Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Botswana Trademark Registration
Protect Your Brand in Botswana Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
Botswana's trademark registration can be obtained through two ways: register through the ARIPO Treaty, which extends protection to multiple countries, or register directly with the Companies and Intellectual Property Authority.
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Botswana, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Botswana and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Botswana
Discover how our services help protect and strengthen your brand in Botswana.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
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National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
If I register my trademark in Botswana, will it be protected in other countries?
Registering your trademark in Botswana only protects it within Botswana's borders.
Do I have to sign a Power of Attorney?
Yes, every applicant is required to sign a power of attorney.
Can a trademark registration be cancelled?
Yes, you can cancel a trademark registration for the same reasons you can oppose one:
- Someone else has an earlier or proprietary right
- The mark is descriptive
- The mark is not distinctive
- The mark is functional
- It breaches copyright
- It infringes on a notorious mark right
- It uses protected flags or emblems
- It was registered by an agent or representative
- It conflicts with a trade name right
- It infringes on a registered design right
- It conflicts with a personal name right
- The mark is generic
- The mark indicates a geographical location
- The mark is considered immoral
- It doesn't comply with the Industrial Property Act, 2010
- The mark is misleading
- It is identical to a notorious mark in Botswana
- It is similar to protected state flags, emblems, or armorial bearings
What are the steps involved in the trademark application process in Botswana?
In Botswana, a trademark application goes through three stages:
Can someone claim priority for a patent application in Botswana?
To claim priority in Botswana, the applicant must meet these conditions:
- The applicant's home country must be a member of the Paris Convention.
- The home application must have been filed within six months before the application in Botswana.
- The applicant's home country must be a member of the World Trade Organization.
- An international registration must be accepted in Botswana.
What actions are necessary to meet the usage requirement for a registered trademark?
To meet the use requirement, you must use your registered trademark for business purposes in Botswana within 3 years of its registration date.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 16 months, as long as there are no objections or challenges.
How long is a registered trademark valid for once it has been approved?
Once your trademark is registered, it remains valid for 10 years from the application date.
What rights do I have if I register a trademark in Botswana?
The person who registers a trademark first is the one who owns it. You must register to have legal rights to a trademark.
Do I need to use my trademark before applying for registration?
No, you don't need to use the trademark before registering it. You also don't need to plan on using it right away.
Who is eligible to challenge my trademark registration?
Licensees, owners of previously registered rights, or any individuals or companies with a vested interest can challenge a trademark registration.
What rights do owners gain by having a registered trademark?
Having a registered trademark gives owners these rights:
- Exclusive use of the trademark
- Challenge later trademark applications that conflict with theirs
- Request cancellation of conflicting trademark registrations
- Take legal action against unauthorized use or infringement
- License the trademark to others
- Request seizure of counterfeit goods using the trademark
- Seek compensation from those who infringe on the trademark
What is the duration of the opposition period?
The opposition period is 3 months long, starting from the date of publication.
Still have questions?