No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 75 INDUSTRIAL PROPERTY ACT, 2012 (g) its use would be likely to cause confusion or would offend any class of person or would be contrary to law; (h) the applicant for registration has no bona fide claim to proprietorship or no bona fide intention of using it as a trade mark; or (i) the application for registration was mala fide. Prohibition of registration: third party rights 138. (1) (a) subject to subsection (2), it is identical with or confusingly similar to, or it or an essential element thereof constitutes a reproduction, imitation or a translation of, a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark and which is well known in Namibia, if the use of the mark is to be in relation to the identical or similar goods or services in respect of which the trade mark is well known, and such use of the mark is likely to cause deception or confusion; (b) it is identical with or confusingly similar to, or it or an essential element thereof constitutes a reproduction, imitation or translation of a trade mark which is well known and registered in Namibia for goods or services which are not identical or similar to those in respect of which registration is applied for, if the use of the mark would be likely to take unfair advantage of, or be detrimental to the distinctive character or the repute of the well-known mark or the interests of the owner of the wellknown trade mark are likely to be prejudiced by such use, despite the absence of deception or confusion; or (c) it is identical to a registered trade mark or to a trade mark in an application belonging to a different proprietor with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a trade mark as to be likely to deceive or cause confusion. A mark is not registrable and cannot validly be registered if – (2) Subsection (1)(a) does not apply in relation to any trade mark application or registration having a filing date or priority date prior to the date on which this Act comes into force or to the date on which the well-known trade mark becomes entitled, in Namibia, to protection under the Paris Convention, whichever date is the later date. PART 3 PROCEDURE FOR REGISTRATION Who may apply for registration 139. Any person who has a bona fide claim to proprietorship of the mark and bona fide uses or intends to use the mark as a trade mark may apply for the registration of the mark as a trade mark.