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LESOTHO Government Gazette EXTRAORDINARY Vol. XXXIV Monday - 5th June, 1989 CONTENTS No. LEGAL NOTICE 85 Industrial Property Regulations, 1989 ...... 291 Published by the 1-uthority of His Majesty The King on the advlce of the Military Council Price: M2.90

LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

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Page 1: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

LESOTHO

Government Gazette EXTRAORDINARY

Vol XXXIV Monday - 5th June 1989

CONTENTS No

LEGAL NOTICE

85 Industrial Property Regulations 1989 291

Published by the 1-uthority ofHis Majesty The King on the advlce of the Military Council

Price M290

291

LEGAL NOTICllt NO Bf) OF 1~89

fncllstrit Propy Re~lilut(lIs lY80

ARRANGEMENT OF REGULATIONS

Part 1 - PreLimano71I

REGULAnON shy

1 Citation and Omnmencement

2 Fees 3 Fo1InS 4 Language of Documents and Translations 5 Indication of Name Address Nationality and Residence 6 Signature by Pamnerships Companioo and Amocriabioni

7 Representation by Agent

Part II - Patenta

8 Classification of Patents 9 Request for Grant of Patent

10 Description 11 Claims 12 Drawings 13 Abstrao It Measures Terrninology and Signs 15 Number of Copies and Physical RequiremerutlO

16 Unri ty en Invention 17 Division en Application 18 Disclosures to beuro Disregarded for Prior Art Purposes

19 DeclaraUon CYi Priority and Translation of Earlier Applioation

ZO Time for Furni~hing Informaltion Ooncerning Correspomishying Foreign Applications Patents and other Titles of Pratection

21 Withdrawal of Applicanion 22 Marking Appiic3Jtion 23 Acoording and Notifying Piling Date 24 Examination as to Form 25 Examinabion as to Substance and Decision to Grant or

Refuse to Grant Patent 26 Examination as to Novelty and Invemive Step 27 Grant of Patent Publication Thereof Issuance of

Cootifioa te

292

213 Explaitati()n of Patented Invention by ~Trnnent err by ThLrd Persons Authori~ by Goverrrrnerrt

29 Extension of Duration of Patent 30 Annual Fees 31 Non-Voluntary Licences 32 Invalidation

Part III - UtiLity ModeL Certiticate$

~ Provisions Relating tQ Patents to Apply to Utility Model Certificates

Pari IV - IndU3trial Designs

34 Provisions Relating to Patents to Apply to Industriltll Designs

35 ApplJicartion for RegistTation of an lndustrial Design 36 Number and size of Representations and Specimen 37 According and Notirfying Fi1ing Date Examination Decishy

sion to Grant or Reject AppLication 38 Registration of Industrial Design Publication Thereof

llSiSuance of CMtiflicate 39 Renewal CY RegistI1a11ion

Part V - Marla

41) ClassiiicatLon of Marks 41 Apphcation for Registration of a Mark 42 Reproduction of the Mark 43 Transliteration 1d Translation oJ the Ma~ 44 Declaration ryf Prio1iJty and Trarslation of ~liea

Application 45 Copy of Earlier Application 46 Withdrawal orf Application 47 Marking App1iCltltion and Filing Date 48 Objedhon to or Conditional Acceptance (J AppUcatlclll

Hearing 49 Refusal ryf AppLication or Conditional Acceptance to

which Applicant Objects

50 Acceptance of Application Publication Supply of PrinrtJing Block

51 OppOSition 52 Registration of Mark Pub1licartion Thereof- Issuance C1f

Certificate ~ Renewal of Registration ~- Collective MarlQi

293

55 Invahdation Removal on the Ground of Non-Uge

Part VI - GeneraL

56 Changes in Ovvnership Licence Contract3 57 Appointment af Agent Address for Service 58 Excluded Days 59 (JonsultatiDn of Registers Request for Extracts

Therefrom and for Copies af Docurn~mts 61) (Jorrection of Errors 01 Hearing

SCHEDULES

First Schedule FEe Seoond SdleduLe Fonus Third Sch cdule International Olassification (List of Clas~

of Good and Ssrvices)

Cittalt7iCJIl aDd ooamnencampshywent

Fees First SChedule

Forms Second Schedule

Language at document and tranala tions

Indication of nar1e5 adshyd- i ~~bullbull

ality and reshy-~ lce

Signature by partnerShips companies and 8ssociashyttaos

LEGAL NOTICE NO 85 OF 1989

Industrial Property Regulations 1989

In exercise of the powers conferred on me by sedtion 45 of the Industrial Property Orner 1989 I

Makalo Bennett Khaketla

Minister responsible for Law Constitutional and Parliamentary Affairs make the following regulations

PART I _ PRELIMINARY

1 These regulatlions may be cited as the Industnial property Regulations 1989 and shall rome into operation on a date txgt be appointed by the Minister by notIice in the Ga2Jette

2 There shall be payable in respect of the matters specifi ~ied in oolumn 1 ltJf the First Schedulpound the fees respectively spedmiddot fielt in column 2 of the First ScheduLe

3 (1) The forms set out in the SecOlUi ScheduLe shan be apshyplied for the matters set out in the Second Schedule

(2) Copies otE the printed forms shall be furnished by the Registrar on payment of the prescribed fe(

4 Applications under the Order and these regu1atJions shall be in the English language and any document forming part of an application or submitted to the Registrar pursuant to the Oroer or to these regulations which ils in a language other than Eng1ish shall be accompanied by a certified English transLa ti on

5 (1) Names of natural persons shall be indicarted by the persuns family n10 _d given name the far-dly name celn~ ~ bull ___ c~l i)efore J~e =- bull name _S __ __ ~ _ __~~ ~L_2

be indicated by theurolir full official designations (2) Addresses shall be indicated in such a way as to satisfy

the customary requirements fm prompt Igtostal delivery at the indicated address and in any case shall ~~msist of all the releshyvant adminiscraJtive units including the house number if any addresses shall 31S() indicate telegraphic and telex addresses if any and telephone numbers

(3) Nationalitv shall be indicated bv the name of the State at which a person is a national legal elitities shall indicate the name of the State under whose laws they are constituted and their registered office

(4) Residence shall be indicated by the name of the State m which a person is a resident

6 (1) A document purporting to be signed for or on behali of a partnership shall contain the names of all the partners in full and shall be signed by all the partners ar by any partner q~alified to sign stating that he signs on behalf of the partnershyS-hlP or by any other person who satisfies the Registrar that he is 2uthorj~d to sign the document

295 ---- --- shy

(2) A documem PUI1pOrting no be signelti f ()l m 00 behalf ex a body ~rate shall be signed by a directxJr or by the secretary or ather principal ~r of the body corporate or by any other person Who satisfie5 t1he Registrar that he is authortised no sign the document and Shatl bear the seaJ of the body cxmporate

(3) A document purporting txgt be silgned for or on behalf of 8Itl assooiation ro persons may be signed by any person who satisshyrues the Registrar that he is duly aunhorise(L

(4) The Regiswar may whenever he deems it necessary ~shyquest eV1idence ofauthomation to sign

7 The power of alttorney appointirng an agent may be filed together with file appllication or wi11hin two months from its filing dJate if the appointment is not thUIS made and is not made in resshypect of an agent as dedlined in sectJiJan 2 and in accltm1ance Wiibh regulation 57 plOCedural IstepS taken by tlhe agent o1lher than the 11iling CJf the application shall be doomed not to have been taken

PART II - PATENTS

APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS

8 The Registrar shall apply the International Patent Cuassishytioation as adopted under t1he Stllasbourg Agreement orf March 24 1971 and updated in its ISUibsequenteditions for all purposes ~shy~ating to the grant and pubhcabion of patents as well as for the maintenance of classtfiied ltsearch files

9 (1) The request 101 the grant middotof a patent shaH be made on Form No 1 as set out in the Seccmd ScheduLe and shaJl he signet by each applicant

(2) The request shall indicate the applic~mts name adshydress nationaHty and residence

(3) Where the applicant is the inventor the request shall contain a statement to that effect and where he is not it shal1 indicate the inventors name and address and be accompanied by the statement justifying the apptlicants right to the patent

(4) lf the applicant il3 represented by an agent the request sba11so indicate and state the agents name and address

(5) The title of the invention s1 be short preferably not emeeding seVOO words

10 (1) I1he descriptloo shall fIiTst sta1e the title of the inshy~tion as appeaJring in the request and shall

(a) specify the toolmical field to which the invention re1ates (b) indicate the background art which as far as is known

to the appllicant can be regarded as useful for the undershystanding searching and examiIliCiition orf the invention and preferably ci te the dOCUIDents reflecting such art

Cla$jfloashybon of pashytents

Request ror grant ex pashytent Seltond Schedule

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 2: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

291

LEGAL NOTICllt NO Bf) OF 1~89

fncllstrit Propy Re~lilut(lIs lY80

ARRANGEMENT OF REGULATIONS

Part 1 - PreLimano71I

REGULAnON shy

1 Citation and Omnmencement

2 Fees 3 Fo1InS 4 Language of Documents and Translations 5 Indication of Name Address Nationality and Residence 6 Signature by Pamnerships Companioo and Amocriabioni

7 Representation by Agent

Part II - Patenta

8 Classification of Patents 9 Request for Grant of Patent

10 Description 11 Claims 12 Drawings 13 Abstrao It Measures Terrninology and Signs 15 Number of Copies and Physical RequiremerutlO

16 Unri ty en Invention 17 Division en Application 18 Disclosures to beuro Disregarded for Prior Art Purposes

19 DeclaraUon CYi Priority and Translation of Earlier Applioation

ZO Time for Furni~hing Informaltion Ooncerning Correspomishying Foreign Applications Patents and other Titles of Pratection

21 Withdrawal of Applicanion 22 Marking Appiic3Jtion 23 Acoording and Notifying Piling Date 24 Examination as to Form 25 Examinabion as to Substance and Decision to Grant or

Refuse to Grant Patent 26 Examination as to Novelty and Invemive Step 27 Grant of Patent Publication Thereof Issuance of

Cootifioa te

292

213 Explaitati()n of Patented Invention by ~Trnnent err by ThLrd Persons Authori~ by Goverrrrnerrt

29 Extension of Duration of Patent 30 Annual Fees 31 Non-Voluntary Licences 32 Invalidation

Part III - UtiLity ModeL Certiticate$

~ Provisions Relating tQ Patents to Apply to Utility Model Certificates

Pari IV - IndU3trial Designs

34 Provisions Relating to Patents to Apply to Industriltll Designs

35 ApplJicartion for RegistTation of an lndustrial Design 36 Number and size of Representations and Specimen 37 According and Notirfying Fi1ing Date Examination Decishy

sion to Grant or Reject AppLication 38 Registration of Industrial Design Publication Thereof

llSiSuance of CMtiflicate 39 Renewal CY RegistI1a11ion

Part V - Marla

41) ClassiiicatLon of Marks 41 Apphcation for Registration of a Mark 42 Reproduction of the Mark 43 Transliteration 1d Translation oJ the Ma~ 44 Declaration ryf Prio1iJty and Trarslation of ~liea

Application 45 Copy of Earlier Application 46 Withdrawal orf Application 47 Marking App1iCltltion and Filing Date 48 Objedhon to or Conditional Acceptance (J AppUcatlclll

Hearing 49 Refusal ryf AppLication or Conditional Acceptance to

which Applicant Objects

50 Acceptance of Application Publication Supply of PrinrtJing Block

51 OppOSition 52 Registration of Mark Pub1licartion Thereof- Issuance C1f

Certificate ~ Renewal of Registration ~- Collective MarlQi

293

55 Invahdation Removal on the Ground of Non-Uge

Part VI - GeneraL

56 Changes in Ovvnership Licence Contract3 57 Appointment af Agent Address for Service 58 Excluded Days 59 (JonsultatiDn of Registers Request for Extracts

Therefrom and for Copies af Docurn~mts 61) (Jorrection of Errors 01 Hearing

SCHEDULES

First Schedule FEe Seoond SdleduLe Fonus Third Sch cdule International Olassification (List of Clas~

of Good and Ssrvices)

Cittalt7iCJIl aDd ooamnencampshywent

Fees First SChedule

Forms Second Schedule

Language at document and tranala tions

Indication of nar1e5 adshyd- i ~~bullbull

ality and reshy-~ lce

Signature by partnerShips companies and 8ssociashyttaos

LEGAL NOTICE NO 85 OF 1989

Industrial Property Regulations 1989

In exercise of the powers conferred on me by sedtion 45 of the Industrial Property Orner 1989 I

Makalo Bennett Khaketla

Minister responsible for Law Constitutional and Parliamentary Affairs make the following regulations

PART I _ PRELIMINARY

1 These regulatlions may be cited as the Industnial property Regulations 1989 and shall rome into operation on a date txgt be appointed by the Minister by notIice in the Ga2Jette

2 There shall be payable in respect of the matters specifi ~ied in oolumn 1 ltJf the First Schedulpound the fees respectively spedmiddot fielt in column 2 of the First ScheduLe

3 (1) The forms set out in the SecOlUi ScheduLe shan be apshyplied for the matters set out in the Second Schedule

