82 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 whichever is the earlier, or to object (on such use being proved) to the trade mark of that person being registered in respect of those goods or services. (2) Nothing in this Act entitles the proprietor of a trade mark entitled to protection of such trade mark under the Paris Convention as a well-known trade mark (a) to interfere with or restrain the use by any person of a trade mark (herein the “used trade mark”) which constitutes, or the essential parts of which constitute, a reproduction, imitation or translation of the well-known trade mark in relation to goods or services in respect of which that person or a predecessor in title has made continuous and bona fide use of the used trade mark from a date prior to the commencement of this Act or to the date on which the well-known trade mark became entitled, in Namibia, to protection under the Paris Convention, whichever date is the latter date; or (b) to object (on such use being proved) to the used trade mark of that person being registered in relation to those goods or services. Bona fide use of name or description 155. (1) The right to institute proceedings conferred by the registration of a trade mark do not extend to (a) any bona fide use by a person of his or her own name, or the name of any of his or her predecessors in business, or the name of his or her or their place of business; (b) the use by a person of any bona fide description or indication of the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of his or her goods or services, or the mode or time of production of the goods or the rendering of the services; (c) the bona fide use of the trade mark in relation to goods or services where such use is reasonable to indicate the intended purpose of such goods, including spare parts and accessories, and such services; (d) the bona fide use by any person of any utilitarian features embodied in a container, shape or colour which is registered as a trade mark; (e) the use of any identical or confusingly or deceptively similar trade mark which is also registered. (2) Subsection (1)(a) does not apply to the name of any juristic person which name was registered after the date of registration of the trade mark, and the use contemplated in subsection (1)(a) to (d) is consistent with fair practice. ARIPO trade marks 156. (1) Where an application for the registration of a trade mark in ARIPO is filed with the Office as the receiving office in terms of the Banjul Protocol,