Lesotho

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

9th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Lesotho is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Although Lesotho is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Lesotho are enforceable in Lesotho.

Classification

Lesotho follows a multi-class filing system and recognises both goods and services classes in terms of the 9th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Lesotho.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Patent Cooperation Treaty (PCT)
Lusaka Agreement
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)
The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents

Types of Patents

Patents of Invention
ARIPO Designations

Novelty Requirements

Relative novelty applies. Not disclosed to the public anywhere in the world, by publication in tangible form, or in Lesotho, by description or by use or in any other way, before the priority date.

Grace Period/Prior knowledge

6-month grace period for disclosures by the applicant or for unauthorised disclosures by a third party.

Examination procedure

Formal and substantive examination.

Duration & Maintenance

15 years from the date of filing the application, extendable for 5 years to a maximum term of 20 years.

Working Requirement

The sufficient working of an invention in Lesotho or, alternatively, the existence of legitimate reasons justifying non-working is a condition for the extension of the duration of a patent at the end of the initial fifteen-year term.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Lusaka Agreement
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)
The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents

Types of Designs

Utility Models
Industrial Designs
Classification
No classification

Novelty Requirements

Relative novelty applies. Not disclosed to the public anywhere in the world, by publication in tangible form, or in Lesotho, by description or by use or in any other way, before the priority date.

Grace Period/Prior knowledge

6-month grace period

Examination procedure

Only formal examination

Duration & Maintenance

The duration of a utility model certificate is seven years from the date of filing the application, subject to payment of annual renewal fees.

The duration of an industrial design is 5 years from the date of filing the application, twice renewable for additional 5-year periods, for a total duration of 15 years.

Working requirement

No use requirement.