Lesotho is a member of the Paris Convention, the ARIPO (Banjul Protocol), the Madrid Agreement and Protocol, and the WTO/TRIPS.

The Order provides for the registration of marks in respect of goods and services, and for collective marks.

Since Lesotho is a member of the Paris Convention, it is possible to claim priority on the basis of an earlier application in a convention country. Lesotho has also acceded to the Banjul Protocol of ARIPO, and to the Madrid Agreement and Madrid Protocol of WIPO. However, these treaties have not yet been implemented in the national trade mark laws of Lesotho, so that it is not clear whether valid trade mark protection can be obtained in Lesotho via an ARIPO application or a Madrid application designating Lesotho.

International classification of goods and services are applicable. Provision is made for multiple class filings.

Types of Trademarks registrable

Service marks are registrable. Multi class applications are acceptable. Provision is made for the registration of COLLECTIVE MARKS. No provision for the registration of DEFENSIVE or SERIES MARKS.

International and regional arrangements

Lesotho is a member of the Paris Convention and Madrid agreement.

Documents required for trademark registration

1. A Power of Attorney
2. Prints of the mark if not a word mark
3. Specification of goods
4. Full details of the applicant
5. Priority document (where required)

Renewals

Trademarks are valid for an initial period of 10 years counting from the date of filing and renewable every 10 years
A grace period of six months is allowed for late payment of renewal fees, subject to payment of penalty fees.

Documents required for renewals

Power of Attorney, simply signed.*

Documents required for assignments/mergers

1. Power of Attorney, simply signed.
2. Deed of Assignment, with verified English translation.

Documents required for change of name

1. Power of Attorney, simply signed.
2. Certificate of Change of Name, with verified English translation.

Documents required for change of address

Power of Attorney, simply signed.

Documents required for licenses/registered users

1. Powers of Attorney, simply signed, from proprietor and licensee.
2. License Agreement, with verified English translation.

Lesotho is a member of the Paris Convention, ARIPO (Harare Protocol), the PCT and the WTO/TRIPS.

Patent protection is available via a national filing or an ARIPO application designating Lesotho. Lesotho has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving valid patent protection to applicants seeking to obtain a patent via an ARIPO application.

The Industrial Property Amendment Act, 1997 amended the principal legislation by giving effect to PCT applications in Lesotho, but Regulations to implement the PCT provisions have not yet been promulgated. However, the existing legislation does contain a provision which states that any international treaties in respect of which Lesotho is a signatory shall apply in Lesotho and, in the event of a conflict between the national law and the international treaty, the provisions of the international treaty will apply. This means that international PCT applications, in which Lesotho is designated, may form the basis of national phase applications in Lesotho. Foreign applicants must be represented by an agent.

Filing requirements:

National Phase PCT Application

1. Power of Attorney (notarized) (can be late filed, no set deadline)
2. Specification, claims and abstract in English (required on the day of filing)
3. Formal drawings, if applicable (required on the day of filing)
4. International Patent Classification (can be late filed, no set deadline)
5. Assignment of Invention (can be late filed, no set deadline)
6. Copy of Published International Application (required on the day of filing)
7. Copy of International Search Report (can be late filed, no set deadline)
8. Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT)

1. Power of Attorney (notarized) (can be late filed, no set deadline)
2. Specification, claims and abstract in English (required on the day of filing)
3. Formal drawings, if applicable (required on the day of filing)
4. International Patent Classification (can be late filed, no set deadline)
5. Assignment of Invention (can be late filed, no set deadline)
6. Priority document with verified English translation (can be late filed within three months

Duration and Renewal

The term of a patent is fifteen years from the filing date. However, the term of the patent may be extended for a further period of five years provided that proof is furnished that the invention is being properly worked in Lesotho at the date of the request or that there are legitimate reasons for failing to work the invention. The term of an ARIPO patent designating Lesotho is twenty years. Renewal fees fall due annually commencing on the first anniversary of the filing date.

Lesotho is a member of the Paris Convention, ARIPO (Harare Protocol) and the WTO/TRIPS.

Design protection is available by way of a national filing or via an ARIPO application designating Lesotho. Lesotho has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving valid design protection to applicants seeking to obtain a design registration via ARIPO.

Filing Requirements

1. Power of Attorney
2. Drawings, photographs or other adequate graphic representations of the article embodying the industrial design
3. An indication of the kind of products for which the industrial design is to be used.
4. Certified copy of priority document, if priority claimed, with verified English translation
5. Assignment documents

Duration and Renewal

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for the late payment of the renewal fee.