HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Lesotho

HOW TO REGISTER A TRADE MARK


For more information on ARIPO Trade Mark Registrations click here


1.     The requirements for filing applications in Lesotho are as follows: 

  1. Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
  2. List of goods and/or services.
  3. A simply signed power of attorney - No legalisation and/ or notarisation is required.
  4. If priority is claimed: a certified copy of home application/ registration together with sworn translation thereof if not in English. 
  5. Representation of the mark, preferably in electronic format if it is a device/ logo/ stylised mark.

2.   Classification

  1. The 45 classes of the International Classification (Nice Agreement) are followed.
  2. Multi-Class. Several classes may be covered in a single application.

3.   General

  1. Duration: 10 years from filing date and renewable for further periods of 10 years.
  2. Use: Non-use by owner or licensee for a continuous period of 3 years from registration, may render a mark vulnerable to expungement upon request by a third party.
  3. Marking: Optional.
  4. Licenses: Permitted.
  5. Collective marks: Registrable.
  6. Assignments: Permitted.


HOW TO REGISTER A PATENT OR DESIGN



In our experience, it is better to file an ARIPO regional application designating at least Lesotho rather than a national application directly in Lesotho. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Lesotho Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Lesotho is about the same as the cost of filing a national application directly in Lesotho. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.

For more information on ARIPO Patent Registrations click here.

For more information on ARIPO Design Registrations click here.

LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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