The short answer
A Botswana trade mark registration expires 10 years after the filing date and can be renewed for consecutive 10-year periods. If the renewal fee is late, a 6-month grace period applies with a surcharge, after which the rights lapse. A mark can be removed after 3 or more continuous years of non-use. Applicants outside Botswana must be represented by a Botswana legal practitioner.
Trademark deadlines in Botswana at a glance
These rules come from the Industrial Property Act, 2010 (No. 8 of 2010), in force since 31 August 2012, as published on the website of the Companies and Intellectual Property Authority (CIPA). Time limits such as the opposition period are set by the Industrial Property regulations, so we confirm them with the Registrar before filing.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years after the filing date, renewable for consecutive periods of 10 years (Section 85(1)). |
| Which date does the term count from? | The filing date of the application for registration (Section 85(1)). |
| When can I renew? | Renew by written request and payment of the prescribed renewal fee before the 10 years end (Section 85(1)). |
| Is there a grace period? | Yes. If the owner is late in paying the renewal fee, the Registrar gives a 6-month grace period on payment of a surcharge. The rights lapse immediately after the 6 months (Section 85(2) and (3)). An owner who loses rights can ask for reinstatement within 2 months, giving reasons (Section 88). |
| Opposition period | After the Registrar accepts the application and publishes it in the Journal, any person can give notice of opposition on the grounds in Section 74(2) within the period set by the regulations. The Registrar's published notices use 3 months from publication, so we confirm the current period (Sections 78 and 79). |
| Reply to an office action | The Registrar examines the application and tells the applicant if it does not comply. The Registrar must give the party a chance to be heard and to remove missing requirements before refusing (Sections 78 and 132). When the opposition is lodged, the applicant files a counter-statement within the prescribed period. |
| Priority claim | The right of priority under Article 4 of the Paris Convention applies, which is 6 months for marks. The Registrar can restore a lost priority right on request within 2 months in cases of due care (Sections 17 and 76(2)). |
| Non-use | Any interested person can apply to remove a mark for goods or services if, up to one month before the application, the mark was not used in Botswana by the owner or a licensee for a continuous period of 3 or more years after registration. The owner can show circumstances that prevented use and no intention to abandon the mark (Section 87). |
| Assignment | Rights in a mark can be transferred by cession, assignment, testamentary disposition or operation of law (Section 84). We record the transfer with the Registrar so the register shows the new owner. Licence contracts must contain quality control provisions (Section 92). |
Who can register a trademark in Botswana
Any person can apply to register a mark that meets the definition and the requirements in Section 74(2). The exclusive right to a mark is acquired by registration, so use alone does not give registered rights (Section 74).
Representation. An applicant whose ordinary residence or principal place of business is outside Botswana must be represented by a legal practitioner enrolled to practise in the courts of Botswana, or another person the Minister prescribes (Section 130).
Trademark registration process in Botswana
Search
- Search the the Registrar of Marks, Patents and Designs at the Companies and Intellectual Property Authority (CIPA) records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Marks, Patents and Designs at the Companies and Intellectual Property Authority (CIPA), through your Botswana legal practitioner.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the application is published in the Journal and anyone can oppose within the prescribed period, which the Registrar's notices give as 3 months (Section 79).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar of Marks, Patents and Designs at the Companies and Intellectual Property Authority (CIPA) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Botswana trademark validity and renewal
- The term is 10 years from the filing date.
- Renew by written request and fee before expiry.
- A 6-month grace period with a surcharge applies, then rights lapse.
- Use the mark in Botswana within 3 years to avoid removal.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Botswana trademark
Transfer
Change of ownership
Rights can be transferred by cession, assignment, testamentary disposition or operation of law (Section 84).
Licence
Licensing the mark
A licence contract must provide for quality control (Section 92).
Collective marks
Associations
Collective marks have their own rules in Sections 90 and 91.
Reinstatement
Lost rights
Apply within 2 months with reasons and pay the reinstatement fee (Section 88).
Non-use and cancellation of a Botswana trademark
Under Section 86, any interested person can apply to invalidate a registration on the grounds in Section 74(2), with effect from the date of registration. Under Section 87, any interested person can apply to remove a mark for 3 or more continuous years of non-use.
Keep dated proof of use in Botswana: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Botswana
Search the Registrar's records and the Industrial Property Journal published by CIPA. The opposition period runs from publication of the application in the Journal.
Sources used
- Industrial Property Act, 2010 (No. 8 of 2010), text published on the CIPA website: Sections 17, 74 to 80, 84, 85 to 88, 92, 130 and 132.
- Companies and Intellectual Property Authority (CIPA), Registrar of Marks, Patents and Designs, for the regulations, Journal and fees.
Botswana trademark FAQ
How long does a trademark last in Botswana, and from when?
10 years after the filing date, renewable for consecutive periods of 10 years (Section 85(1)). It counts from the filing date (Section 85(1)).
When should I renew a Botswana trademark, and is there a grace period?
Renew by written request and payment of the prescribed renewal fee before the 10 years end (Section 85(1)).
What is the opposition period in Botswana?
After the Registrar accepts the application and publishes it in the Journal, any person can give notice of opposition on the grounds in Section 74(2) within the period set by the regulations. The Registrar's published notices use 3 months from publication, so we confirm the current period (Sections 78 and 79).
How much does it cost to register a trademark in Botswana?
The official fee is set by the the Registrar of Marks, Patents and Designs at the Companies and Intellectual Property Authority (CIPA) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Botswana?
Yes, but the application must be made through a Botswana legal practitioner when the applicant lives or has its principal place of business outside Botswana (Section 130). We arrange this.
Can I assign a Botswana trademark?
Rights in a mark can be transferred by cession, assignment, testamentary disposition or operation of law (Section 84). We record the transfer with the Registrar so the register shows the new owner. Licence contracts must contain quality control provisions (Section 92).
Can a Botswana trademark be cancelled for non-use?
Any interested person can apply to remove a mark for goods or services if, up to one month before the application, the mark was not used in Botswana by the owner or a licensee for a continuous period of 3 or more years after registration. The owner can show circumstances that prevented use and no intention to abandon the mark (Section 87).
How can I check the status of a Botswana trademark?
Use the the Registrar of Marks, Patents and Designs at the Companies and Intellectual Property Authority (CIPA) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The right of priority under Article 4 of the Paris Convention applies, which is 6 months for marks. The Registrar can restore a lost priority right on request within 2 months in cases of due care (Sections 17 and 76(2)).
How do I change the owner's name or address?
Record the change with the the Registrar of Marks, Patents and Designs at the Companies and Intellectual Property Authority (CIPA) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Botswana
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