Botswana

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?
NA
NICE CLASSIFICATION

10th edition

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.

OAPI

ARIPO

International Arrangements

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.

Classification

Botswana follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

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.

Common Law and Well-Known Trade Marks

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.

Duration of Registration, Renewal and Non-Use

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 Recordal

Customs recordals are not possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Botswana is a member of the Paris Convention and the PCT and may claim priority or be designated from either system. It is furthermore also a member of the Harare Protocol and may be designated in an ARIPO patent application.

Types of Patents

Patents of invention.

ARIPO patents.

Novelty Requirements

Absolute novelty.

Grace Period/Prior knowledge excused

A twelve-month grace period is applicable.

Examination procedure

Formal examination is conducted and substantive examination is possible for patent applications, however substantive examination does not always occur and patents may go to grant without being examined.

Duration and Maintenance

A patent has a duration of 20 years from the date of filing.

Working requirement

There are no specific work requirements although the government may grant compulsory licenses on the basis that the market is not being supplied adequately.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

It is possible to obtain a national filing through ARIPO and convention priority may be claimed through the Paris Convention. An international application under the Hague Agreement may also designate Botswana.

Types of Designs

Any composition of lines or colours or three-dimensional form which gives a special appearance to a product of industry or handicraft is registerable. Functional designs are not recognised by the national legislation.

Classification

Classification is done according to the Locarno International Classification of Designs.

Novelty Requirements

Absolute novelty.

Grace Period/Prior knowledge excused

A grace period of 12-months applies where the design was disclosed by either the inventor or a third party.

Examination procedure

Only formal examination is conducted.

Duration and Maintenance

The duration of a design is 5 years, which is extendable for another two 5-years periods, for a total duration of 15 years.

Working requirement

No working requirement applicable.