(2) Copies otE the printed forms shall be furnished by the Registrar on payment of the prescribed fe(

4 Applications under the Order and these regu1atJions shall be in the English language and any document forming part of an application or submitted to the Registrar pursuant to the Oroer or to these regulations which ils in a language other than Eng1ish shall be accompanied by a certified English transLa ti on

5 (1) Names of natural persons shall be indicarted by the persuns family n10 _d given name the far-dly name celn~ ~ bull ___ c~l i)efore J~e =- bull name _S __ __ ~ _ __~~ ~L_2

be indicated by theurolir full official designations (2) Addresses shall be indicated in such a way as to satisfy

the customary requirements fm prompt Igtostal delivery at the indicated address and in any case shall ~~msist of all the releshyvant adminiscraJtive units including the house number if any addresses shall 31S() indicate telegraphic and telex addresses if any and telephone numbers

(3) Nationalitv shall be indicated bv the name of the State at which a person is a national legal elitities shall indicate the name of the State under whose laws they are constituted and their registered office

(4) Residence shall be indicated by the name of the State m which a person is a resident

6 (1) A document purporting to be signed for or on behali of a partnership shall contain the names of all the partners in full and shall be signed by all the partners ar by any partner q~alified to sign stating that he signs on behalf of the partnershyS-hlP or by any other person who satisfies the Registrar that he is 2uthorj~d to sign the document

295 ---- --- shy

(2) A documem PUI1pOrting no be signelti f ()l m 00 behalf ex a body ~rate shall be signed by a directxJr or by the secretary or ather principal ~r of the body corporate or by any other person Who satisfie5 t1he Registrar that he is authortised no sign the document and Shatl bear the seaJ of the body cxmporate

(3) A document purporting txgt be silgned for or on behalf of 8Itl assooiation ro persons may be signed by any person who satisshyrues the Registrar that he is duly aunhorise(L

(4) The Regiswar may whenever he deems it necessary ~shyquest eV1idence ofauthomation to sign

7 The power of alttorney appointirng an agent may be filed together with file appllication or wi11hin two months from its filing dJate if the appointment is not thUIS made and is not made in resshypect of an agent as dedlined in sectJiJan 2 and in accltm1ance Wiibh regulation 57 plOCedural IstepS taken by tlhe agent o1lher than the 11iling CJf the application shall be doomed not to have been taken

PART II - PATENTS

APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS

8 The Registrar shall apply the International Patent Cuassishytioation as adopted under t1he Stllasbourg Agreement orf March 24 1971 and updated in its ISUibsequenteditions for all purposes ~shy~ating to the grant and pubhcabion of patents as well as for the maintenance of classtfiied ltsearch files

9 (1) The request 101 the grant middotof a patent shaH be made on Form No 1 as set out in the Seccmd ScheduLe and shaJl he signet by each applicant

(2) The request shall indicate the applic~mts name adshydress nationaHty and residence

(3) Where the applicant is the inventor the request shall contain a statement to that effect and where he is not it shal1 indicate the inventors name and address and be accompanied by the statement justifying the apptlicants right to the patent

(4) lf the applicant il3 represented by an agent the request sba11so indicate and state the agents name and address

(5) The title of the invention s1 be short preferably not emeeding seVOO words

10 (1) I1he descriptloo shall fIiTst sta1e the title of the inshy~tion as appeaJring in the request and shall

(a) specify the toolmical field to which the invention re1ates (b) indicate the background art which as far as is known

to the appllicant can be regarded as useful for the undershystanding searching and examiIliCiition orf the invention and preferably ci te the dOCUIDents reflecting such art

Cla$jfloashybon of pashytents

Request ror grant ex pashytent Seltond Schedule

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 3: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

292

213 Explaitati()n of Patented Invention by ~Trnnent err by ThLrd Persons Authori~ by Goverrrrnerrt

29 Extension of Duration of Patent 30 Annual Fees 31 Non-Voluntary Licences 32 Invalidation

Part III - UtiLity ModeL Certiticate$

~ Provisions Relating tQ Patents to Apply to Utility Model Certificates

Pari IV - IndU3trial Designs

34 Provisions Relating to Patents to Apply to Industriltll Designs

35 ApplJicartion for RegistTation of an lndustrial Design 36 Number and size of Representations and Specimen 37 According and Notirfying Fi1ing Date Examination Decishy

sion to Grant or Reject AppLication 38 Registration of Industrial Design Publication Thereof

llSiSuance of CMtiflicate 39 Renewal CY RegistI1a11ion

Part V - Marla

41) ClassiiicatLon of Marks 41 Apphcation for Registration of a Mark 42 Reproduction of the Mark 43 Transliteration 1d Translation oJ the Ma~ 44 Declaration ryf Prio1iJty and Trarslation of ~liea

Application 45 Copy of Earlier Application 46 Withdrawal orf Application 47 Marking App1iCltltion and Filing Date 48 Objedhon to or Conditional Acceptance (J AppUcatlclll

Hearing 49 Refusal ryf AppLication or Conditional Acceptance to

which Applicant Objects

50 Acceptance of Application Publication Supply of PrinrtJing Block

51 OppOSition 52 Registration of Mark Pub1licartion Thereof- Issuance C1f

Certificate ~ Renewal of Registration ~- Collective MarlQi

293

55 Invahdation Removal on the Ground of Non-Uge

Part VI - GeneraL

56 Changes in Ovvnership Licence Contract3 57 Appointment af Agent Address for Service 58 Excluded Days 59 (JonsultatiDn of Registers Request for Extracts

Therefrom and for Copies af Docurn~mts 61) (Jorrection of Errors 01 Hearing

SCHEDULES

First Schedule FEe Seoond SdleduLe Fonus Third Sch cdule International Olassification (List of Clas~

of Good and Ssrvices)

Cittalt7iCJIl aDd ooamnencampshywent

Fees First SChedule

Forms Second Schedule

Language at document and tranala tions

Indication of nar1e5 adshyd- i ~~bullbull

ality and reshy-~ lce

Signature by partnerShips companies and 8ssociashyttaos

LEGAL NOTICE NO 85 OF 1989

Industrial Property Regulations 1989

In exercise of the powers conferred on me by sedtion 45 of the Industrial Property Orner 1989 I

Makalo Bennett Khaketla

Minister responsible for Law Constitutional and Parliamentary Affairs make the following regulations

PART I _ PRELIMINARY

1 These regulatlions may be cited as the Industnial property Regulations 1989 and shall rome into operation on a date txgt be appointed by the Minister by notIice in the Ga2Jette

2 There shall be payable in respect of the matters specifi ~ied in oolumn 1 ltJf the First Schedulpound the fees respectively spedmiddot fielt in column 2 of the First ScheduLe

3 (1) The forms set out in the SecOlUi ScheduLe shan be apshyplied for the matters set out in the Second Schedule

(2) Copies otE the printed forms shall be furnished by the Registrar on payment of the prescribed fe(

4 Applications under the Order and these regu1atJions shall be in the English language and any document forming part of an application or submitted to the Registrar pursuant to the Oroer or to these regulations which ils in a language other than Eng1ish shall be accompanied by a certified English transLa ti on

5 (1) Names of natural persons shall be indicarted by the persuns family n10 _d given name the far-dly name celn~ ~ bull ___ c~l i)efore J~e =- bull name _S __ __ ~ _ __~~ ~L_2

be indicated by theurolir full official designations (2) Addresses shall be indicated in such a way as to satisfy

the customary requirements fm prompt Igtostal delivery at the indicated address and in any case shall ~~msist of all the releshyvant adminiscraJtive units including the house number if any addresses shall 31S() indicate telegraphic and telex addresses if any and telephone numbers

(3) Nationalitv shall be indicated bv the name of the State at which a person is a national legal elitities shall indicate the name of the State under whose laws they are constituted and their registered office

(4) Residence shall be indicated by the name of the State m which a person is a resident

6 (1) A document purporting to be signed for or on behali of a partnership shall contain the names of all the partners in full and shall be signed by all the partners ar by any partner q~alified to sign stating that he signs on behalf of the partnershyS-hlP or by any other person who satisfies the Registrar that he is 2uthorj~d to sign the document

295 ---- --- shy

(2) A documem PUI1pOrting no be signelti f ()l m 00 behalf ex a body ~rate shall be signed by a directxJr or by the secretary or ather principal ~r of the body corporate or by any other person Who satisfie5 t1he Registrar that he is authortised no sign the document and Shatl bear the seaJ of the body cxmporate

(3) A document purporting txgt be silgned for or on behalf of 8Itl assooiation ro persons may be signed by any person who satisshyrues the Registrar that he is duly aunhorise(L

(4) The Regiswar may whenever he deems it necessary ~shyquest eV1idence ofauthomation to sign

7 The power of alttorney appointirng an agent may be filed together with file appllication or wi11hin two months from its filing dJate if the appointment is not thUIS made and is not made in resshypect of an agent as dedlined in sectJiJan 2 and in accltm1ance Wiibh regulation 57 plOCedural IstepS taken by tlhe agent o1lher than the 11iling CJf the application shall be doomed not to have been taken

PART II - PATENTS

APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS

8 The Registrar shall apply the International Patent Cuassishytioation as adopted under t1he Stllasbourg Agreement orf March 24 1971 and updated in its ISUibsequenteditions for all purposes ~shy~ating to the grant and pubhcabion of patents as well as for the maintenance of classtfiied ltsearch files

9 (1) The request 101 the grant middotof a patent shaH be made on Form No 1 as set out in the Seccmd ScheduLe and shaJl he signet by each applicant

(2) The request shall indicate the applic~mts name adshydress nationaHty and residence

(3) Where the applicant is the inventor the request shall contain a statement to that effect and where he is not it shal1 indicate the inventors name and address and be accompanied by the statement justifying the apptlicants right to the patent

(4) lf the applicant il3 represented by an agent the request sba11so indicate and state the agents name and address

(5) The title of the invention s1 be short preferably not emeeding seVOO words

10 (1) I1he descriptloo shall fIiTst sta1e the title of the inshy~tion as appeaJring in the request and shall

(a) specify the toolmical field to which the invention re1ates (b) indicate the background art which as far as is known

to the appllicant can be regarded as useful for the undershystanding searching and examiIliCiition orf the invention and preferably ci te the dOCUIDents reflecting such art

Cla$jfloashybon of pashytents

Request ror grant ex pashytent Seltond Schedule

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 4: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

293

55 Invahdation Removal on the Ground of Non-Uge

Part VI - GeneraL

56 Changes in Ovvnership Licence Contract3 57 Appointment af Agent Address for Service 58 Excluded Days 59 (JonsultatiDn of Registers Request for Extracts

Therefrom and for Copies af Docurn~mts 61) (Jorrection of Errors 01 Hearing

SCHEDULES

First Schedule FEe Seoond SdleduLe Fonus Third Sch cdule International Olassification (List of Clas~

of Good and Ssrvices)

Cittalt7iCJIl aDd ooamnencampshywent

Fees First SChedule

Forms Second Schedule

Language at document and tranala tions

Indication of nar1e5 adshyd- i ~~bullbull

ality and reshy-~ lce

Signature by partnerShips companies and 8ssociashyttaos

LEGAL NOTICE NO 85 OF 1989

Industrial Property Regulations 1989

In exercise of the powers conferred on me by sedtion 45 of the Industrial Property Orner 1989 I

Makalo Bennett Khaketla

Minister responsible for Law Constitutional and Parliamentary Affairs make the following regulations

PART I _ PRELIMINARY

1 These regulatlions may be cited as the Industnial property Regulations 1989 and shall rome into operation on a date txgt be appointed by the Minister by notIice in the Ga2Jette

2 There shall be payable in respect of the matters specifi ~ied in oolumn 1 ltJf the First Schedulpound the fees respectively spedmiddot fielt in column 2 of the First ScheduLe

3 (1) The forms set out in the SecOlUi ScheduLe shan be apshyplied for the matters set out in the Second Schedule

(2) Copies otE the printed forms shall be furnished by the Registrar on payment of the prescribed fe(

4 Applications under the Order and these regu1atJions shall be in the English language and any document forming part of an application or submitted to the Registrar pursuant to the Oroer or to these regulations which ils in a language other than Eng1ish shall be accompanied by a certified English transLa ti on

5 (1) Names of natural persons shall be indicarted by the persuns family n10 _d given name the far-dly name celn~ ~ bull ___ c~l i)efore J~e =- bull name _S __ __ ~ _ __~~ ~L_2

be indicated by theurolir full official designations (2) Addresses shall be indicated in such a way as to satisfy

the customary requirements fm prompt Igtostal delivery at the indicated address and in any case shall ~~msist of all the releshyvant adminiscraJtive units including the house number if any addresses shall 31S() indicate telegraphic and telex addresses if any and telephone numbers

(3) Nationalitv shall be indicated bv the name of the State at which a person is a national legal elitities shall indicate the name of the State under whose laws they are constituted and their registered office

(4) Residence shall be indicated by the name of the State m which a person is a resident

6 (1) A document purporting to be signed for or on behali of a partnership shall contain the names of all the partners in full and shall be signed by all the partners ar by any partner q~alified to sign stating that he signs on behalf of the partnershyS-hlP or by any other person who satisfies the Registrar that he is 2uthorj~d to sign the document

