In order to protect a trademark in Botswana, it must be registered. This may be done either directly through the local trademark office of Botswana in order to register a local trademark or by filing a trademark through the African Regional Industrial Property Organization (ARIPO).
Botswana is a member of the African Regional Industrial Property Organization (ARIPO) and a party to the Banjul Protocol. Registration through ARIPO grants protection and recognition in the following ten countries: Botswana, Lesotho, Liberia, Malawi, Namibia, Sao Tome and Principe, Swaziland, Uganda, Tanzania (mainland) and Zimbabwe. For more information please visit our page on trademark services in ARIPO.
Registering a trademark through ARIPO is considerably faster than registering a trademark through the Ministry of Trade and Industry (MTI) of Botswana, the local trademark office for this country.
If you register a combined trademark (which includes both word elements and figurative elements) in Botswana, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although previous use is not mandatory for a trademark to be registered in Botswana, it may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness.
Botswana is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Botswana (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
Trademarks registered through the local trademarks office have a validity period of ten (10) years, starting from the application date. Trademarks may be renewed indefinitely for periods of ten years, and the trademark renewal may be requested within six (6) months prior to the date of expiration. Contact us if your trademark has already expired, as a grace period for trademark renewal may be possible upon payment of a fine.