Trademarks in Botswana

Competent Authority

• Name of Office: Companies and Intellectual Property Authority (CIPA).
• Working Language: English.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International trademark applications can designate Botswana.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants whose principal place of business or domicile is outside Botswana must appoint an authorized local agent or representative.
• Power of Attorney (POA): Required for foreign applicants acting through local representatives; specific legalization/apostille requirements follow standard CIPA administrative practice rules.

Online Filing and Search

• Electronic Filing: Available via the CIPA online portal and integrated Online Business Registration System (OBRS) infrastructure.
• Trademark Search: Conducted via CIPA’s digital registry search tools.

Protectable Trademark Types

• Word marks, figurative marks, and combined marks.
• Applications must be filed in English.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported.

Examination

• Scope: CIPA conducts formal and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds regarding prior conflicting rights on the register.

Publication and Opposition

• Opposition System: Once approved, trademark applications are published in the official intellectual property journal for a statutory opposition period of 3 months, allowing interested third parties to file objections.

Timeframes

• Registration Timeline: Approximately 6 to 12 months for a straightforward, unopposed application process.

Official Fees

• Official fee schedules are denominated in Botswana Pula (BWP) and managed directly through CIPA's schedule of fees. (Exact quantitative fee amounts are omitted to prevent reliance on variable administrative adjustments).

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed prior to expiration, backed by standard late renewal grace periods and associated surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to removal or revocation actions for non-use if it has not been genuinely used for a continuous statutory period.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes of name or address must be formally recorded with CIPA to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via administrative proceedings before CIPA and civil actions through specialized courts. Protection covers well-known marks and border/customs enforcement measures against counterfeit goods.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.