295 ---- --- shy

(2) A documem PUI1pOrting no be signelti f ()l m 00 behalf ex a body ~rate shall be signed by a directxJr or by the secretary or ather principal ~r of the body corporate or by any other person Who satisfie5 t1he Registrar that he is authortised no sign the document and Shatl bear the seaJ of the body cxmporate

(3) A document purporting txgt be silgned for or on behalf of 8Itl assooiation ro persons may be signed by any person who satisshyrues the Registrar that he is duly aunhorise(L

(4) The Regiswar may whenever he deems it necessary ~shyquest eV1idence ofauthomation to sign

7 The power of alttorney appointirng an agent may be filed together with file appllication or wi11hin two months from its filing dJate if the appointment is not thUIS made and is not made in resshypect of an agent as dedlined in sectJiJan 2 and in accltm1ance Wiibh regulation 57 plOCedural IstepS taken by tlhe agent o1lher than the 11iling CJf the application shall be doomed not to have been taken

PART II - PATENTS

APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS

8 The Registrar shall apply the International Patent Cuassishytioation as adopted under t1he Stllasbourg Agreement orf March 24 1971 and updated in its ISUibsequenteditions for all purposes ~shy~ating to the grant and pubhcabion of patents as well as for the maintenance of classtfiied ltsearch files

9 (1) The request 101 the grant middotof a patent shaH be made on Form No 1 as set out in the Seccmd ScheduLe and shaJl he signet by each applicant

(2) The request shall indicate the applic~mts name adshydress nationaHty and residence

(3) Where the applicant is the inventor the request shall contain a statement to that effect and where he is not it shal1 indicate the inventors name and address and be accompanied by the statement justifying the apptlicants right to the patent

(4) lf the applicant il3 represented by an agent the request sba11so indicate and state the agents name and address

(5) The title of the invention s1 be short preferably not emeeding seVOO words

10 (1) I1he descriptloo shall fIiTst sta1e the title of the inshy~tion as appeaJring in the request and shall

(a) specify the toolmical field to which the invention re1ates (b) indicate the background art which as far as is known

to the appllicant can be regarded as useful for the undershystanding searching and examiIliCiition orf the invention and preferably ci te the dOCUIDents reflecting such art

Cla$jfloashybon of pashytents

Request ror grant ex pashytent Seltond Schedule

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 5: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

Cittalt7iCJIl aDd ooamnencampshywent

Fees First SChedule

Forms Second Schedule

Language at document and tranala tions

Indication of nar1e5 adshyd- i ~~bullbull

ality and reshy-~ lce

Signature by partnerShips companies and 8ssociashyttaos

LEGAL NOTICE NO 85 OF 1989

Industrial Property Regulations 1989

In exercise of the powers conferred on me by sedtion 45 of the Industrial Property Orner 1989 I

Makalo Bennett Khaketla

Minister responsible for Law Constitutional and Parliamentary Affairs make the following regulations

PART I _ PRELIMINARY

1 These regulatlions may be cited as the Industnial property Regulations 1989 and shall rome into operation on a date txgt be appointed by the Minister by notIice in the Ga2Jette

2 There shall be payable in respect of the matters specifi ~ied in oolumn 1 ltJf the First Schedulpound the fees respectively spedmiddot fielt in column 2 of the First ScheduLe

3 (1) The forms set out in the SecOlUi ScheduLe shan be apshyplied for the matters set out in the Second Schedule

(2) Copies otE the printed forms shall be furnished by the Registrar on payment of the prescribed fe(

4 Applications under the Order and these regu1atJions shall be in the English language and any document forming part of an application or submitted to the Registrar pursuant to the Oroer or to these regulations which ils in a language other than Eng1ish shall be accompanied by a certified English transLa ti on

5 (1) Names of natural persons shall be indicarted by the persuns family n10 _d given name the far-dly name celn~ ~ bull ___ c~l i)efore J~e =- bull name _S __ __ ~ _ __~~ ~L_2

be indicated by theurolir full official designations (2) Addresses shall be indicated in such a way as to satisfy

the customary requirements fm prompt Igtostal delivery at the indicated address and in any case shall ~~msist of all the releshyvant adminiscraJtive units including the house number if any addresses shall 31S() indicate telegraphic and telex addresses if any and telephone numbers

(3) Nationalitv shall be indicated bv the name of the State at which a person is a national legal elitities shall indicate the name of the State under whose laws they are constituted and their registered office

(4) Residence shall be indicated by the name of the State m which a person is a resident

6 (1) A document purporting to be signed for or on behali of a partnership shall contain the names of all the partners in full and shall be signed by all the partners ar by any partner q~alified to sign stating that he signs on behalf of the partnershyS-hlP or by any other person who satisfies the Registrar that he is 2uthorj~d to sign the document

295 ---- --- shy

(2) A documem PUI1pOrting no be signelti f ()l m 00 behalf ex a body ~rate shall be signed by a directxJr or by the secretary or ather principal ~r of the body corporate or by any other person Who satisfie5 t1he Registrar that he is authortised no sign the document and Shatl bear the seaJ of the body cxmporate

(3) A document purporting txgt be silgned for or on behalf of 8Itl assooiation ro persons may be signed by any person who satisshyrues the Registrar that he is duly aunhorise(L

(4) The Regiswar may whenever he deems it necessary ~shyquest eV1idence ofauthomation to sign

7 The power of alttorney appointirng an agent may be filed together with file appllication or wi11hin two months from its filing dJate if the appointment is not thUIS made and is not made in resshypect of an agent as dedlined in sectJiJan 2 and in accltm1ance Wiibh regulation 57 plOCedural IstepS taken by tlhe agent o1lher than the 11iling CJf the application shall be doomed not to have been taken

PART II - PATENTS

APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS

8 The Registrar shall apply the International Patent Cuassishytioation as adopted under t1he Stllasbourg Agreement orf March 24 1971 and updated in its ISUibsequenteditions for all purposes ~shy~ating to the grant and pubhcabion of patents as well as for the maintenance of classtfiied ltsearch files

9 (1) The request 101 the grant middotof a patent shaH be made on Form No 1 as set out in the Seccmd ScheduLe and shaJl he signet by each applicant

(2) The request shall indicate the applic~mts name adshydress nationaHty and residence

(3) Where the applicant is the inventor the request shall contain a statement to that effect and where he is not it shal1 indicate the inventors name and address and be accompanied by the statement justifying the apptlicants right to the patent

(4) lf the applicant il3 represented by an agent the request sba11so indicate and state the agents name and address

(5) The title of the invention s1 be short preferably not emeeding seVOO words

10 (1) I1he descriptloo shall fIiTst sta1e the title of the inshy~tion as appeaJring in the request and shall

(a) specify the toolmical field to which the invention re1ates (b) indicate the background art which as far as is known

to the appllicant can be regarded as useful for the undershystanding searching and examiIliCiition orf the invention and preferably ci te the dOCUIDents reflecting such art

Cla$jfloashybon of pashytents

Request ror grant ex pashytent Seltond Schedule

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 6: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

295 ---- --- shy

(2) A documem PUI1pOrting no be signelti f ()l m 00 behalf ex a body ~rate shall be signed by a directxJr or by the secretary or ather principal ~r of the body corporate or by any other person Who satisfie5 t1he Registrar that he is authortised no sign the document and Shatl bear the seaJ of the body cxmporate

(3) A document purporting txgt be silgned for or on behalf of 8Itl assooiation ro persons may be signed by any person who satisshyrues the Registrar that he is duly aunhorise(L

(4) The Regiswar may whenever he deems it necessary ~shyquest eV1idence ofauthomation to sign

7 The power of alttorney appointirng an agent may be filed together with file appllication or wi11hin two months from its filing dJate if the appointment is not thUIS made and is not made in resshypect of an agent as dedlined in sectJiJan 2 and in accltm1ance Wiibh regulation 57 plOCedural IstepS taken by tlhe agent o1lher than the 11iling CJf the application shall be doomed not to have been taken

PART II - PATENTS

APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS

8 The Registrar shall apply the International Patent Cuassishytioation as adopted under t1he Stllasbourg Agreement orf March 24 1971 and updated in its ISUibsequenteditions for all purposes ~shy~ating to the grant and pubhcabion of patents as well as for the maintenance of classtfiied ltsearch files

9 (1) The request 101 the grant middotof a patent shaH be made on Form No 1 as set out in the Seccmd ScheduLe and shaJl he signet by each applicant

(2) The request shall indicate the applic~mts name adshydress nationaHty and residence

(3) Where the applicant is the inventor the request shall contain a statement to that effect and where he is not it shal1 indicate the inventors name and address and be accompanied by the statement justifying the apptlicants right to the patent

(4) lf the applicant il3 represented by an agent the request sba11so indicate and state the agents name and address

(5) The title of the invention s1 be short preferably not emeeding seVOO words

10 (1) I1he descriptloo shall fIiTst sta1e the title of the inshy~tion as appeaJring in the request and shall

(a) specify the toolmical field to which the invention re1ates (b) indicate the background art which as far as is known

to the appllicant can be regarded as useful for the undershystanding searching and examiIliCiition orf the invention and preferably ci te the dOCUIDents reflecting such art

Cla$jfloashybon of pashytents

Request ror grant ex pashytent Seltond Schedule

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 7: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

~----------=========-----------------------shy(c)disclose tlhe inVentionin such terms ttlJat it can be ~

derstood and state its adwmtJageous edfects if any WIth reference to the background artt

(d) briefly describe the figures in the drawings if any (e) set foI1th at least one mode contemp1aJted by the applishy

cant fur oarrydng out the invention this shaJ1 be oone in terms of examples Where appropriate and with refeshyrence to the drawings if any

(f) indioate explicitly when it is IIlOt obvious from the desshycrnrptioo or nlCltJure of the invention the Wlay in whlCh the invention iS industrirutly applicable and the Wlay lin whioh

it can be made and used or iff it can only bt used the way in which it can be used

(2) The manner and order specified in sub-regulation (1) shall be fb1JJowed exrept When because of the IlIartJure CYf tJhe inshyventJion a ddtfferent manner or a dirfferent oroer would resul~ in a better undeIlStJandJing land a more ooncise presenrtJation

11 (1) The number Of the cLaims shall be reasonableClMmI taking intoaooount the nature of the invention if there are seshyveral cbruims they ~hialJ be numbered consecutively inaIlabic nushymerals

(2) The cliallmS sh~ldefine the invention in Iterms of the technical features of the linvenltion

(3) Whenever appropriate daims shall contJaltin (Ia) a statement indicating Ithose techntoal features of th

inVentJion which are necessary for the defiiruHJiOll of the inventiOll bUlt which in combination aJre part of the prior art

(b) a oharacterising pm11iOn preceded by the words (Jh~shyracterised in that characterised by wherein the improvement comprises or any other words vo the same effect stating conCisely the Itechmo~l features which in combination wirth the features stJaJted under parograph (a) itis desired to protect

(4) OlJaJims shiaH nat except where absolutely necessary rely in respect Of gttrhetechllical features Of the inVentrion on roe ferences to the description or drawings in paI1ticular they shall not rely )Ill such Teferencesas as described in part of the descI1ipti)lll or as illustrated in figure __ of Ithe dIlawshywings

(5) Where the application contains ciJ1aWtings the technical featturos mentioned in the clairru shall prefembly be followed by the refeT~nce signs reLating tD such features when used the reshyfereme SIgnS shaH pre~rably be placed between parentJheses if incluSlOn of reference SlgnS does not particularly faCliLiJtate quickshyer understanding of a c1aiiffi ilt shaH not be made

(6) Any cLaim submitted after the fiHng date of bhe applioa tlion and whioh is lot idenrtJiflied with the claims previous1y ap pearlTIg m the applicatlOn_shall at llJe choice of the applicanf be

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 8: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

------------------------------- 297

SUllxmi1lteci either as an amended dllaim or as a new olJaim (7) The deletion of any clalim pleYiously aippeIllling in fue

applticationshall be made by indiloating the number of tlhe ~ Vious clalm foUQWed by the word oan-cell1ed

12 Flow Sheets and diagTrams are considered rto be drawings

13 (1) The 3lbstmct Shafl be so dralfted tjhatit ~n efficlen~shyly serve as a scanning tool for purposes of searebllng m th~ parti shycuhar art

(2) The abswact shall oonsist of the following (a) a summary of tJhe disclosure as contailned in the desshy

criptJion itJhe oLaims and any drawings indi~aJting the tedhnical field to wMoh the invention pertains and drlafshyted in a way whdCib a1J1ows the dear undemtandling of the Itechnical Problem the gist of the solution Of tba-t problem through the invention ami tJhe principal UISe or uses of the invention and

(b) where appLicable tlhe chemical formuLa whlich amoog al11Jhe fOrnlwae conltained in 1he apphlcation best ohashyracterises the invention

(3) The a1bstrnct shall be as concise as tile wsciosure pelshymi ts prefef1ably 50 to 150 words

(4) The abstJf1act shall n)t containstalttements on the aHeged meI1i1ls or value of the invention or on its spoculative appLication

(5) EJach main technical feature mentioned in the abstract and Hlustrated by a drawing in the appHcaition shall be followed by a reference sign placed between parentheses

