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Botswana
Information on the filing of Patents, Designs and trademarks in Botswana

BBEE Status: We have received our Level 2 Accreditation for 2013

Hahn & Hahn voted IP Boutique Law Firm of the Year in South Africa 2013
Janusz Luterek has been voted one of the worlds top1000 IP attorneys

Head Office
Tel: (27)(12) 342 1774
Fax: (27)(12) 342 3027
222 Richard Street, Hatfield, 0028, South Africa
P.O.Box 13575 Hatfield 0028
Republic of South Africa
Docex 219 Pretoria
hahn@hahn.co.za

Cape Town Branch Office
E-mail:capetown@hahn.co.za

Office Hours:
Mon - Thurs: 08h00 to 16h30
Friday: 08h00 to 14h30
We are closed on Saturdays, Sundays and Public Holidays although our professional staff can often be reached on their emails after hours or by prior arrangement.

 

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PATENT REGISTRATIONS

Botswana is a member of the International Convention, ARIPO, and of the PCT (from 30 October 2003).

The requirements for filing an application in Botswana are as follows:

(a) A Power of Attorney - no legalization or notarization necessary;
(b) An Assignment of Invention (not required if the inventor(s) and applicant(s) are the same) - no legalization or notarization necessary;
(c) A copy of the specification (including claims, formal drawings, and abstract) in English; and
(d) A priority document and a verified English translation thereof.

Please note that the documents listed under item (c) are required on the day of filing. Item (d) can be late lodged within 3 months of the filing date and items (a), and (b) have no set deadline for lodging.

We estimate that the cost of filing a patent application in Botswana will be between about US$ 1600.00 and US$ 1800.00 (excluding translation costs, if necessary).

TRADEMARK REGISTRATIONS

1. 1. Filing requirements

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.
1.4 Priority documents (if applicable) with verified English translation
1.5 6 prints for a device mark, alternatively in electronic format

2. Classification

2.1 The 45 classes of the International Classification (Nice Agreement) are followed
2.2 Several classes may be covered in a single application.

3. General

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: Assignment of applications permissible.

4. Costs

4.1 Application (black and white): 1st application/class $728.00; each additional class filed simultaneously $106.00; each additional mark filed simultaneously $566.00.*
4.2 Application (colour): 1st application/class $750.00; each additional class filed simultaneously $106.00; each additional mark filed simultaneously $623.00.*
4.3 Publication: $189.00 per trade mark.
4.4 Registration: $234.00 per trade mark.
4.5 Assignment: First trade mark $514.00, additional trade marks filed simultaneously $188.00 each, preparation of documents $143.00.
4.6 Recordal of change of name: First trade mark $374.00, additional trade marks filed simultaneously $135.00. 4.7 Recordal of change of address: First trade mark $268.00, additional trade marks filed simultaneously $81.00 each.
4.8 Recordal of change of address for services: First trade mark $220.00, additional trade marks filed simultaneously $140.00 each.
4.9 Licences: First trade mark $523.00, additional trade marks filed simultaneously $186.00 each, preparation of statement of case $97.00; preparation of registered user documents $377.00.
4.10 Renewal: First registration/class $473.00, each additional class renewed simultaneously $69.00; each additional registration renewed simultaneously $305.00.
4.11 Search: From $425.00.

*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.