No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 99 INDUSTRIAL PROPERTY ACT, 2012 is permitted in a manner which is likely to deceive trade circles or the public as to the origin or any other common characteristics of the goods or services concerned. (2) An application for the invalidation of a certification or a collective trade mark must be served on the owner of the trade mark in the manner and within the time prescribed. PART 11 TRADE NAMES AND ACTS OF UNFAIR COMPETITION Prohibited trade names 191. (1) A name or designation may not be used as a trade name if, by its nature or the use to which it may be put, it will be contrary to public order or morality or if it will be likely to deceive trade circles or the public as to the nature of the enterprise identified by that name. (2) Any use of a trade name that is likely to mislead the public must be regarded as unlawful. Protection of trade names 192. Despite any law providing for the registration of trade names, such names are protected by common law, even prior to or without registration, against any unlawful act committed by third parties. Transferability of trade names 193. (1) (a) assigned or transferred with the goodwill of the business in relation to which it is used; or (b) assigned or transferred in respect of some or all of the goods or services in respect to which it is used in the conduct of that business. A trade name may be – (2) Despite the provisions of subsection (1), any assignment or transfer of the rights to a trade name in circumstances which are likely to deceive or cause confusion, is invalid. Acts of unfair competition 194. (1) Any act of competition contrary to honest practices in industrial or commercial matters is unlawful. (2) Without derogating from what constitutes a restrictive business practice prohibited under Part I or Part II of Chapter 3 of the Competition Act, 2003 (Act No. 2 of 2003), for purpose of this Act the following acts are deemed to constitute acts of unlawful competition -