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.