No. 4907 Act No. 1, 2012 (c) Government Gazette 23 March 2012 117 INDUSTRIAL PROPERTY ACT, 2012 any marking is applied in any manner expressing or implying that the article is patented or the subject of a design registration, he or she is deemed for the purposes of this section to represent that the article is a patented article or is subject to a design registration. (3) Any person who makes a representation – (a) with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; (b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; (c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not registered; or (d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered in the register, the registration does not give that right, commits an offence and on conviction is liable to a fine not exceeding N$ 5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and imprisonment. (4) For the purposes of subsection (3), the use in Namibia in relation to a trade mark of the word ‘registered’ or of any abbreviation thereof or of any other word or letter which might reasonably be construed as referring to registration, including the symbol R, is deemed to import a reference to registration in the register except where the word, abbreviation, letter or symbol is used in relation to a mark registered as a trade mark under the laws of a country outside Namibia and in relation to goods to be exported to that country. (5) The provisions of this section do not apply to a person who disposes of articles in good faith in the ordinary course of trade and, when called upon to do so, discloses the identity of the person from whom he or she acquired the article in question. (6) Any person who is of the opinion that he or she is prejudiced by a representation referred to in subsection (1) or (3) may apply to the Tribunal for an interdict against the continuation of that representation. Improper use of words “industrial property office” 232. Any person who uses on his or her place of business or on any document issued by him or her or otherwise the words “industrial property office”, “patent office”, “design office” or “trade mark office” or any other words suggesting that his or her place of business is, or is officially connected with, the Office, commits an offence and on conviction is liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and imprisonment.