102 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 or services of the same or a similar kind as those in relation to which it indicates control and warranty, without the authorisation of the competent authority of Namibia or convention country, as the case may be; (d) a mark which consists of or contains the flag, the armorial bearings or any other emblem, or an imitation from a heraldic point of view, or the name, or the abbreviation of the name, of any international organisation of which one or more convention countries are members, without the authorisation of the organisation concerned, unless it appears to the Registrar that use of the flag, armorial bearings, other emblem or imitation or the name or abbreviation in the manner proposed, is not such as to suggest to the public that a connection exists between the organisation and the mark, or is not likely to mislead the public as to the existence of a connection between the organisation and the proprietor of the mark. (2) The provisions of subsection (1)(b), (c) and (d) apply - (a) to a state emblem and an official sign or hallmark of a convention country and an emblem, the name, or the abbreviation of the name, of an international organisation only if and to the extent that – (i) the convention country or international organisation, as the case may be, has notified Namibia in accordance with Article 6ter of the Paris Convention that it desires to protect that emblem, official sign or hallmark, name or abbreviation, as the case may be; (ii) such notification remains in force; and (iii) Namibia has not objected to it in accordance with Article 6ter of the Paris Convention or any such objection has been withdrawn; and (b) only in relation to applications for registration made more than two months after receipt of the notification referred to in paragraph (a)(i). (3) The provisions of subsection (1)(b) or (c) may not prevent the registration of a trade mark by a national of any country who is authorised to make use of a state emblem or official sign or hallmark of that country, despite the fact that it is similar to that of another country. PART 13 INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL Definitions 198. For the purposes of this Part – “basic application” means an application for the registration of a trade mark made in Namibia and which is used as a basis for an international application under the Madrid Protocol, and “basic registration” has a corresponding meaning;