(6) The abstract shaH be accompanied by the most illushystratdve of any drawings furnilshed by the applicant

14 (1) Units of weights and measures shall be expressed in the metIicsystem

(2) Temperaltures shall be expressed in degrees centigrade (Celsius)

(3) Densilty shall be expressed in metric units (4) For indications 00 heat energy ~ight sound and magshy

netism as well as fOir ma1tJhematical formulae and electrical units rules in general use shall be observed

(5) For chemical formu1aetJhe symools altomic weights and molecular formulae in general use shaH be employed

(6) In general only suoh techntioal terms signs and symbols shall be used aJS are generaHy accepted in the art

(7) The terminology and the signs shall be oonsltisteIllt throughout the applicatilton

15 (1 ~ Subject to regulaltion 19 (7) the applicatJi)n and any aocompanYmgSltatements or documents shall be rued in three Numbar at

oopjes and~ies but ~he Regilstrar may require the applicant to supply adshypbyampIcal rampshyditional COpIes quir~

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 9: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

298

bull (2) A1l elements (yf the appllioartIion shaH be so presented as

Ugt admit of direct reproduction by photogI1aphy electrostaJtic processes photJo off-set and miorofilming

(3) Only one side of each sh~ oonlttJained in the appltication shahl be used

(4) Ali elements of the appllioationsnall be on paper wbich is f1eXlible strong white smooth rum-shiny and durClible

(5) The middotsize of the sheets shall be A4 (297 em X 21 am) but rtlhe RegilStrer may accept sheets of other sizes

(6) The minimum margins of sheets shall be as fo~lOWS (a) upper margin of each page except the iirnt pa~

20mm (b) upper margin of the fJrst page 30 mm (c) side margin adjaceIllt to the binding 25 mm (d) other side margin 20 mm (e) bottom margin 20 mm

(7) AlB sheets shall be numbered at the top of the Sheet in the middle in consecutive arabic numelals

(8) In effecting the sequenti1al numbering of the sheets the elements of the ap)lJieation shall be placed in ithe follltYWIing order

(a) the request (b) rthe description (c) the claims (d) tlhe abSitract and (e) the drawings (()) The sequentJal numbering of the sheets shall 00 effectmiddot

ed by UJsing rjjhree separate series of numooring the first sel~j~ applyting to the request only and commencing v~ ~h the first shem of the request the second series commencing wirth the first sheet of Ithe description and continuing through the daUms lliltil the 1ast Isheet ryf the ahstI1act and the third series being applJicable to the sheelts of the drawings only and commencing wi th the first sheet of the drawings

(10) Dhe text matter of the application shaH be typed gramiddot phic Symbols chemical orr mathematical fionnulae and Ceurortain characters if necessary may be handwritten or drawn

(11) Drawings shall be executed in durable black suffiaien tmiddot ly dense and dark uniformly thick and well-defined Lineltgt and strokes without coiourings

Umty r4 16 (1) SediOl1 8 (1) Slhall be construed as permitting in parmiddotinveatiloa ticular one of the following three possibilities

(a) in addition to an independent claim for a given product the inclusion in the same application of an independent c1airn for a process speeiaUy adapted fur the manufacshyture of the said product and the inclUlSion in the Game application of an independent claim fur a use of the said product

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 10: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

299

(b) in addition to an independent claim for a given process the inolUlSion in the same application of an independent cLadm for an apparatus or means specifically designed ror oarrying out tJhe satid process or

(c) in addition to an independent clamiddotim fur a given produot ~e inclusion in tJhe same application of an independent claim for a process specitahly adJaptOO for tlhe manuimiddotacshyture of the product and the inclusion in the same applishycation oi an independent claim for an apparrutus or means specifically designed fOT carrying out tJhe proshycess

(2) Subject 00 section 8(1) it shall be permiluted to include in the same applliocalion two or more independent clrums of the same caJtegory which cannot readily be oovered by a single genshyeric claim

(3) Subject to section 8(1) it shall be permitted to include in the same app1ication a reasonable number of dependenrt claims a1ruiming iSpecific forms of the invention claimed middotinan indepenshydent claim

17 (1) A divisional application shall oontain a reference to the iniltial appli-oatiOlIl

(2) If the appUcant wishes a divisional applicatiOn to beneshyfit from any priority claimed for middotthe initial app1ica1tion the divishysional appLioation shall contlJain a request to thart effect in such a case the declaration of priority and the documents furnished in aooordance with regulation 19 for the inHial application shall be doomed ito Te~atealso to bhe divimiddotsional app1ication

(3 Where the priorities of two or more earlier applications were claimed fOT the initial applioation a diVisional appliCation may benefit only from the priority middotor priorities that are applicashyble to H

18 (1) An applioant who wishes a disclosure of the invenshytion to be drisregarded in accordance vi th section 5 (4) for prior art p11rpQses shall so indicate on the application and shall furshynish in writing with the application or within one month of fi1Jing the application full particulars of the disclosure

(2) Whemiddotre the disclosure was made at an exhibition the apshypl10ant shall file within the same period a dulv authenticated certifioate issued by the authority responsible for the exhibition cont~ning particulars of the exhibition and stating that the inshyventlOn wltlS in fact exhihited there

19 (1) The declaration referred to in section 9 (1) shall indimte

(a) the darte of the earlier application (b) the number of the earlier application subject to subshy

regulation (2)

(c) the symbol of the lrrternational Patent Classification

Division all applicatlon

Disclosureuros to be diSNshygarded for prior art purposes

Declamtion of priorDty and trnnsLashytion CJf earshyLier appRlicashyIlion

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 11: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

300

Tmc for furniShing inrormrtion CODeern1ng oo1TePODIdshylng foreign app1ications Patents and other titles of proIect1on

which has been allocateltt to tlle earlier application subject to wb--regu1ation (3)

(d) the State in which the earlier application was filed OT where the earlier application is a regional or an intershynational apphoation the State or States for which it was Iiled

(e) where the earlier application is a regional or an inteTshynational application the office with which it was filed

(2) Where at the time of filing the declaration referred to in sub-reguation (1) the number of the earlier application is not known tlhaJt number shall be furnished within three months from the date on which the application containing the delarashylion Waf) filed

(3) Where a symbol of the International Patent ClasSlificashytiJon has not been allocated to the earlier application or had not yet been allocated at the time of filing the declaration referred to in subreguhation (1) the applicant shall state this fact in the said dedaration and shall communicate such symbol as soon as it has been allocated

(4) Tile applicant may at any time before the grant of the patent amend the contents of the declaration referred to in subshyregula tion (1)

(5) The peried vr fuI1rishing the certifJed copy Of the earshylier applliCiation referred to in sectilt)TI 9(2) shall be three months from the date of the request by the Registrar

(6) Where a copy has already been furnished for another applricatiltm the applicant may respond by making a reference to that otheiI application

(7) Where the earlier application ts in a language other than EnglJish the applicant shall within six mcmtrul from the date of the request made under sedion 9 (2) furnish a certified Eng1ish tI1ansbation of the earlier application

(8) Uni~ the Registrar requests otherwise the earlier applioati~m and anytrlaIbShat10n thereof shaH be filed in one copy

20 (1) The time limit to be specified for furnishing the informaltlion requested under section 10 sball not be less than two or more rthan six mantrus from the date such a request is made but the RegistrCl1I may extend sudh time limit on request and on good caUlSe IShown by the applicant

(2) If tihe applicant replJies that bhe dooumenbs requested under section 10 are nat yet avai1aible the Registrar may susshypend the procedure for the e~tion of the app1lication until S1ldl time as the documents are furniShed_

21 (1) Each application shall be witihdrawn by Wliitten declrarntion submitted to the Registrar and signed by tihe applishyoant

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 12: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

301

(2) The application fee shall not be refunded if the appUshycation is withdrawn

22 (1) Upon receipt the Registrar shal1 mark on each document making up the apphcatioD the actua1 date of recelpt and the appiiation number consis~ing of the letters LS stroke the letter P strole the last tvlO numbers of the year in whieh the initial papers were received stroke and a five digit number aHotted in the sequential order in which applications are receivshyed

(2) Where any corrections or other later filed d()CUments are received on different dates the Registrar shall also mark their actua1 date of receipt in the appropriate place of the reshyquest for the grant of the patent as set out in Form No 1 CYf the Second ScheduLe

(3) The application number aI10led undDr sub-regu1ation (1) shall be quotoo in all subsequent communications concernshying the apphcation

23 (1) The Registrar shall exunine whether the app1icashytion fuliiUs tlhe requirements of ~ction 11 (1)

(2) The invitation to file any correction under sedioTI 11 (2) shall be in writing it shall specify the correction required and request that it be fliled within two months from the date of the invitation together with the payment of the prescribed fee

(3) Once the Registrar accoroS a fihng date he shall notify the apcentioant in writing if the appLication is treated as if it had not been filoed under section 11 (2) the Registrar shall notify the amppplicant in writing specifying the reasons

24 (1) In addition to the requirements of section 7 (1) (2) and (3) and the regulations peurortaining thereto the requireshyments relatmg to the deflmtlon of agent in section 2 and reshygulatlOns 4 5 6 7 14 and 15 to the extent applicable shall be considered formal requirements for the purposes of the Order

(2) Where the Registrar finds that thB conditions refershyred ~ in s~lttion 11 ~5) are not ulfiUed he shall invite the appUshycant m writIng to file the reqUIred correction within two months from ~e date of the invitation together with the payment of theprescnbed fee

(3) Where no abstract is provided the Registrar sha11 inshyvite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Registrar himself if the applicant does not comply with the invitation to correct a deficiency or where desshypite the corrections submitted by the applicant the Registrar is of the opinion that the conditions referred to ill section 11 (5) are not fulfilled he shall reject the application and notify the apshyplicant in writing stating the reasons

(4) RejectJion ltYf the applioation shall not affect its fil1ng date Whicll shall remadn valid

Marking apshyp 11caItion

S~d Schedule

ACCQrding 3nd notifying jjung date

EgtWImlnatlCln aS txl form

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 13: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

302

EXlll11inaticm as to 5Ubshys1lance and decisilon to grant or refuse to grant patellit

ExamInation as to novelty IIIld mvenshytive step

25 (1) For the purposes of the examination lUlder secshytion 11(6) the Registlar may cause the application to be tranamp mitted together with all relevant documents to an examining authority which has concluded an arrangement to this effect with the Registrar requ2sting a search and examination report

(2) Where takng due account of the ronclusions of the search and examination report referred to in sub-regulation (1) the Registrar is of the opinion subject to regulatJion 26 that the condi tions referred to in section 11 (6) are not fulfilled he shall notify the app1icanrt m writing inviting him several times if necessary to submit his oooervaUons anel where app1icable to amend or divide his application within a specif1ied period sud specified period shall nCJit be less tJhm two or mOIeuro than Gix months from the date of the invitation

(3) vVhere the applicant does not comply with the said inshyvilttation or where despite any observation amendment OT divi sion submiUed by theapp1icant the Registrar taking due acshycount of the conclusions of the search and examinatioo report referred to in sub-regulation (1) is of the opinion subject to regulation 26 that the conditions referred to in section 11 (5) and (6) are not fulfil1ed he shall refuse to grant the patent

(4) Where two or more applications for the grant of a patent for th~ same invention having the same filing date or where applicable the S1me priority dateare filed by the )lmi applicant the Registrar may on that ground ref~ to gtJ1t patent in plliiUance of more than one of bhe applications

(5) Where the Registrar taking due account of the oonc1 sions of the search and examination report referred to in su regulation (1) is of the opinion subject to regulation 24 th the conditions referred to in section 11 (5) and (6) are fulfillemiddot he shall grant the patent

(6) The Registrar shall notify the applioant in writing of his decision to grant or to refuse to grant a patent attaching a copy of the search and examina tion report upon which the deshycision is based and in the case orr a refusal to gront a patetnt stating the reasorus therefor and in the case ltYf a decision to grant a patent requesting the applicant to pay the grant and publicatrlon fee within three months from the date OI the notiishycation

27 (1) Subject to the payment of the grant and publicashytion fee within three months from the date of theuro notification of the decision to grant the patent the Registrar shall grant tha patent in accordance wi1lh oodion 12 (2) and this regulabion

26 In accordance witJh serbion 11 (7) the examination shatl cover the requirements of novelty and inventive rtep under secshytion 5(2) (3) (4) and (5) in respect 00 all categories of invenshytions

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 14: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

(2) The Registrar shall allot to eaoh patent a pUblicaUon DumDer of bhe patent in the sequential order of grant

(3) The patent shall be granted on Form No2 of the Second ScheduLe and shall contain in addition to the informashyIlion indicated in sub-regulation (5) the date of publication of the patent the documents or references cited of the prior art the description the o1aims and the drawings if any

(4) The patent shall De deemed to be granted on the date the RegistIlar publishes the fact tJhat he has granted the patent in aooordance with section 12(2) (a)

(5) The publioation of the grant of the Patent shall include (a) the numbermiddotof the patent (b) the name and addTess of the owner of the patent (c) the name and address of the inventor except where he

