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Trade Mark Services & Trade Mark Lawyers
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Botswana is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property.
Botswana is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Although Botswana is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Botswana are enforceable in Botswana.
Botswana follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Well-known trade marks in terms of the Paris Convention and common law trade mark rights are recognised in Botswana in relation to trade names.
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs recordals are not possible.