Rights conferred by registration, duration, renewal
29.—(1) The use of a registered mark, in relation to any goods or services for which it
has been registered, by any person other than the registered owner shall require the agreement
of the latter.
(2) The registered owner of a mark shall, in addition to any other rights, remedies or
actions available to him, have the right to institute court proceedings against any person who
infringes the mark by using, without his agreement, the mark as aforesaid or who performs
acts which make it likely that infringement will occur. The right shall extend to the use of a
sign similar to the registered mark and to the use in relation to goods and services similar to
those for which the mark has been registered, where confusion may arise in the public.
(3) The rights conferred by registration of a mark shall not extend to acts in respect of
articles which have been put on the market in Lesotho by the registered owner or with his
consent.
(4) The registration of a mark shall be for a period of 10 years from the filing date of
the application for registration.
(5) The registration of a mark may, upon request, be renewed for consecutive periods
of 10 years, provided that the registered owner pays the prescribed renewal fee.
(6) A period of grace of six months shall be allowed for the late payment of the renewal
fee on payment of the prescribed surcharge.
Invalidation, removal on grounds of non-use
30.—(1) Any interested person may request the Registrar to invalidate the registration
of a mark.
(2) The Registrar shall invalidate the registration if the person requesting the
invalidation proves that,
(a) any of the requirements of a mark as defined in section 2; or
(b) any of the requirements of section 26(2) and of the regulations pertaining thereto,
is not fulfilled.
(3) Any invalidation of a registration of a mark shall be deemed to have been effective
as of the date of registration, and it shall be recorded and published as soon as possible.
(4) Any interested person may request the Registrar to remove a mark from the register,
in respect of any of the goods or services for which it is registered, on the grounds that up to
one month prior to filing the request the mark had, after its registration, not been used by the
registered owner or a licensee during a continuous period of three years or longer.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 19/28