(c) if it is likely to mislead the public or trade circles, in particular as regards the
geographical origin of the goods or services concerned or their nature or characteristics;
(d) if it is identical with, or is an imitation of, or contains as an element, an armorial
bearing, flag and other emblem, a name or abbreviation or initial of the name of, or official
sign or hallmark adopted by, a State, intergovernmental organization created by an
international convention, unless authorized by the competent authority of that State or
organization;
(e) if it is identical with, or confusingly similar to, or constitutes a translation of, a mark
or trade name which is well known in Lesotho for identical or similar goods or services of
another enterprise;
(f) if it is identical with a mark belonging to a different proprietor and already on the
register, or with an earlier filing or priority date, in respect of the same goods or services, or
closely related goods or services, or if it so nearly resembles such a mark as to be likely to
deceive or cause confusion.
(g) if it is identical with, or confusingly similar to, or constitutes a translation of, a
mark which is registered and well-known in Lesotho for goods or services which are not
similar to those in respect of which the mark is registered, provided that use of the mark in
relation to those goods or services would indicate a connection between those goods or
services and the owner of the registered mark and provided that the interests of the owner of
the registered mark are likely to be damaged by such use.
Application for registration
27.—(1) The application for registration of a mark shall be filed with the Registrar and
shall contain a request, a reproduction of the mark and a list of the goods or services for which
registration of the mark is requested, listed under the applicable class or classes of the
International Classification. It shall be accompanied by the payment of the prescribed
application fee.
(2) The application may contain a declaration claiming the priority, as provided for in
the Paris Convention, of an earlier national or regional application filed by the applicant or his
predecessor in title, in which case, the Registrar may require that the applicant furnish, within
the prescribed time limit, a copy of the earlier application, certified as correct by the office
with which it was filed.
(3) The effect of the said declaration shall be as provided in the Paris Convention; if
the Registrar finds that the requirements under this section and the regulations pertaining
thereto have not been fulfilled, the said declaration shall be considered not to have been made.
(4) The applicant may withdraw the application at any time during its pendency.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 17/28