Provided that a mark shall not be removed if it is shown that special circumstances
prevented the use of the mark and that there was no intention not to use or to abandon the
same in respect of those goods or services.
Collective marks
31.—(1) Subject to subsections (2) and (3), the provisions of sections 26 to 30 relating
to marks shall apply to collective marks.
(2) An application for registration of a collective mark shall designate the mark as a
collective mark and shall be accompanied by a copy of the conditions governing the use of the
collective mark.
(3) The registered owner of a collective mark shall notify the Registrar of any changes
made in respect of the conditions referred to in subsection (2).
(4) In addition to the grounds provided in section 30(2), the Registrar shall invalidate
the registration of a collective mark if the person requesting the invalidation proves that only
the registered owner uses the mark, or that he uses or permits its use in contravention of the
conditions referred to in subsection (2) or that he uses or permits its use in a manner liable to
deceive trade circles or the public as to the origin or any other common characteristics of the
goods or services concerned.
Licensing of marks and collective marks
32.—(1) Any licence contract concerning the registration of a mark, or an application
therefor, shall provide for effective control by the licensor of the quality of the goods or
services of the licensee in connection with which the mark is used. If the licence contract
does not provide for such quality control or if such quality control is not effectively carried
out, the licence contract shall not be valid and the exclusive right referred to in section 29(1)
and (2) may not be exercised.
(2) The registration of a collective mark, or an application therefor, may not be the
subject of a licence contract.
Trade names
33.—(1) A name or designation may not be used as a trade name if by its nature or the
use to which it may be put it is contrary to public order or morality and if, in particular, it is
liable to deceive trade circles or the public as to the nature of the enterprise identified by that
name.
(2) Notwithstanding any laws or regulations providing for any obligation to register
trade names, such names shall be protected, even prior to or without registration, against any
unlawful act committed by third parties.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 20/28