African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
Egypt
Equatorial Guinea
Eritrea
eSwatini
Ethiopia
Gabon
Gambia
Ghana
Guinea
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Lesotho
Liberia
Libya
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Nigeria
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Sao Tome and Principe
Senegal
Seychelles
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South Africa
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Sudan
Tanzania
Togo
Tunisia
Uganda
Western Sahara
Zambia
Zanzibar
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
Lesotho
Forms part of
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.
Forms part of
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.
Forms part of
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.
9th edition