84 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (5) A mark in respect of which Namibia is a designated State, registered by ARIPO by virtue of the Banjul Protocol and in respect of which the provisions of subsection (4) have been complied with, has the same effect and enjoy the same protection in Namibia as a trade mark registered under this Act. PART 5 DURATION, RENEWAL AND ALTERATION OF REGISTERED TRADE MARK Duration of registration 157. The registration of a trade mark is valid for a period of 10 years from the date of the application for registration. Renewal of registration 158. (1) The registration of a trade mark may, on a written request by the registered owner prior to, or within the prescribed period of grace after, the expiration of a 10 year period, be renewed for consecutive periods of 10 years so long as the registered owner pays the prescribed renewal fee in respect of each such period. (2) A period of grace of six months is allowed for the late payment of the renewal fee on payment of the prescribed surcharge. (3) At the prescribed time before the expiration of a 10 year period, the Registrar must send a notice in the prescribed manner to the registered owner, at his or her address for service, of the expiration of the period and the date by which the renewal is to be requested and the prescribed renewal fee to be paid. (4) If the renewal is not requested and the prescribed renewal is not paid at the expiration of the period of grace provided for in subsection (2), the trade mark registration lapses and must be removed from the register, and the Registrar must, if he or she becomes aware of this position, remove the trade mark from the register. (5) Where a trade mark has been removed from the register for the nonpayment of the renewal fee, it may be restored to the register in the circumstances and by the procedure as contemplated in section 159. Restoration of registration 159. (1) Where a trade mark registration has lapsed owing to the nonpayment of any prescribed renewal fee within the prescribed period or the grace period referred to in section 158, the owner of the trade mark may in the prescribed manner and on payment of the prescribed fee, apply to the Registrar for the restoration of the trade mark registration. (2) If the Registrar is satisfied that the omission was unintentional and that no undue delay has occurred in the making of the application, he or she must publish the application for restoration in the bulletin in the prescribed manner, after which any person may within such period as prescribed, give notice in the prescribed manner of opposition to the restoration of the trade mark registration.