Botswana
Fees for registering Botswana trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark laws and regulations of Botswana are mainly based on the Industrial Property Law that came into effect on August 31, 2012. The Trademark Office is responsible for managing trademark affairs, and the official language is English. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Botswana adopts the principle of "use first".
Botswana is a party to the Paris Convention, WIPO Convention, TRIPS Agreement and other international intellectual property treaties, and is a member of the Madrid Protocol, so trademark registration can be handled through "single country registration" or "Madrid international registration".
Trademark Registration Process
At present, Botswana adopts the goods and services description of the 11th edition of the Nice Classification and accepts one form of multi category applications. The elements that can be registered as trademarks in Botswana include: words, graphics, colors, letters, numbers, etc.
If the applicant does not live in Botswana, he/she must entrust his/her own special agent. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process of applying for the registration of Botswana's trademark is: application - acceptance - examination - announcement - approval - issuance. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. Under smooth conditions, it will take about 2 years for Botswana to register its trademark; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The trademark of Botswana is valid for 10 years after registration, and the period of validity starts from the application date; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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