11318 a1Sked not to be named in the patent (d) Ibhe IlIame and address of the agent if any (e) tJhe filing date and nUlmber of the application (1) if prionityhas been oLaimed and the claim has been

aJOOepted a -stJaltement of the prJ ()Irity the prio~ity date and the IlIame of the country or countries in which or for whiCh the middotearlier aPPlication was filed

(g) the effective date 00 gran1 af the patent (h) the title of 1Jhe inventJon (ii) tlhe iabstract (j) the most illustrative of the drawings if any and

(k) the symbol of tJhe International Patent Classification (6) The certificate of grant shall be issued on Form NO3 as

set out m the Second Schedule and shall be signed by the Registrarand shall contain

(a) the number of the patent (ob) the name and address Of the owner of the patent (C) the f1lingdate and where applicable priority date of

rtfh~ application (d) the effective date af grant of the patent and

(e) the title otf the ~nventiltm

28 (1) The Minister Shall middotOOfOTe making a decision under section 13(5) oonsult the Registrar and give the owner of the patent beneflci1arles of non-vo1untJary licences and any dbher persOIllS Whose parlicipation he considers useful at least 21 days written notice of the date on which they may be heard The owner of the patentshwl give aN Licensees ~itten notice of the hearing ~ Uleyshall have the right to paItlicipate therein

(2) The Mirnster shaH make hJsdecision after the hearshying in writing stating the groundis upon which it is balseltl and 1pound he has decided that the invention shaH be exploited under

Explolmiddottatoa of Igt3lteMed Invention by Government or by thdId persoM a~ by GovernshymllDt

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 15: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

804

section 13 (4) he shan state theuro terms of exploitation and transmit theuro decision to theuro Registrar

(3) The Registrar S1hall record and publish ~e decision of the Minister and notify the owner of the patent m WIltmg and the other pamiddotrticipants in the hearing

(4) If the decision of the Minister with regard to remuneshyration is theuro subject of an appeal the Registrar of the High Court shall notify the Registrar of the courts decision once it beshycomes fiDall and the Registrar shall record tile decision and pubshylish it

Extension of 29 (1) The request to extend the duration of a patent duration Of undeiI seemon 14(2) shall be made in wI1iting to the Registrarpatent and shJaJl be acoompanied by a statement Signed by the owner of

the patent setting out particulars of the working of the invention in Lesotho or indicating reasons for the non-working of the inshyvention in Lesothltgt

(2) Where the Registrar extends the duration of a Igtatent he Ishlahlreooro and IgtubliSih the extension

Annual Nes 30 (1) Upon payment of an annual fee in accordance with

section 14(5) vhe Registrar shall within two weeks from th e date the payment~s received fllirIlish or send to the applicant or to the owner of the patent a receipt of payment

(2) The Registrar shall record and pUblish a notification of the Lapseof a patent

(3) Annual fees shall not be refundable

3l (1) The request for grant of a non-voluntarylicence under section 15 shall be made to the Registrar on Form No 4 as set out tn the Second Schedule together with the payment of the prescribed fee it shall be accompanied by

Ca) evidence that the owner of the patent has receive request fmm the person requesting the non-volunk lioeIllCe ror a Licence contrad but that the labter - been unable to obtain such a licence on reaSOIlaImiddot terms and within a reasonable time and

(b )an indioatil()7loo the pLan according to which the person requesting the non-voluntary licence intends to work the patented invention including evidenoe that he has the ability to do so in Lesotho

(2) The Registflar shall within three months from the datef the request fOT the grant of a non-vdluntary licence e~amIne Whether the requipements of section 15 (1) and (2) and SUoreglUlation (1) are prima facie satisfied if he finds that the reqUJirementsare not satisfied the Registrar shall reject the request and notify in writing the peIoon requesting the nonshyv01untJary licence ~Iting the grounds for the rejection if he fmds that the reqwrements aTe satisfied the Registrar shall fo~hWith send a ooPY of the request to th~ patent owner to beshynefLcN11Y1e5 of oon-valuntlary licences and tQ persons exploiting the

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 16: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

305

patented inwntion under section 1315) and invite them in writshying to submit observations thcrclD 00 the RegIstrar wlthm three months of the date of the invitation

(3) The patent owner shall forthwith notify in writing aU licensees of Lhe request and the licensees shall have the light to submit in writing observations thereon to the Registrar within three months of the date of the invitation issued under sub-reguLation (2)

(4) The Registrar shall forthwith notify the peroon reshy

questing the non-voluntary Hcence of any observations submitted under sub-regulations (2) and (3)

(5) The Registrar shall then convene a hearing to which he shaH invite the person requesting the non-voluntary licence the palttent OW1ler and the persons who submitted observations wnder subregulations (2) and (3) giving them at leuroast one months written notice of the date of the hearing

(6) AIteT the hearing if the Registrar finds that the conshyditions for the grant of a non-vo1untary licence are fulfiUoo he Shlall ~ant the licence otherwise he shall rampfuse to grnnt it

(7) The decisiomiddotn to grant or to refuse to grant a non-V)shyluntary licence shall be in writing shall state the grounds upon whLch it is based and in the case of a dedsion to grant the Ilmlshyvoluntary licence shall specify in particular

(a) the period for which the licence is granted (b) to will ch of the acts referred to in the detfini tion of

explOlitation in section 2 the licence exteldis (otherth1an importation)

(e) the time limit within which the beneficiary of the non- voluntary licence must commence working the paterrted invention

(d) the terms regarding payment of remunerotJion

(8) The Registmr shaH record and publish the d~cision to gra~t or to refuse to grant the non-volunta-ry licence and trans~lt a ropy thereof to bhe poernon requesting the non-volunshy~ Licence th~owner of the patent and the persons who subshymItted observatIOns under sub-regulations (2) and (3)

32 (1) Where the prOVisions of section 16 (2) apply only to some of th~ claIms or some parts of middota o1adm sucll c1aims or parts of a drum shaH be Invalidated

(2) The patent owneT shall nomfy any hcemee in writing of any court proceedings institu1led for the invalidation of the patent The pernon requesting invahdation shiaJ1 so notify any beneficilaries of non-voluntaTy Hcences granted under section H5 and Where the ground of invalidity invoked is that the parent owner is not the inventor )of his successor in title he shell also notify the person alileged to have the right to the patent

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 17: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

ProvisimlS rellating to patentts to IPPly to utidity model certificaotes

Provisions relat1ing to paJten~ til apply to mdustrial design5

App1ication ~~OT re g ~-r

tdon of an 1ndustri al design

Number and lihe of reshypleampeIJtashymons and lJ)eclmeD

PART III UTILITY MODEL CERTIFICATES

33 (1) The provisions of Part II of these regulations shall apply mutatis mutandis to utility model certificates subject tn the following exceptions

(a) the letter P in regulation 22 (1) shan be read as the letters UM

(b) for the purposes of regulaticm 25 the examinEnoo shaH be 1imited to the requirements of novelty ami industri shyal applicability and public order and morality

(c) regulations 26 and 29 middotshall not apply and (d) the reference in regulation 32 to section 16 (2) shall

be read as a reference to section 18 (6)

(2) A request under section 19 for the oonveTlSion af an ~ticatiQn for a patent intlO an application fOT a utility model certificate or vice versa shaD be signed by the applicant and shall be accompanied by the prescribed fee The Registrar Sihall within two months of the receipt of the request notify the applioant in writing of his decision thereon and where h~ r~ fuses the request he shall state the reasons

PART IV - INDUSTRIAL DESIGNS

34 Reguloations 19 21 and 22 shall apply mutatis mtLtan(ji~ 1Jo industrial designs and for this pUpose the letter lip in rog11shylation 22 (1) shall be read as the letters ID

35 (1) The application for the registration of an indusshytrial design shall be made on Form No6 in the Secund ScrlRdtde and shall be signed by each applicant

(2) The app1ication shall indicat2 each applioants naITl( address nationality and residence

(3) Where the applicant is the creator the r-equest Sh31l contain a statement to that effect and where he is not it shaD indicate the creators name and address and be accompanied by a statement justifying the applicants right to the registration of the industrial design

(4) If the applicant is represented by an agent the reshyquest shall so indicate and state the agents name and address

36 (1) The application shall be accompanied by the folshylowing

(a) u the industrial design is two-dimensional by four gTlaphk representations or four drawings OT traCings

(b) if the industrial design is three-dimensional by four gTlaphic representations or four drawings or tiacin~ ryf eaoh 00 the clifferent sides of the indultrtrial design and

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 18: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

l07

(c) a printing block or printing blocks of such dimensions as the Registrar may consider appropriate

(2) A -specimen shaH be of a size not exceeding 20 centishymebres X 20 centimetres X 20 centimetres No graphic represhysentation drawing or tracing of the industrial design shall exshyceed 10 centimetres X 20 centimetres Such representations drawings or tracings shaH be affixed on four sheets of cardboard of A4 size Drawings and tracings shall be in b1ack ink

37 (1) The Registrar shaB examine whether the applicashytion fuUills the requirement of secbion 23 (1)

(2) The invitation to fii1e any correction under section 23 (1) shlall be in writing it shall specify the correction nr correcshytions required and request that these be filed within two months from the date of the said invitation together with the payment of the prescribed fee

(3) Once the Regist1aT acltordsmiddota filing date he shaH so noshytify the applicant in writing If the application is breated as if it had not been filed under gtsection 23 (1) the Registrar shall noshytify the applicant in writing specifying the reClsons

(4) Where the Registrar finds that the requirements relashyting to the definition of an industrial design in section 2 the conshyditions set out in sections 20 (4) and 22(1) and (2) are not fulshyfilled he shlilllinvite the apphaant in writing to me the required co~rection within two months from the date of the invitation toshygetber with the payment of the prescribed fee If tJhe applicant does not comply with the invitation to correct a defiCiency or Wlhere despite corrections submitted by the applicant the RegisshytlaIl is of the opinion that the middotsaid conditions are not fulfilled he shall rej-ect the application and notify the applicant in writing stating the r~aJsons

(5) Rejoction IOf the appHcatioTIshall not affect its filing date whioh Sha1l remain valid

(6) The Regist1lalr shall notify the appLicant In writing of hiS dedision to ~rant or to rejeCt the application and in the case CYf a decision to grant the application he shall request the aPplishyoant to Pay the registration and pubhlcation fee wi thin one month from the dateof the notification

38 (1) Subject to the paYlffient of the registration and pushyblioation fee Withlin the perioo prescI1ibed in reguLation 37 (6) the RegtistTa(l shall register the industrial design in accoroance with sect don 23 (4) and this reguliation

(2) The Registrar shaJJ1 allot to each industrial design he reshygisters a number in the sequential order of registration

(3) The registration of an industrial design shall include a representation of the indu~ial design and shaN specify

(a) the number of the industrial design (b) the name and address of the regi-stered owner

Sions of whUch shalll not exceed 30 x 21 centimetres)

Accordin and notifying filing date e~Ml1Inashytion dic1shysion to grant or refuse app1icatIion

RegistTashymon of inshydustria1 desigil publ1cation thereof iSoSuanee at certllficate

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 19: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

308

(c) the name and address of the agent if any (d) the name and address of the creator except where he

has asked not to be named in the registration (e) if the priority has been claimed and the claim has been

accepted the country or countries in which or for which the earlier appUcation was filed and

(f) the kind of products for which the industrial design is to be used

(4) The publication of the registration of an industrial deshysign under section 23 (4) shall contain the particulars speCified in sub regulation (3)

(5) The certificate of registration of an industrial design shall be issued on Form NO6 as set out in the Sewnd Schedule

39 (1) The renewal of the registration of an industrial deshyRenewal at sign under section 24 (4) may be made by the registered owner ~tion or his agent during the six month reriod preceding the expiry of

the registration (2) The renewal shall be made by p~yment of the renewal

fee within the period specified in sub-regu)ation (1) or upon paymen tof the prescribed surcharge within the grace period allowed under section 24(4)

(3) The renewal of an industrial design registration shall be recorded in the register and shall be published

(4) The Registrar shall issu ~ to the registered owner a cershytificate of renewal which shall (ontain

(a) the registration numbe of the industrial design (b) the date of renewal and the date of expiry (c) the name and address of the reSistered owner and (d) an indication of the kind of products for which tht hshy

dustrial dcsigrl has been registered

PART V - llARKS

40 The Registrar shall apply the International ClassificashyQassifiaashy tion of Goods and Services for the Purposts of the Registrationtion of of Marks adopted by the Nice Agreement of June 15 1957 as upshyMarla dated subsequently and set out ill the Third SchedulRThird Sehedule

41 The appltication Tor the registraVion ofa mark shall be App1icaUon made on Form No7 as set out in the Second Schedul and shall tor registrashy be signed by the applicant An application may be made for the tion of a matk registration of a mark in respect of goods or services in one or

more classes of the International Classification referred to in reshygulation 40

42 (1) The appHoation shall contain a durable graphic reshyReproducshy production of the mark in the space provided therefor on Foo-mtion of the mark olo 7 as set out in the Second Schedule Where the reproduction

exceeds the space in size it shall be mounted upon hard and dushy

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 20: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

309

rable paper Part of the mounting shall be affixed in the space aforesaid and the rest may be folded

