Trademarks in Lesotho

Competent Authority

• Name of Office: Registrar General's Office, Ministry of Law and Constitutional Affairs.
• Official Website: National administrative frameworks managed via the Ministry of Law portal structure.
• Working Language: English or Sesotho.
• System Type: National (with optional regional protection channels available via ARIPO's Banjul Protocol or international extensions via the Madrid Protocol).

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International registrations via the Madrid System can designate Lesotho.
• ARIPO: Member of the African Regional Intellectual Property Organization (ARIPO) and a contracting state to the Banjul Protocol on Marks.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants not domiciled or having a real industrial/commercial establishment in Lesotho must appoint an authorized local professional agent or legal representative.
• Power of Attorney (POA): Required for representation; standard administrative practice accepts a signed POA without strict notarization or legalization requirements.

Online Filing and Search

• Electronic Filing: Managed through national administrative channels and local agent submission interfaces, alongside WIPO-integrated routes (such as eMadrid) or regional ARIPO e-filing portals.
• Trademark Search: Conducted via official registry records or professional preliminary clearance searches handled by local representatives.

Protectable Trademark Types

• Word marks, figurative marks, and combined device marks.
• Note: Non-traditional marks such as scents, sounds, and holograms are restricted under traditional national practice frameworks. Applications must be submitted in English.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported under current administrative structures.

Examination

• Scope: The Registrar conducts formal examinations (document completeness, identity verification) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the national register).

Publication and Opposition

• Opposition System: Once approved by examiners, trademark applications are published in the Official Gazette of the Kingdom of Lesotho. Interested third parties may file a notice of opposition within 3 months from the publication date.

Timeframes

• Registration Timeline: Approximately 12 to 24 months for a straightforward, unopposed application process from initial submission to final certificate issuance, depending on registry backlogs.

Official Fees

• Official fee schedules are denominated in Lesotho Loti (LSL) / South African Rand (ZAR) via statutory regulations. (Exact quantitative fee amounts are omitted to prevent discrepancies arising from periodic government or regional tariff adjustments).

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year periods within the final 6 months prior to expiration, backed by a late renewal grace period subject to surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to removal or revocation actions if it has not been put to genuine commercial use for a continuous statutory period of 3 years.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the holder must be formally recorded with the Registrar General's Office to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via civil court infringement proceedings, interdicts, and damages actions. Protection extends to well-known marks and border/customs anti-counterfeiting enforcement measures.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.