Protecting your brand is one of the most critical steps you can take in securing your business identity. In Lesotho, the law provides a formal process through which individuals and companies can register their trademark, a unique sign, logo, phrase, or design that sets their goods or services apart from others in the market. Registering a trademark in Lesotho ensures exclusive rights, legal protection, and the ability to enforce ownership against infringement.
This guide outlines the trademark registration process in Lesotho, the legal requirements, and why every business operating in the Kingdom should prioritise protecting its intellectual property.
What Is a Trademark in Lesotho?
A trademark is legally defined as any visible sign capable of distinguishing the goods or services of one business from those of another. This can include names, logos, symbols, shapes, packaging styles, or a combination of these elements. It acts as a “badge of origin,” letting customers know the source of the goods or services they are purchasing.
Trademark protection in Lesotho is governed by the Industrial Property Order No. 5 of 1989, along with its associated regulations. These laws form the backbone of Lesotho’s intellectual property regime.
Legal Requirements for Trademark Registration in Lesotho
Under Section 25 of the Industrial Property Order, a trademark application must meet several essential criteria before it can be accepted for registration:
- Distinctiveness: The mark must be unique and capable of identifying your goods or services from others. Generic or overly descriptive terms will likely be rejected.
- Not Contrary to Public Order or Morality: Marks that are offensive, blasphemous, or violate cultural and social norms may be denied registration. The registrar considers the visual appearance, meaning, and pronunciation of the mark, as well as prevailing community standards.
- Non-Deceptiveness: Trademarks must not mislead the public regarding the nature, origin, or quality of goods or services. For example, a mark suggesting a product is “organic” when it is not will be rejected.
- No Unauthorized Use of National or International Symbols: You cannot register a mark that includes state emblems, flags, official hallmarks, or abbreviations of intergovernmental organisations without official consent.
- No Conflict With Existing Marks: A mark must not be identical or confusingly similar to an existing trademark registered in Lesotho. This includes marks that are well-known even if they relate to different classes of goods, especially if the use would imply a misleading association.
- No Use of Well-Known Foreign Marks Without Permission: A mark cannot be registered if it mimics a foreign brand that is already recognised in Lesotho, even if that mark is registered for unrelated products.
Trademark Registration Process in Lesotho
If your mark satisfies all the legal requirements, the following steps apply to register a trademark in Lesotho:
- Filing the Application: Submit your application with the Intellectual Property Registrar’s office, including a clear representation of the mark and the list of goods/services it will cover.
- Formal Examination: The registrar reviews the application to ensure it complies with the procedural and legal requirements.
- Publication: If the application is accepted, the mark is published in the official journal, allowing third parties an opportunity to oppose the registration within a specified time.
- Opposition Period: If no objection is raised during the opposition window, the registration proceeds.
- Issuance of Certificate: Upon successful completion of the process, the applicant receives a certificate of registration, granting exclusive rights to the trademark.
Why Register a Trademark in Lesotho?
Registering a trademark is a strategic business decision that offers significant legal and commercial advantages. These include:
- Exclusive Rights: Only the registered owner can legally use the trademark for the specified goods or services.
- Legal Enforcement: You can prevent competitors from using identical or confusingly similar marks.
- Brand Licensing and Commercialisation: A registered mark can be sold, franchised, or licensed, creating new revenue streams.
- Deterrence Against Infringement: Registration acts as a public notice of your rights and discourages misuse.
- Asset Value: Your trademark becomes a valuable business asset, increasing your company’s overall valuation and credibility in the market.
Protect Your Brand with Legal Certainty
In a growing commercial landscape like Lesotho’s, where competition is rising and brands play a crucial role in customer trust, trademark registration is not optional, it is essential. Whether you are a local entrepreneur, international investor, or established company expanding into Lesotho, protecting your intellectual property ensures long-term brand security and market advantage.
At Mayet & Associates Attorneys, we specialise in trademark registration, IP enforcement, and legal advisory services for clients in Lesotho and across the region. Our team handles everything from initial clearance searches to registration, renewals, and litigation support.
📩 Contact us today to secure your brand and safeguard your rights under Lesotho’s IP law.