPO within 12 months from the date
on which the Office was notified of the designation, that the mark has
no effect in Namibia until such time as any possible opposition to the
registration in accordance with this Act has been resolved, and then the
provisions of subsections (3) and (4) apply.
(3)
The Registrar must, after notifying the office of ARIPO as contemplated
in subsection 2(c), as soon as is possible, publish the application in terms of section
146(6), after which the provisions of section 147 apply.
(4)
If the registration of the mark is not opposed under section 147, or
where the registration of the mark has been opposed but the Registrar has decided in the
applicant’s favour, the Registrar must –
(a)
notify the office of ARIPO that the mark has been found to be
registrable;
(b)
deal further with the application as provided for in section 148(1) and
section 150.