(2) With all aIgtplications for the registration of a mark three additional reproductions oJ the mark shall be submitted The reproduction of the mark on the applicatin and the addishytional reproductions shall be identical The addltlOnal reproducshytions shall in all cases be noted with all such particulals as may from time to time be required by the Registrar Such particulars shall if requiroo be signed by the applicant or his authorjsed agent

(3) If the Registrar considers ally l~Gproduction of a mark unsuitable he may at any time require a suitable reproduction to be substituted

(4) Where a drawing or other reproduction cannot be given in the aforesaid manner a specimen or copy of the mark may be sent either od full size or Qna reduced scale and in such a form as the Registrar may consider awropriate

43 Where a mark consists of or corruains a word o-r words TmnsshylilteMII~onin characters other than Roman the application on Form No 7 and tI1aIlampas set out in the Second Schedule and the additional reproductions lation ~ the

of the mark shall be accompanied unless the Registrar otherwise mark directs by a sufficient transliteration and translation to the satisshyfaction of the Registrar of each of such words stating the lanshyguage to which each word belongs

44 (1) The declaration refeIred to in section 27 (2) shall DeclaMtion indioate of priority

and tramSlashyCa) the date of the earlier application tion of

(b) the number of the earli-er application subject to subshy earlier applishyregulation (2) and cation

(c) the State in whidh the earlier application was filed or where the ear1ier application is a regional Olf an inteshynational application the office with which it was filed and the country or countries for which it was filed

(2) Where at the time of filling the declaIation referred to in sub regu1ation (1) bhe number of any earlier application is not known that number shall be furnished within three months from the date on which the aIgtplication containing the declarashytion was filed The Registrar may extend the time limit referred to in tJhis sub-reguJation for an additional per~od af three months if the applicant supplies eVidence that due to circumstances Deshyyond his control he was not able to comply wi1Jh the pre9cribed time limit

(3) Whe~e the prioritiesaf two or more earLier applioations are clalm~d In accordanoe with sub~regulation (1) the indicashytIOn relatmg to those earlier applications may De included in a single declaration

(4) The applioant may at any time before the registration of 1Jhe mark amend the contents of the declaration referred to

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 21: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

310

Copy ltYf earlier application

Withdrawal 0pound applicamiddot tion

Marking 01 the applicashytion and filing date

Objection to or conditionmiddot al acceptshyIlIICe of application heMing

in the pre-ceding smiddotut-regulations 45 The period for furnishing the certified copy of the eaTshy

lier aDPlication shall be three months from the date of the reshyquest by the Registrar

46 (1) The withdrawal of the applicatlOnshall be made by a Wlitt~n declaration signed by the applicant and submitted to the Registrar

(2) The application fee shlll not be refunded if the applishycation is withdravm

47 (1) Regulation 22 shall apply mutatis mutandis to marks and the letter P in regulation 22 (2) shall be rood as the letter M

(2) The Registrar hall accord as the filing date 01 the applishycation the date on which the following matters are received

(a) the name of the applicant (b) an address to which commun1oations can be directed (c) a reprouuction of the trademark (d) a specification of goods or services and (e) the required filing fee for at least one class oi goods CYr

services (3) The Registrar shall notify the applicant in writing of the

alplication numbeT and the filing date

48 (1) If upon examination in accordance with secbion 28 tt e Registrar objects to the applioation for registration of a mark he shall notify the applicant in writing of his objedions with an the relevant details and invite the applicant to amend the applimiddot f8tion submit his observations in writing or aipply for a hearing within two monthmiddots from the date of the notifioation If the appJjshycant does not comply with the invitation within the set period he shall be deemed to have withdflawn his application

(2) If upon examination in accrrdance with section 28 the egistrar deoides to accept the application subject to amendshyments modifica~ions conditions di~claimers or limitations he shall communicate the decision to the applicant in WIliting

(3) If the applicant objects to the amendments modificashytions conditions disclaimers or limitations he shall within two months fflom the date of the communication apply for a hearin~ or submit his obserVaHons in writing If the applicant does not object to such amendments modifications conditions disclaimers or limitations he shall notify the Registrar in writing and amend his application accordingly If the applicant does not respond in one way or the other within the set period he shall be deemed to have withdllavn his application

(4) The request for a hearing which shaH be accompanied by the presoribed fee shall be made in writing to the RegistraI who upon receiving same shall give the applicant at least one months nobice in writing of the date and time when he may be heard

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 22: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

311

Rejection of49 (1) If after a hearing or after consiticfution of the apshyapplicationplicants amendments or o[)s6rvations in writing the Regtrar reshy rr cond~tioDshy

jecbs bhe applioation Y accepts it subjectto any amendmtmts moshy al accepbmce cHficaHons oonditions disclaimers or IlmltatlOILS to whIch the to whIch

applicantapplicant ~bjects he shall communicate his decision to the appiishyobjects

cant in writing (2) The applicant may within one month from the date of

suCh communicatJion upon payment of the prescribed fee reques the Regilst~ar to state in wliting the grounds of his decision 3nd nhe materi~a1s used by him in arriving thereat

Acceptance50 (1) If the Registrar accepts the application uncondishy of appl~cashytionally Of acceptJs it subject to any conditions ()f limitations to nOn publicshywhich the applicant does not object he shall proceed to publih tion supply

C1f pIlinstingthe applioation setting out blook

(a) the filing date (b) the representation of the mark (c) the goods or servic-es in respect of which the registrtshy

tion of bhe mark is requested with an indication of the corresponding class or ClaSlSes of the International Classhysification

(d) the name and address of the applioant and (e) the name and address of the agent if any

(2) For the purposes of the publication required under secshytion 28 and this regulation the Registrar may in writin~ request the app1icant to supply a printing block of such dimensions as he may ooIlSider approp~iate the dimensions of which shall not ecceed 30 X 21 centimetres

51 (1) The notice of Opposi tion under section 2R (lt1) ~hll be given within three months from the date of the publioation reshyferred to in regulation 50 on Form NO 8 as set out in the Second Schedule together with payment of the prescribed fee and accomshypanied by supporting evidence if any

(2) The cOunter-statement referred to in section 28 (5) shall be subject to payment of the prescribed fee and shall be sriven within two months from the date the notice of oppnsition i sent to the applicant in writing stating the grounds upon which the applil~nt relies for his application and accompanied by supportshymg eVlltieneuro If any

(3) The request for a hearing under section 28 (f)) shall be made to nhe Registrar in writing at any time after the iWna

of tJ~ notice of opposition but not later than one month af+cr th~ eXlplry of the prescribed period for filing the counter-statement Th~ RegIstrar shall give the parties at least one months vrritten ~otlCe 00 t~e date set for the hearing and each plrty shal~ wi thshyIn bhat penod pay the prescribed fee fOT the hearing

(4) Where the opponent or the applicant does not reside or carry on busineSIS in Lesotho the Registrar may require him to

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 23: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

312

RegistIrlItOOn at MUk publication t1heroo Issu anca 00 certi ficA te

R~ (Jf

reg1StnItIOl1

give security rOO tJhe costs of the opposition proooodings fur such amount as the Registrar thinks fit

(5) Where the Registrar decides to register the mark as proshyvided in section 28 (8) he shall notify the opponent and the apshyplicant in writing stating the reasons for his decision and in the case of the applicant requesting him to pay the registration fe-e within one month from the date of the notification

(6) Where the Registrar decides to refuse to register the mark as provided in section 28 (8) he Slhall notJify the opponent and the applioant in writing stating the reasons for his decishysion

52 (1) Subject to the payment of the registration fee withshyin the period prescribed in regulation 51 (5) the Registrar shall register the mark in accordance with Slection 28 (8) and this reshygulation

(2) The Registrar shall allot to each mark he registers a number in the sequential oroer of registration

(3) The registration of a mark shall include (a) a representation of the mark Cb) the number of the mark (c) the name and address of the regigtered owner Cd) the name and address of the agent if any (e) the fHing date and date of registration (f) if priority has been claimed and the claim has been acshy

cepted the country or countries in vhich or ~ Whidh the earlier applioation was filed and

(g) the list of goods or services in respect of which the reshygistraUon of the mark had been made with an indicashytion of the corresponding class Or classes of the Intershynational Classification

(4) The publioation o~ the registration of a mark under secshytion 28 (8) shaN contain the particulars specified in sub-regulashytion (3)

(5) The certificate of Iegistration of a mark shall be issued on Form NO9 as set out in the Second Schedule

53 (1) The request for renewal of the registration CYf a mark under section 29 (5) may be made during the six month period preceding the expiry of the registration and shaH be signed by the registered owner or his agent

(2) The renewal shal1 be subject to payment CYf the renewal tee whioh shall be made within the period speoified in sub-regushylation (1) or upon payment of the prescribed surcharge within the gllace period allowed under section 29 (6)

(3) The renewal of the registration of a mark shall be reshycorded iTl the register and shall be published

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 24: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

313

(4) The Registrar shall issue to t1he registered owner a cershytificate 01 renewal which shall contain

(a) the registration number of bhe mark (b) the date of renewal and the date of the expiry (c) the name and address of the registered owner and (d) the list of goods or services in respect of which the mark

has been registered with an indication of the correspondshying class or classes of the International Classification

54 Regulations 40 to 53 shall apply mutatis mutandis to collective marks subject to the following

(a) an application for registration 01 a collective mark shall not be accepted unless in the application for reshygistration the mark middotis designated as a collective mark and unless the application is accompanied by a copy of the conditions governing the use of the mark duly cershytified by the applicant No legalization of such certifishycation shall be required

(b) the conditions governing the use of the collective mark shall define the common characteristics or quality of the goods or services which the collective mark shall deshysignate and the conditions under which and the persons by whom it may be used they shall provide for the exercise of effective control of the use of the mark in compliance with those conditions and shall determine adequate sanctions for any use contrary to the said oonshyditions

(c) a copy of the conditions governing the use of the mark shall be appended to the registration of a collective mark

(d) publication of the registration of the collective mark in accordance with section 28 (8) shall include a summary of the conditions appended to the registration

(e) notification of changes effected in the conditions govshyerning the use of the mark shall be in wri ting

(f) all notifications of such changes shall be recorded in the register Changes in the condi tions shall have no effect until such recording is made A summary of the recoreshyed changes shall be published

(g) for the purposes of use of the collective mark in CODshy

nection with section 30 (4) the registered owner of a collective mark may use the mark himself Dlwiden it is also used by other autholised persmiddotoDs in- 1cYlrd2Wpound with the conditions governing such use use hl such nrshysons shall be deemed to be use by the regilgter0d owner

55 (1) A request under section 30 or 31 (4) for the invalishydation of a mark or for its removal from the register on the grounds of non-use shall be made to the Registrar in writIng- and shall be signed by the applicant The requ(st shall be subject to

Oollectave MarQ

Invalidashytion Removal on th-e ground of nltm-use

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 25: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

314

Chmges in ownersrull Licence oontracts

Appointshymerut of agent address fur servdce

Excluded days

S~hes in registers request for extTactB theretrom and lI()T oopie6 of document

payment of the prescribed fee and shall be accompanied by a statement signed by the applicant indicating the nature of his inshyterest and the grounds upon which he relies

(2) The pr)l(edure set out in regulation 51 shaH apply mutatis mutandis

(3) The removal of a mark from the regisier on the grounds of non-use shall be published

PART VI - GENERAL

56 (1) The request under section 36 for the reooniing of a change of ownership of a title granted under the Order OT of an application therefnr shall be made to the Registrar on Form No_ lO as set out in the Second Schedule and shall be subject to payshyment of the prescribed fee

(2) The publication of the change of ownership shall spectshyfy

(a) the title of protection concerned (b) the filing date and the date of registration or grant (c) tJhe owner and the new owner and (d) the nature of the change of ownership (3) A llicence contract submitted rOT recOrdal under section

36 (5) Shall be accompanied by the prescI1ibed fee

(4) Where under section 36 (6) the RegistIlar invites the parties to a contract to modify the contract the parties shall resshypond to the invitation within two months of the date thereof or within such extended period as the Registrar may allow and upon a request made by the parties the Registrar shall give them an opportunity Of being heard

57 The appointment of an agent shall be by a power of atshytorney Which shall be signed by the applicant or if there are more than one applioants by each applicant The address of the agent shall for all purposes connected with the Order and these Regulations be treated as the address to which communications to the person or peTsons who appointed the agent shall be transshymitted

58 When the last day for dOing any act or taking any proshyceeding falLs on a day when the Registry is not open to the pushyblic for business it shall be Lawful to do the act or to take the proceeding on the day when the Registry is next open fOT busishyness

59 Searohes in the registern shall be subject to payment (Jf the presCIlibed fee Requests fur certified copies )If extracts from the register or for copies of documents shall be made to the Reshygistrar and shall be subject to payment )If the prescribed fee

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 26: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

815

60 Correction of errors under section 40 may be made by the Registrar upon receipt of a request in writing and subject to such tenns as he may consider appropriate or on his own initiashytive Corrections made shall be communicated in writing tb all interested persons and where considered necessary shall be pushyblished by the Registrar

61 (1) Before exercising adversely to any person any disshycretionary power given to the Registrar by the Order or these Regulations the Registrar shall notify such person in writing of the opportunity to be heard and indicating a time limit which shall not be less than one month for filing a request for a hearshying

