The short answer
Under the Industrial Property Order, 1989 (Order No. 5 of 1989, as amended by Act No. 4 of 1997) of Lesotho, a mark is registered for ten years from the filing date and can be renewed for consecutive periods of ten years. A six-month grace period is allowed for late payment of the renewal fee with a surcharge. Opposition is filed within the period prescribed by the Regulations, and a registered mark that has not been used for three years or longer can be removed on request unless special circumstances prevented use.
Trademark deadlines in Lesotho at a glance
These rules come from the Industrial Property Order, 1989 (Order No. 5 of 1989, as amended by Act No. 4 of 1997) of Lesotho, in the English text on WIPO Lex. Lesotho is also a member of ARIPO, so an ARIPO filing can designate it. The prescribed periods and fees are in the Regulations, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the filing date of the application for registration, renewable for consecutive periods of ten years (Section 29(4) and (5)). |
| Which date does the term count from? | The filing date of the application for registration (Section 29(4)). |
| When can I renew? | The registered owner requests renewal for consecutive periods of ten years and pays the prescribed renewal fee (Section 29(5) and (6)). |
| Is there a grace period? | Yes. A grace period of six months is allowed for the late payment of the renewal fee on payment of the prescribed surcharge (Section 29(5) and (6)). |
| Opposition period | Any interested person may, within the prescribed period and in the prescribed manner, give the Registrar notice of opposition on the grounds that the definition of a mark or the registrability requirements are not met. The applicant must send a counter-statement within the prescribed period, or is deemed to have abandoned the application, and the Registrar decides after hearing the parties. The Regulations set the periods, so we confirm them before we advise (Section 28(4) to (6)). |
| Reply to an office action | The Registrar examines the application and tells the applicant of any objection. The applicant can respond, request a hearing and appeal. |
| Priority claim | The application may claim the priority of an earlier application in a Paris Convention state. The Convention period is six months. |
| Non-use | Any interested person may request the Registrar to remove a mark from the Register for goods or services if, up to one month before the request, it had not been used by the owner or a licensee for a continuous period of three years or longer after registration. A mark is not removed if special circumstances prevented use and there was no intention to abandon it (Section 30(4)). |
| Assignment | A change in ownership must be in writing and recorded by the Registrar at the request of any interested party. It has no effect against third parties until it is recorded (Section 36). |
Who can register a trademark in Lesotho
Any person who uses or intends to use a mark can apply to the Registrar. The Act also provides for collective marks and for well-known marks.
Representation. Where the applicant's ordinary residence or principal place of business is outside Lesotho, the applicant must be represented by an agent, defined as a legal practitioner resident and practising in Lesotho (Sections 2 and 35).
Trademark registration process in Lesotho
Search
- Search the the Lesotho Intellectual Property Office (the Registrar) records for identical or similar marks in your classes.
File the application
- File with the the Lesotho Intellectual Property Office (the Registrar), through a registered agent in Lesotho.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the application is accepted and published, any interested person can oppose within the period set by the Regulations (Section 28(4) and (5)).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Lesotho Intellectual Property Office (the Registrar) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Lesotho trademark validity and renewal
- A registration lasts term from the filing date.
- Renew for consecutive periods of ten years on payment of the fee.
- A six months grace period applies with a surcharge.
- Use the mark to avoid removal after three years of non-use.
Diarise the expiry from the date stated in the Act and renew before it.
Assignment, licence and changes to a Lesotho trademark
Invalidation
Registrar
Any interested person can request invalidation if the registrability requirements are not met, effective from the date of registration.
Removal
Non-use
Removal after three years of non-use unless special circumstances applied.
Collective marks
Special rules
The Act extends its provisions to collective marks.
Renewal
10 years
Renew for consecutive ten-year periods.
Non-use and cancellation of a Lesotho trademark
The Registrar invalidates a registration where the requirements of the Act are not met, with effect from the date of registration. A mark can also be removed after three years of non-use (Section 30(4)).
Keep dated proof of use in Lesotho: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Lesotho
Search the Lesotho trade mark register for the filing, publication, registration and renewal dates.
Sources used
- Industrial Property Order, 1989 (Order No. 5 of 1989, as amended by Act No. 4 of 1997) of Lesotho, English text on WIPO Lex: Sections 2, 28, 29, 30, 35 and 36.
- The Registrar for the Regulations, fees and forms.
Lesotho trademark FAQ
How long does a trademark last in Lesotho, and from when?
Ten years from the filing date of the application for registration, renewable for consecutive periods of ten years (Section 29(4) and (5)). It counts from the filing date (Section 29).
When should I renew a Lesotho trademark, and is there a grace period?
The registered owner requests renewal for consecutive periods of ten years and pays the prescribed renewal fee (Section 29(5) and (6)).
What is the opposition period in Lesotho?
Any interested person may, within the prescribed period and in the prescribed manner, give the Registrar notice of opposition on the grounds that the definition of a mark or the registrability requirements are not met. The applicant must send a counter-statement within the prescribed period, or is deemed to have abandoned the application, and the Registrar decides after hearing the parties. The Regulations set the periods, so we confirm them before we advise (Section 28(4) to (6)).
How much does it cost to register a trademark in Lesotho?
The official fee is set by the the Lesotho Intellectual Property Office (the Registrar) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Lesotho?
Yes. A foreign company can register a mark in Lesotho, through a legal practitioner resident in Lesotho. We arrange this.
Can I assign a Lesotho trademark?
A change in ownership must be in writing and recorded by the Registrar at the request of any interested party. It has no effect against third parties until it is recorded (Section 36).
Can a Lesotho trademark be cancelled for non-use?
Any interested person may request the Registrar to remove a mark from the Register for goods or services if, up to one month before the request, it had not been used by the owner or a licensee for a continuous period of three years or longer after registration. A mark is not removed if special circumstances prevented use and there was no intention to abandon it (Section 30(4)).
How can I check the status of a Lesotho trademark?
Use the the Lesotho Intellectual Property Office (the Registrar) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The application may claim the priority of an earlier application in a Paris Convention state. The Convention period is six months.
How do I change the owner's name or address?
Record the change with the the Lesotho Intellectual Property Office (the Registrar) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Lesotho
SUPREMEiP® files trademarks worldwide through its network and checks every Lesotho deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
