grace of six months shall be allowed for the late payment of the renewal fee on payment of
the prescribed surcharge.
(5) An industrial design in respect of which Lesotho is a designated State, registered by
ARIPO by virtue of the ARIPO Protocol, shall have the same effect in Lesotho as an
industrial design registered under this Order unless the Registrar has communicated to
ARIPO, in respect of the application therefor, a decision, in accordance with the provisions of
the Protocol, that if a registration is made by ARIPO that registration shall have no effect in
Lesotho.
Invalidation
25.—(1) Any interested person may request the court to invalidate the registration of an
industrial design.
(2) The court shall invalidate the registration if,
(a) the person requesting the invalidation proves that,
(i) the industrial design is not an industrial design as defined in section 2;
(ii) any of the requirements of section 20 or the regulations pertaining thereto is not
fulfilled; or
(b) the registered owner of the industrial design is not the creator or his successor in
title.
(3) An invalidated registration of an industrial design shall be regarded as null and void
from the date of the grant of the certificate of registration of the industrial design.
(4) The final decision of the court shall be notified to the Registrar who shall record it
and publish it as soon as possible.
Part V
Marks, Collective Marks and Trade Names
Acquisition of the exclusive right to a mark, registrability
26.—(1) The exclusive right to a mark, as conferred by this Order, shall be acquired by
registration in accordance with this Order.
(2) A mark cannot be validly registered,
(a) if it is incapable of distinguishing the goods or services of one enterprise from those
of other enterprises;
(b) if it is contrary to public order or morality;
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 16/28