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BOTSWANA – ARIPO

COUNTRY : REPUBLIC OF BOTSWANA

CAPITAL : GABORONE

LANGUAGE : ENGLISH

 

Trademark is managed and granted by Companies and Intellectual Property Authority (CIPA) Ministry of Investment, Trade and Industry in Botswana.

 

International Treaties to which Botswana is signatory:

 

PROTECTION OF TRADEMARKS IN BOTSWANA:

  1. National Registration       – Direct Filing with National Trademark Office.
  2. International Registration   –  Through Madrid System.
  3. Banjul Protocol on Trademarks – ARIPO Countries.

 

Therefore, to obtain protection in Botswana, there are Three options from which the applicant can choose.

Please refer our  Treaties section on International protection under Madrid System.

 

MEMBER STATES: ARIPO is a community of 18 Former English Colonies which are English speaking Countries.

Member Countries are: Member Countries are: Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.

African Regional Intellectual Property Organisation known more commonly by its acronym (ARIPO) was established at Lusaka through Banjul Protocol on Marks and is now headquartered along with its administrative offices at Harare, Zimbabwe.

 

It is to be noted that most of the ARIPO member countries have not amended their national laws to incorporate ARIPO’s guidelines on trademark law.

Therefore, all prospective applicants are requested to file applications for registration of trademarks through national registration system through the national IP offices.


  • Kinds of Trademarks registrable in BOTSWANA – ARIPO

    • Following indications may be used as Trademarks in Botswana:

      • Words
      • Symbols
      • Logos
      • Combination of the above
      • Slogan
      • Well Know Mark
      • Service Mark
  • Requisites for a Trademark to be registrable in BOTSWANA – ARIPO

    • Trademarks must contain the following essential requirements to be registrable in Botswana:

      1. The trademark should not be contrary to public order or morality
      2. The trademark should not reproduce, contain or imitate State, Inter-Governmental, International insignia, seals and emblems 
  • Kinds of Trademarks not registrable in BOTSWANA – ARIPO

    • Applicants should bear in mind that the following will not be registrable as Trademarks in Botswana:

      • Marks not distinctive.
      • Marks that are mere descriptions of the goods, products that they represent or familiar drawings and ordinary pictures of goods and products.
      • Marks and Signs contravening morality, public order.
      • Marks which are identical or similar to religious symbols.
      • Marks misleading the public as to the origin or the source of the products or services or their characteristics.
      • Marks that are considered imitations / copies/ translations of famous and well known marks.
      • Marks that are similar / identical to registered and pending marks.
      • Marks identical /similar to or containing elements resembling maps, emblems, flags, signs, seals and official insignia of national and international organisations.

      TrademarkCopia through its associate Law Firms and Lawyers in Botswana is at hand to help you with trademark registration

  • Trademark Search in BOTSWANA – ARIPO

    • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

      Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Botswana.

  • Trademark Filing in BOTSWANA – ARIPO

    • Filing is done with the Trademark office of Botswana. Applicant has to furnish the following documentation for filing:

      1. Name of the applicant
      2. Logo (if any) in B/W or Colour
      3. Address along with nationality of the Applicant
      4. Classes in which Registration is sought.v  Power of Attorney (POA)
      5. Details regarding Goods and Services for which registration sought
        (Goods and Services classified as per NICE classification)

      TRADEMARKCOPIA.COM  will assist you with the following:

      • Filings
      • Infringement & Opposition Actions
      • Renewals
      • License and Assignment procedures
      • Trademark Watch Services
  • Trademark Examination in BOTSWANA – ARIPO

    • Once the trademark application is filed, it is examined to ascertain fulfillment of all the requisites by way of formality examination and substantive examination.

      Non-fulfillment of any of the requisites is an absolute ground for refusal of registration of the trademark application.

  • Trademark Publication & Opposition in BOTSWANA – ARIPO

    • Post examination, the trademark application is published in the official IP gazette to which interested third parties may file their opposition.

      In the event the application does not encounter any opposition, it proceeds to registration.

      TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Botswana can comprehensively assist you with trademark opposition and prosecution.

  • Trademark Registration in BOTSWANA – ARIPO

    • Once the application is published and has overcome all the objections by the examiners and opposition if any by third parties, it is registered and a certificate of registration issued to the applicant.

      Trademark registration in Botswana  is valid for 10 years from the date of registration, after which it can be frequently renewed for another 10 years.

      Rights of Trademark Owners:

      Trademarks may be:

      • Exclusively used by the owners of the registered trademarks.
      • Transferred in whole or in part- Inherited
      • Assigned and licensed.
      • Mortgaged and creditors may seize such trademarks belonging to their debtors.
      • Licensed to natural or legal persons
      • Prevented from unauthorized usage by third parties
      • The subject of appropriate redressal from a court of law upon infringement
  • Trademark Usage in BOTSWANA – ARIPO

    • Post Registration: In the event the trademark is not used continuously for 3 yrs. after registration, the mark becomes vulnerable for revocation and / or cancellation.

  • Trademark Cost of Registration in BOTSWANA – ARIPO

    • Please write mail for the cost of registration of trademark in Botswana  to the mail address given below:

      contact@trademarkcopia.com

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