Botswana Trademark Registration

The registration of your trademark in Botswana will be processed through ARIPO Treaty, which includes protection in the following countries: Botswana, Cape Verde, Gambia, Lesotho, Liberia, Malawi, Namibia, Mozambique, Saint Tome and Principe, Swaziland, Tanzania, Uganda and Zimbabwe.

Attorneys - ARIPO

Welcome:

My name is Terence Hussein and I'm the representative Attorney in ARIPO.

I'll be personally in charge of your trademark registration process.

Your trademark registration will be processed in Botswana through the following steps:

Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.

Prices

Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.

Prices

Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.

Prices

Frequently Asked Questions

Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 16 months, if no objections or oppositions arise.
If I register my trademark in Botswana, do I have protection in other territories?

The protection for registered mark is limited only in Botswana.
Do I need to sign a Power of Attorney?

Yes. All applicants must sign a power of attorney.
Are there any benefits from a pre-filing use of the trademark?
Yes. The applicant can benefit from pre-filing use of the mark in the following ways:
- Can be used as a proof of mark’s distinctive qualities
- Can be used to overcome opposition on the ground of non-distinctiveness
- Notorious marks that are not yet registered are protected by court against infringement
Will there be problems in case I don’t use my trademark after registration?

When a registered mark is not used within 3 years from the date it was registered, it becomes vulnerable to cancellation.
What are the types of trademark that can be registered in Botswana?
Botswana trademark law accepts the following marks for registration:
- Names
- Words
- Slogans
- Colours
- Devices
- Holograms
- Some 3-dimensional shapes
- Get-up or trade dress
- Service marks
- Collective marks
What are the phases of application after a trademark has been filed in Botswana?
Trademark application in Botswana goes through 3 phases namely:
1. Examination – The mark is examined if it is registrable
2. Publication – The mark is published and made accessible to the public
3. Registration – The mark is finally registered once third party oppositions are dismissed
What type of trademark is not registrable?
Botswana trademark law prohibits the following marks from registration:
- Marks that do not follow the moral standards in Botswana or marks that contradict public policies or laws
- Marks that are considered as generic or common
- Marks that bear flags, symbols or emblem of any nation/state/region or international organization without consent
- Marks that do not show distinctiveness
- Marks that are primarily used as a geographic name
- Marks that are notorious or well-known
Does Botswana use the "Nice Classification" system?

Yes. Botswana follows the Nice Classification system.
Does the Community Trademark apply for Botswana?

The Community Trademark is not effective in Botswana.
Is there any possibility to claim priority in Botswana?
The applicant can claim priority if the following conditions are met:
- The applicant’s home country is a Paris Convention member
- The home application date was filed six months prior to filing of application in Botswana
- The applicant’s home country is World Trade Organization member
- An international registration is accepted in Botswana
What do I need to do to satisfy the use requirement?

Registered marks must be used for commercial purposes within 3 years from the registration date. Trademark use must occur in Botswana.
Once my trademark has been registered, for how many years will be valid?

A registered mark is valid for 10 years beginning on the date of application.
What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date when the application was filed.
Is it legal to use my trademark even if it is not yet registered?

Owners can legally use a trademark for goods/products even if it’s not yet registered.

Login to your account:

Botswana Trademark Registration