122 Act No. 1, 2012 Government Gazette 23 March 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 certification trade marks, registered or deemed to be registered under the laws repealed by section 239. (2) Any proceedings done or commenced under the laws repealed by section 239 and in force or still pending immediately prior to the coming into force of this Act do, so far as it is not inconsistent with the provisions of this Act, continue to be in force and continue to be dealt with in terms of the repealed laws as if done under this Act. (3) Once such proceeding has been concluded, its outcome and effect will be as provided in this Act in respect of any similar proceedings. Repeals 239. The Patents, Designs, Trade Marks and Copyright Act, 1916 (Act No. 9 of 1916) and any amendments thereto insofar as they are applicable to Namibia, the Patents, Designs and Trade Marks Proclamation, 1923 (Proclamation No. 17 of 1923), the Patents, Trade Marks and Copyright Proclamation, 1940 (Proclamation No. 33 of 1940) and the Trade Marks in South West Africa Act, 1973 (Act No. 48 of 1973) are repealed. Transitional and savings provisions 240. (1) Despite the repeal of the laws referred to in section 239, patents granted and designs and trade marks including collective and certification trade marks, registered under the repealed laws remain in force but are, subject to subsections (2) and (3), deemed to have been granted and registered under this Act. (2) Patents thus granted and industrial designs thus registered remain in force for the unexpired portion of the period of protection provided for under the relevant repealed laws subject to the payment of the prescribed renewal fees, and may not be revoked or invalidated except upon any ground on which such patents or design registrations could have been revoked or invalidated in terms of the relevant repealed laws. (3) Trade marks, including collective and certification trade marks, registered under the repealed law relating to trade marks, will be due for renewal within the same period as under the repealed law or 10 years from the entry into force of this Act, whichever period first expires. (4) On renewal under subsection (3), the owner of the trade mark registration must classify the trade mark in accordance with the International Classification of Goods and Services or the prescribed classification of goods or services. (5) A trade mark registration as contemplated in subsections (3) and (4) may not be invalidated or removed except upon any ground on which such registration could have been invalidated in terms of the relevant repealed laws, except that such trade mark registration can be removed in terms of section 176 or 177, and a disclaimer or endorsement in respect of such trade mark registration may be required in terms of section 136.