(2) The request for a hearing shall be in writing and shaH be subject to payment of the prescribed fee

(3) Upon receiving such request the Registrar shall give the person applying and any other interested persons at least tMgt weeks notice in writing of the date and time of the hearing

M B Khaketla Minister responsible for Lmo Constitutional and Parliamentary Affairs

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 27: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

316

FIRST SCHEDULE (Regulation 2) FEES

REGISTRARS OFFICE LESOTHO

Column 1 Column 2 Column 3

Form N01

Matter or Proceeding Amount of Fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates

1 Application for a patent 2 Each divisionalapplication for

10000 25000 Form N01

a patent 3 Application for a utility model

10000 25000 Form N 01

certificate 4 Each divisional application for

5000 15000 Form N 01

a utility model certificate 5 Amendment of application at

3000 20000

instance of applicant 6 Correction of application on

2000 10000

request of Registrar 7 Preparation of abstract by

2000 10000

Registrar 2000 10000 8 Grant and publication fee 9 Annual fees for patents

12000 35000

1 st anniversary of filing 2500 4500 2nd anniversary of filing 10000 20000 3rd anniversary of filing 12000 22000 4th anniversary of filing 14000 240 00 5th anniversary of filing 16000 26000 6th anniversary of filing 18000 28000 7th anniversary of filing 20000 30000 8th anniversary of filing 22000 32000 9th anniversary of filing 24000 34000

10th anniversary of filing 26000 36000 11th anniversary of filing 28000 38000 12th anniversary of filing 30000 40000 13th anniversary of filing 32000 42000 14th anniversary of filing 34000 44000

Where the term is extended for 40000 50000 each year

small entities means any business concern (i) whose number of employees

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 28: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

i 317

including those of its affiliates does not exceed 500 persons and (ii) which has not assigned granted conveyed or licensed the title of protection or the right thereto and is under no obligation under contract or law to dp so

The above-mentioned regarding the obligation to assign etc also applies to individuals The Registrar shall determine whether an entity IS eligible as a small entity

Form No4

Form No5

Matter or Proceeding Amount of fee in Maloti

Form

Application by Application by individuals or bodies other small entities than small

entities

Patents and Utility Model Certificates (contd)

10 Annual Fees for utility model certi ficates

I st anniversary of fi ling 2000 4000 2nd anniversary of filing 2500 6000 3rd anniversary of filing 3000 8000 4th anniversary of filing 3500 10000 5th anniversary of filing 4000 12000 6th anniversary of filing

I I Surcharge for late payment

4500 14000

of annual fee 12 Request for extension of

2000 10000

duration of a patent 13 Request for grant of a nonshy

12600 25200

voluntary licence 14 Request for conversion of a

patent application into an application for a utility model certificate and vice

10000 25000

versa

Industrial Designs

3200 8400

15 Application fee 16 Correction of application on

3000 6000

request of Registrar 17 Registration and publication

1000 2000

fee 18 Renewal fee

3000 6000

(a) first renewal 3200 6400 (b) second renewal

19 Surcharge for late payment 3600 6800

of renewal fee 2000 4000

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 29: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

3 I 8

Matter or Proceeding Amount of Fee Form in Maloti

Application by Application by individuals or bodies other small entities than small

entities

(contd) Marks 20

21

22

23 24 25

26 27

28

29

30

31

32

33

34 35

Application fee (a) for reg istration of a mark in one class (b) for registration of a mark in each additional class Request for statement of grounds for decision of Registrar Filing notice of opposition Filing counter-statement Filing request for hearing Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) Registration fee Renewal fee (a) for a mark in one class (b) for a mark In each additional class Surcharge for late payment or renewal fee Filing request for invalidation of mark or for removal of mark from Register on grounds of non-use

GENERAL Filing request for recordal of change in ownership Submission of licence contract for recordal Inspection of Register (for every quarter of an hour or part thereof) Certified copies of

documents (per page) Change of address Filing request for hearing

6000

1000

5000

2000

1200 3000

4000 4500

6000

2000

3000

2000

3000

3000

2000

200 1000 3000

12000

2000

10000

4000

2400 6000

8000 9000

12000

4000

6000

4000

6000

6000

4000

400 2000 6000

Form N 07

Form N08

I

j

Form No l()

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 30: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

319

SECOND SCHEDULE (Reg 3 (I) ) FORMS

REGISTRARS OFFICE LESOTHO

Form No J (Reg9(1) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

1 TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

1 I I AGENT The following agent has been appointed by the applicant(s) in the powel of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR

The invetor is the applicant Additional information is contained

-

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 31: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

319 SECOND SCHEDULE (Reg 3 (I) )

FORMS REGISTRARS OFFICE LESOTHO

Form No I (Reg9(l) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF PATENT OR UTILITY MODEL CERTIFICATE

To The Registrar Registrars Office PO Box 33 Maseru 100

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THE GRANT OF A D PATENTD UTILITY MODEL CERTIFICATE IN RESPECT OF THE FOLLOWING PARTICULARS

I TITLE OF INVENTION

II APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental box) Additional information is contained in supplemental box

Name

Address

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

I I I AGENT The following agent has been appointed by the applicant(s) in the power of attorney D to be filed within one month D accompanying this Form

from the filing of this Form Name

Address

Telephone No

IV INVENTOR The invetor is the applicant Additional information is contained

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 32: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

1_3=~_O________~__________________________________________

Form No I (contd)

D in supplemental box D If the inventor is not applicant

Name

Address

The statement justifying the applicants right accompanies this Form 0 V DIVISIONAL APPLICATION

This application is a divisional application D The benefit of the D Filing date D priority application is claimed inasmuch as the subject

date of the matter of the

initial present

application is contained in the initial application identified below

Initial application No

Date of filing of initial application

VI DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

Disclosure occurred not more than six months before the filing date or priority date of the present application

By reason or in consequence of acts of the applicant or his predecessor D in title by reason or in consequence of an abuse committed by a third party

D with regard to the rights of the applicant or his predecessor in title

Additional information is contained in a statement accompanying

this FormD -shyVII PRIORITY DECLARATION (if any)

The priority of (an) earlier aPElication(s) is claimed as follows -The priority of more than one earlier application is claimed the data are indicated in the supplemental box D

Country (if the earlier application Filing date is a regional or international applica- Application No tion indicate the office with which and the countries for which it was Symbol of the International filed) Patent Classification

D Not yet allocated

The certified copy of the earlier application

accompanies this Form D

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 33: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

321 Form No I (contd)

will be furnished upon request by the Registrar as prescribed D by Regulation 19(5)

The certified English translation of the earlier application

D accompanies this Form

D will be furnished upon request as prescribed by Regulation 19(7)

VIII SUPPLEMENTAL BOX

IX CHECK LIST

A This appiication contains the B This Form as filed is following accompanied by the items ticked

below1 request sheet(s) D separate signed power of 2 description sheet(s) attorney3 claim(s) sheet(s) D statement justifying the 4 abstract sheet(s) applicants right 5 drawing(s) sheet(s) D statement that certain disclosuresmiddot b~ disregardedTotal sheets D priority document(s) (certified copy of earlier application(sraquo

D certified English C Figure number of the drawings translation of earlier(if any) is suggested to accompany the application(s) on which abstract for publication priority declaration is based

D application fee

D other document(s) (specify)

X SIGNA TURE(S) (Applicant(s) Agent) (Date)

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 34: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

322 Form No I (contd)

TO BE FILLED IN BY THE REGISTRAR

-I Date of receipt of corrections or later filed documents completing

the application

2 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued))

Type name(s) under signature(s) and delete whichever does not apply

(Form No I third and last page)

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 35: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

323

REGISTRARS OFFICE LESOTHO

Form No2 (Reg27 (3) ) INDUSTRIAL PROPERTY ORDER

(19) LS (LESOTHO)

(12) PATENTUTILITY MODEL CERTIFICATE (Front Page)

(11) Publication No (51) Int CIA

(21 ) Application No (73) Owner(s)

Name(s) Address(es)

(22) Filing date

(30) Priority

(45) Date of publication (72) Inventor(s) Name(s) Address(es)

(24) Effective date of grant

(56) DocumentsReferences cited of prior art (74) Agent

Name Address

(54) Title (57) Abstract (with the most illustrative of the drawings if there are any)

The description and claims are attached hereto and form an integral part hereof Drawings are attached hereto and form an integral part hereof

Additional information or comments

The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes) as defined in WIPO Standard ST 9 whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied The list of definitions of the bibliographic data with their corresponding INID codes are published in the World Intellectual Property Organization (WIPO) Handbook on Patent Information and Documantation

Delete whichever does not apply

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 36: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

324 REGISTRARS OFFICE LESOTHO

Form No3 (Reg27 (6) ) INDUSTRIAL PROPERTY ORDER

Cert i ficate of grant of patent UTILITY MODEL CERTIFICATE

In accordance with Section 12 (2)(b) of the Industrial Property Order 1989 it IS hereby certified that a patentutility model certificate having the No has been granted to

Name(s)

Address(es)

on (date) in respect of an invention disclosed in an application for that patentutility model certificate having a

Filing date

Priority date

being an invention for (title)

Dated this day of 19

Registrar

I

Delet~ whichever does not apply

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 37: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

ns REGISTRARS OFFICE LESOTHO

Form No4 (Reg31 (I) ) INDUSTRIAL PROPERTY ORDER

REQUEST FOR GRANT OF NON-VOLUNTARY LICENCE ON GROUNDS OF NON-WORKING OR INSUFFICIENT WORKING

To The Registrar Registrars Office PO Box 33 Maseru lOa

For Official Use

Application received on

Fee received on

Date of mailing

Applicants or agents file reference

1 IN THE MATTER OF

D Patent No Date of Grant

D Utility Model Certificate No

II APPLICANT

Name

Address

Address for service in Lesotho

Nationality

Country of residenoe or principal place of business

Telephone No Telegraphic Address Telex No

III REQUEST

The above appl icant hereby requests the Registrar in respect of the patentutility model certificate identified above to grant a non-voluntary licence under section 15 of the Industrial Property Order 1989 in accordance with the terms proposed and upon the grounds set out below

IV PROPOSED TERMS Amount and conditions of payment of remuneration Conditions of exploitation of invention Others

V FACTS JUSTIFYING GRANT

Delete whichever does not apply (Form No4 first page)

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 38: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

326

Form No4 (contd)

IV ADDITIONAL INFORMATION

The following items accompany this Form

- evidence that the owner of the patentutility model certificate has received a request from the applicant to obtain a licence but that the applicant has been unable to obtain such a licence on reasonable terms and within a reasonable time - plan according to which the applicant intends to work the invention including evidence that he has the ability to do so in Lesotho

D Other (specify)

VII SIGNATURE(S)

(Applicant(s) Agent) (Date)

Delete whichever does not apply Type name(s) under signature(s) and delete whichever does not apply

(Form No4 second and last page)

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 39: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

327

REGISTRARS OFFICE LESOTHO

Form No5 (Reg35 (1) ) INDUSTRIAL PROPERTY ORDER APPLICA TION FOR REGISshyTRA TION OF INDUSTRIAL DESIGN To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

APPLICATION No

(Offices Stamp)

FILING DATE

Applicants or agents file reference

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INshyDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS

I APPLICANT(S) (The data concerning each applicant must appear in this box or if the space is insufficient in the supplemental bOAdditional information is contained in supplemental box

Name

Address

Nationality r-----

Country of~residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT The following agent has been appointed by the applicant(s) in the power 01

attorney

D to be filed within one monthD accompanying this Form from the filing of this Form

Name

Address

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 40: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

328 Form No5 (contd)

Telephone No

111 CREATOR The creator is the applicant D Additional information is contained

in supplemental box D If the creator is not applicant Name

Address

The statement justifying the applicants right accompanies this Form

D IV REPRESENTATIONS OF THE INDUSTRIAL DESIGN SPECIMEN

This Form is accompanied by

D four graphic representations

D four drawings or tracings

D a specimen of the industrial design

V PRODUCTS

The kind of products for which the industrial design is to be used is (are) the following

VI PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows

-Country Filing Date

Application No

The priority of more than one earlier application is claimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII FEES accompany this Form D

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 41: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

329

Form No5 (contd)

VIII SUPPLEMENTAL BOX

IX SIGNATURE(S) (Appl icant( s) Agent) (Date)

TO BE FILLED IN BY THE REGISTRAR

1 Date application received

2 Date of receipt of corrections or later filed documents completing the application

3 Date fees received

Use this box if any of the boxes is not large enough to contain the information to be furnished Indicate the boxes continued in this box by their Roman numerals and title (eg II APPLICANT(S) (continued)) Type name(s) under signature(s) and delete whichever does not apply

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 42: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

330

Form No6 (Reg 38 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF INDUSTRIAL DESIGN

In accordance with Section 23(4) of the Industrial Property Order 1989 it is hereby certified that an industrial design having the registration No has been registered in the name(s) of

Name(s) Adddress( es)

on (date)

in respect of an industrial design disclosed in an application for registration of that industrial design having a

