Botswana is a member of the International Convention, ARIPO and of the PCT (from 30 October 2003).
Applications can be filed either through ARIPO or in Botswana itself.
HOW TO REGISTER A TRADEMARK
For more information on ARIPO Trade Mark Registrations click here.
1. The requirements for filing applications in Botswana are as follows:
1.1 Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
1.2 List of goods and/ or services.
1.3 A simply signed power of attorney - No legalisation and/or notarisation is required.
1.4 If priority is claimed: a certified copy of home application/registration together with sworn translation thereof if not in English.
1.5 Representation of the mark, preferably in electronic format if it is a device/ logo/ stylised mark.
2.1 The 45 classes of the International Classification (Nice Agreement) are followed.
2.2 Multi-Class. Several classes may be covered in a single application.
3.1 Duration: 10 years from date of application and renewable for further periods of 10 years.
3.2 Use: Non-use by owner or licensee for a continuous period of 3 years from registration, may render a mark vulnerable to expungement upon request by a third party.
3.3 Collective marks: Registrable.
3.4 Licenses: Permitted.
3.5 Assignments: Assignments of applications permissible.
4. Costs USD
4.1 Application(black and white): 1st application/class $746.00; each additional class filed simultaneously $117.00; each additional application filed simultaneously $656.00.
4.2 Assignment(colour): 1st application/class $779.00, each additional class filed simultaneously $117.00, each additional mark filed simultaneously $705.00.
4.3 Publication: $225.00 per trade mark.
4.4 Registration: $262.00 per trade mark.
4.5 Assignment: First trade mark $573.00, additional trade marks filed simultaneously $232.00 each, preparation of documents $143.00.
4.6 Recordal of change of name: First trade mark $424.00, additional trade marks filed simultaneously $179.00.
4.7 Recordal of change of address: First trade marks $309.00, additional trade marks filed simultaneously $115.00 each.
4.8 Recordal for change of address for service: First trade mark $245.00, additional trade marks filed simultaneously $157.00 each.
4.9 Licences: First trade mark $582.00, additional trade marks filed simultaneously $241.00 each, preparation of statement of case $97.00; preparation of registered user documents $377.00.
4.10 Renewal: First registration/class $550.00, each additional class renewed simultaneously $70.00; each additional registration renewed simultaneously $355.00.
4.11 Search: From $462.00.
*Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.
**Please further note that the above amounts exclude the following up and obtaining of certificates pertaining to renewal, assignment, licences, change of name and change of address.
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Botswana rather than a national application directly in Botswana. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Botswana Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Botswana is about the same as the cost of filing a national application directly in Botswana. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.