Botswana

The International Classification of Goods and Services (Nice Classification) is applied. A single application may cover more than one class.

Botswana is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Botswana application is filed within six months of such earlier filing.

The Registrar examines the application to determine whether it complies with the formal and substantive requirements.

The Registrar shall, if he is satisfied that the application complies with the requirements, accept the application and publish the application for opposition purposes in the Trade Marks Journal. If no opposition is entered, the registration certificate will be issued.

Any interested person may, within three months from the date of publication, lodge a notice of opposition to the registration of the trade mark.

Extensions of the opposition period may be requested from the Registrar and may be granted at his discretion. An extension of three months of the opposition term will generally be granted.

A trade mark registration is effective for a period of 10 years from the date of filing, and thereafter is renewable for like periods. It is possible to effect the late payment of the renewal fee within a grace period not exceeding the six months granted by the Registrar.