Filing date

Priority date

being an industrial design for (products)

created by

Name

Address

A copy of the reproduction of the industrial design accompanies this certificate

Dated this day of 19

Registrar

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 43: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

331

REGISTRARS OFFICE LESOTHO

Form No7 (Reg 41 42 amp 43) INDUSTRIAL PROPERTY ORDER

APPLICATION FOR REGISshyTRATION OF A MARK

To The Registrar

Registrars Office PO Box 33 Maseru

For Official Use

Date of Receipt by Registrars Office

Application No (Offices Stamp)

FILING DATE

Applicants or agents file reference

1 THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS

Name(s)

Address(es)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

II AGENT

The following agent has been apointed by the applicant(s) in the power of attorney

D accompanying this Form D to be filed within one month from the fIling of this Form

Name

Address

Telephone No

III COLLECTIVE MARK

D This application for registration concerns a collective mark

D The conditions governing the use of a collective mark are attached

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 44: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

I i

I bull

332

Form No7 (contd)

IV REPRODUCTION OF MARK Three additional reproductions on separate~ sheets are affixed

Transliteration accompanies application

Translation accompanies application bull shyFees accompany application

r

V CLASSES

Registration is requested in respect of the following goods andor services) listed under the applicable classes of the International Classification

VI PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows

l

-Country Filing Date

Application No

Tne priority of more than one eurlier apl-(ation is cbimed the data are indicated in the supplemental box D The certified copy of the earlier application

D accompanies this Form

D will be furnished within three months of the filing of this Form

VII ADDITIONAL INFORMATION accompanies this Form (speci

D VIII SIGNATURE(S)

(Applicant(s )agent) (Date)

Type name(s) under signature(s) and delete whichever does not apply ~Form No7 second and last page)

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 45: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

333

REGISTRARS OFFICELESOTHO

Form No8 (Reg 51 (1) ) INDUSTRIAL PROPERTY ORDER

NOTICE OF OPPOSITION TO

For Official Use

Notice received on

REGISTRATION OF MARK

To the Registrar Registrars Office

No of opposition

PO Box 33 Maseru 100

In the matter of Application No for Registration of a Mark

IIWe

of

give notice of myour intention to oppose the registration of the above

identified mark published for class(es) in the Gazette of the

day of 19 No Page

The grounds for this opposition are as follows

Name of agent (if any)

Address of agent

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 46: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

334 REGISTRARS OFFICELESOTHO

D Supporting evidence accompanies this Form

D Power of Attorney accompanies this Form

D Fees accompany this Form

Date 19 Signature(s) (Opponent(s)1 Agent)

Delete whichever does not apply Continue on a separate sheet if the space provided is insufficient

Type name(s) under signature(s) and delete whichever does not apply

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 47: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

335

REGISTRARS OFFICE LESOTHO

Form No9 (Reg 52 (5) ) INDUSTRIAL PROPERTY ORDER

CERTIFICA TE OF REGISTRATION OF MARK

In acc-ordance with section 28(8) of the Industrial Property Order 1989 the mark shown above being a collective mark has been registered in the Register under No

il of the in class(es) (date)

in respect of (goods andor services)

in the nan1e of of (address)

Dated this day of 19

Registrar Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year periods This certificate is not for use in legal proceedings or for obtaining registration abroad

lt-Delete if necessary

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 48: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

336

REGISTRARS OFFICE LESOTHO

i

bull1

I

Form No 10 (Reg 56 (1) ) INDUSTRIAL PROPERTY ORDER

RECORDING OF CHANGE IN OWNERSHIP

To The Registrar PO Box 33 Maseru 100

For Official Use

Received on

I IN THE MATTER OF

D Patent Application No

D Application for Utility Model Certificate No

D Application for Registration of Industrial Design No

D Application for Registration of Mark No

D Patent No

D Utility Model Certificate No

D Industrial Design No

D Mark No

Filing Date

Filing Date

Filing Date

Filing Date

Date of Grant

Date of Grant

Date of Registration

Date of Registration

U APPLICANT(S)OWNER(S) Name(s) Ii Add ress( es)

) III REQUEST

t

The Registrar is hereby requested to record the change in ownership of the above- identified ] The present applicant(s)owner(s) isare identified above The new applicant(s)new owner(s) isare indentified below

IV NEW APPLICANT(S)NEW OWNER(S) ~ Name(s) (

Address(s)

Address for service in Lesotho

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 49: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

337

Form No 10 (contd)

Nationality

Country of residence or principal place of business

Telephone No Telegraphic Address Telex No

Delete whichever does not apply ~ Indicate application or title concerned

V ADDITIONAL INFORMATION

The following items accompany this Form

D the original or a certified copy of the document evidencing the change of ownership signed by or on behalf of the contracting parties

D other documents evidencing the change in ownership (specify)

Dfees

D other (specify) D approval of the Minister

VI SIGNATURES (New Applicant(s)New Owner(s) ) (Date)

(Applicant(s)Owner(s) ) (Date)

Required where the request is in respect of a collective mark Type name(s) under signature(s) and delete whichever does not apply

(Form No 10 second and last page)

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 50: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

THIRD SCHEDULE (regulatio~1 40)

INTERNATIONAL CLASSIFICATION

LIST OF CLASSES OF GOODS AND SERVICES

Goods

Class 1 Chemicals used in industry science and photography as well as in agriculture horticulture and forestry unprocessed artificial resins unprocessed plastics manures fire extinguishing composition tcmpering and soldering preparationsJ chemical substances for preserving foodstuffs tanning substances adhesives used in industry

Class 2 Paints varnishes lacquers preservatives against rust and against Lleterioration of wood colourants mordants raw natural resins metals in foil andl powder form for painters decorators printers and artists

Class 3 Bleaching preparations and other substances for laundry use cleaning polishing scouring and abrasive preparations soaps perfumery essential oilsf l()smetics hair lotions dentifrices

Class 4 Industrial oils and greases lubricants dust absorbing wetting and bindinJ compositions fuels (including motor spirit) and illuminants candles wicks

Class 5 Pharmaceutical veterinary and sanitary preparations dietetic sUbstancel adapted for medical use food for babies plasters materials for dressing materia 1m stopping teeth dental wax disinfectants preparations for destroying vermin fungicides herbicides

Class 6 Common metals and their alloys metal building materials transportabll b~ildings of metal rnaterds of metal for railway tracK non-electric cables and wire oj common metal lronmongery small Items leti hardware pipes and tubes 0

metal safes goods of common metal not included in other classes ores

Class 7 Machines and machine tools (ei cpt for land vehicles) machine couplinf and belting (except for land vehicles) agricultural implements incubators for egga

Class 8 Hand tools and implements (hand operated) cutlery side arms razor Class 9 Scientific nautical surveying electric photographic cinematographi optical weighing measuring signalling checking (supervision) life-saving an teaching apparatus and instruments apparatus for recording transmission reproduction of sound or images magnetic data carriers recording discs automat vending machines and mechanisms for coin-operated apparatus cash register calculating machines data processing equipment and computers fire-extinguishi apparatus

Class 10 Surgical medical dental and veterinary apparatus and instruments anificl limbs eyes and teeth orthopedic articles suture materials

Class 11 Apparatus for lighting heating steam generating cooking refrigeratill Jrying ventilating water supply and sanitary purposes

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 51: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

Class 12 Vehicles apparatus for locomotion by land or water

Class 13 Firearms ammunition and projectiles explosives fireworks

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith not included in other classes jewellery precious stones horological and chronometric instru11ets

Class 15 Musical instruments

Class 16 Paper cardboard and goods made from these materials not included in other classes printed matter bookbinding material photographs stationery adhesives for stationery or household purposes artists materials paint brushes typewriters and office requisites (except furniture) instructional and teaching material (except apparatus) plastic materials for packaging (not included in other classes) playing cards printers type printing blocks

Class 17 Rubber gutta-percha gum asbestos mica and goods made from these materials and not included in other classes plastics in extruded form for use in manufacture packing stopping and insulating materials flexible pipes not of metal

Class 18 Leather and imitations of leather and goods made of these materials and not included in other classes animal siUns hides trunks and travelling bags umbrellas parasols and walking sticks whips harness and saddlery

Class 19 Building materials (non-metallic) non-metallic rigid pipes for building asphalt pitch and bitumen non-metallic transportable buildings monuments not of metal

Class 20 Furniture mirrors picture frames goods (not included in other classes) of wood cork reed cane wicker horn boneivory whalebone shell amber mothershyof-pearl meerschaum and substitutes for all these materials or of plastics

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith) combs and sponge brushes (except paint brushes) brush-maiUng materials articles for cleaning purposes steel wool un worked or semi-worked glass (except glass used in building) glassware porcelain and earthernware not included in other classes

Class 22 Ropes string~ nets tents awning tarpaulins sails sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics) raw iibrous textile materials

Class 23 Yarns and threads for textile use

Class 24 Textiles and textile goods not included in other classes bed and table covers

Class 25 Clothing footwear headgear

Class 26 Lace and embroidery ribbons and braid buttons hooks and eyes pins and needles artificial flowers

Class 27 Carpets rugs mats and matting linoleum and other materials for covering existing floors wall hangings (non-textile)

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services
Page 52: LESOTHO Government Gazette - · PDF filellSiSuance of CM"tiflicate 39. Renewal CY! RegistI1a11ion Part V ... be numbered consecutively 'inaI'labic nu ... inventi,Oll bUlt which, 'in

340

Class 28 Games and playthings gymnastic and sporting articles not included in other

classes decorations for Christmas trees

Class 29 Meat fish poultry and game meat extracts preserved dried and cooked fruits and vegetables jellies jams eggs milk and milk products edible oils and fats salad dressing preserves

Class 30 Coffee tea cocoa sugar rice tapioca sago artificial coffee flour and preparations mane from cereal bread pastry and confectionary ices honey treacle yeast baking-powder salt mustard vinegar sauces (except salad dressings) spices ice

Class 31 Agricultural horticultural and forestry products and grains not irWluded in other classes living animals fresh fruits and vegetables seeds natural plants and tlowers foodstuffs for animals malt

Class 32 Beers mineral and aerated waters and other non-alcoholic drinks fruit drinks and fruit juices syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beer)

Class 34 Tobacco smokers articles matches

Services

Class 35 Advertising and business

Class 36 Insurance and financial

Class 37 Construction and repair

Class 38 Communication

Class 39 Transportation and storage

Class 40 l1u(ria treatment

Class 41 Education and entertainment

Class 42 Miscellaneous

ted hy the (i(LfnlllLnt PrilllLr Po H(x 20M MaLrli

  • PART I _ PRELIMINARY
    • Citation and Commencement
    • Fees First SChedule
    • FormsSecondSchedule
    • Language of documents and translations
    • Indication of Name Address Nationality and Residence
    • Signature by partnerships companies and associations
    • Represantation by agent
      • PART II - PATENTS
        • APPLICATIONS AND PROCEDURE FOR GRANT OF PATBNTS
          • Classification of patents
          • Request for grant of a patent second schedule
          • Description
          • Claims
          • Drawings
          • Abstract
          • Measures terminology and signs
          • Number of copies and physical requirements
          • Unity of invention
          • Division of application
          • Disclosures to be disregarded for prior art purposes
          • Declaration of priority and translation of earlier application
          • Time for furnishing information ceoncerning corresponding foreign applications Patents and other titles of protection
          • Withdrawal of application
          • Marking application
          • Second Schedule
          • According and motifying filing date
          • Examination as to form
          • Examination as to substance and decision to grant of refuse to grant patent
          • Examination as to novelty and inventive step
          • Grant of patent publication thereof issuance of certificate
          • Exploitation of patented invention by Government or by third persons authorised by Government
          • Extension of duration of patent
          • Annual fees
          • Non-Voluntary Licences
          • Invalidation
              • PART III UTILITY MODEL CERTIFICATES
                • Provisions relating to patents to apply to utility model certificates
                  • PART IV - INDUSTRIAL DESIGNS
                    • Provisions relating to patents to apply to industrial designs
                    • Application for registration of an industrial design
                    • Number and size of representations and specimen
                    • According and notifying filing date Examination Decision to grant or refuse application
                    • Registration of industrial design publication thereof issuance of certificate
                    • Renewal of registration
                      • PART V - MARKS
                        • Classifications of Marks Third Schedule
                        • Application for registration of a mark
                        • Reproduction of the mark
                        • Transliteration and translation of the Mark
                        • Declaration of priority and translation of earlier application
                        • Copy of earlier application
                        • Withdrawal of application
                        • Marking of the application and filing date
                        • Objection to or conditional acceptance of application Hearing
                        • Rejection of application or conditional acceptance to which applicant objects
                        • Acceptance of application publication supply of printing block
                        • Opposition
                        • Registration of Mark publication thereof issuance of certificate
                        • Removal of registration
                        • Collective Marks
                        • Invalidation Removal on the ground of non-use
                          • PART VI - GENERAL
                            • Changes in owenership Licence contracts
                            • Appointment of agent address for service
                            • Excluded days
                            • Searches in registers request for extracts therefrom and for copies of documents
                            • Correction of errors
                            • Hearing
                              • FIRST SCHEDULE
                              • SECOND SCHEDULE
                              • THIRD SCHEDULE
                                • Goods
                                • Services