Examination, opposition, registration of a mark
28.—(1) The Registrar shall examine whether the application complies with the
requirements of section 27(1) and the regulations pertaining thereto.
(2) The Registrar shall examine and determine whether the mark is a mark as defined in
section 2 and is registrable under section 26(2)(a) to (d) and the regulations pertaining thereto.
(3) Where the Registrar finds that the conditions referred to in subsections (1) and (2)
are fulfilled, he shall forthwith cause the application, as accepted, to be published in the
prescribed manner.
(4) Any interested person may, within the prescribed period and in the prescribed
manner, give notice to the Registrar of opposition to the registration of the mark on grounds
that one or more of the requirements of section 2, relating to the definition of a mark, and
section 26(2) and the regulations pertaining thereto are not fulfilled.
(5) The Registrar shall send forthwith a copy of such a notice to the applicant, and,
within the prescribed period and in the prescribed manner, the applicant shall send to the
Registrar a counter-statement of the grounds on which he relies for his application. If he does
not do so, he shall be deemed to have abandoned the application.
(6) If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof
to the person giving notice of opposition and, after hearing the parties, if either or both wish
to be heard, and considering the merits of the case, shall decide whether the mark should be
registered.
(7) After the application is published and until the registration of the mark, the
applicant has the same privileges and rights as he would have if the mark had been registered;
however, it shall be a valid defence to an action brought hereunder in respect of an act done
after the application was published, if the defendant establishes that the mark could not
validly have been registered at the time the act was done.
(8) Where the Registrar finds that the conditions referred to in subsections (1) and (2)
are fulfilled, and either,
(a) the registration of the mark has not been opposed within the prescribed time limit;
or
(b) the registration of the mark has been opposed and the opposition has been decided
in the applicant’s favour,
the Registrar shall register the mark, publish the fact of the registration and issue to the
applicant a certificate of registration. Otherwise, he shall reject the application.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 18/28