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Botswana Trademark Registration 

The registration of your trademark in Botswana will be processed through ARIPO Treaty, which includes protection in the following countries: Botswana, Lesotho, Liberia, Malawi, Namibia, 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.
 
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A trademark attorney will process your trademark registration in Botswana through the following steps:

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

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

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


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