Trademark registration in Botswana

The country of Botswana is located in South Africa, adjacent to 5 countries: Namibia, Zambia, Zimbabwe, South Africa and Angola. This geographical location gives Botswana many advantages in terms of trade. Botswana is centrally located in the region, facilitating trade with neighboring countries. Botswana has a well-developed road and rail system, connecting with neighbouring countries. Botswana possesses many unspoiled and unique natural landscapes, attracting international tourists. Botswana is famous for Chobe National Park, which has a rich and diverse ecosystem. In terms of mineral resources, Botswana has the largest diamond reserves in the world, along with other minerals such as coal, copper, nickel. The country also has the potential to develop renewable energy such as solar and wind power. To facilitate domestic and foreign investors, Botswana’s policies always have special incentives. Thanks to these advantages, Botswana is considered a country with potential for economic and tourism development in the region. To be able to develop the trademark of the business in this country, the first thing when investing in business here is to register a trademark. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Botswana through the article below.

Legal basis

• Law on Industrial Property 2010;
• Industrial Property Regulation, 2012

General overview of trademarks in Botswana

Definition

A trademark is any word, phrase, symbol, design, shape, group of letters or numbers, or a combination thereof, used by a company as its trademark name or logo. Consumers can rely on trademarks to differentiate different products on the market or to identify trademarks they love. Some examples that can be registered as a trademark include:

• Logo and slogan of the organization: Logos and slogans help identify the trademark and impress customers.
• T-shirt trademark: The name, logo, or unique design of a trademarkable T-shirt trademark to protect intellectual property rights.
• Family symbols: Some families with their own symbols of their own design may trademark them to protect intellectual property rights and the spiritual meaning of the symbol.
• Event or festival name: The name of a unique, commercial event or festival may be trademarked to protect its rights and avoid counterfeit events.

Why trademark registration is needed

Well-known trademarks are easily copied and counterfeited by those who want to take advantage of their success. This confuses consumers in the market, as they do not know which products are genuine and fake. Therefore, registration of a trademark/logo as soon as it is developed is a must to be protected.

The intellectual property system operates on the principle of “who pays first is entitled to rights”, which means that the first person to apply for a trademark will be granted protection for that trademark.

Here are some of the benefits of trademark registration:

• Protection from unfair competition: Preventing unauthorized use of a business’s trademark by other individuals or organizations.
• Build trademark trust: Let customers know that they are buying genuine products, enhancing trademark credibility and value.
• Create competitive advantage: Exclusive use of trademarks helps businesses outperform competitors.
• Easy law enforcement: Make it easy for businesses to handle trademark infringement cases.

Trademark dossier in Botswana

• Application letter: This letter expresses the intent to register the trademark.
• Fill out the application form No. 11: This form provides details about the trademark, owner, and other relevant information.
• List of goods and services: Declare the list of goods/services in Part V of Form No. 11.
• 04 trademark samples: Four copies of trademark size 5×5 cm attached to the letter
• Proof of payment of fees

Trademark filing fees in Botswana

Below is a summary of trademark registration fees in Botswana:

How to file a trademark application in Botswana:

To file for trademark protection in Botswana, you can file using the following filing methods:

• Direct Submission: You can visit  the office of the Botswana Intellectual Property and Enterprise Regulatory Authority (CIPA) at P.O Box 102 Plot 54358, Prime Plaza, CBD Gaborone to submit your application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to  the address of the Botswana Corporate and Intellectual Property Regulatory Authority (CIPA) at P.O Box 102 Plot 54358,  Prime Plaza, CBD Gaborone.
• Submit online via website:

https://www.cipa.co.bw/ng-cipa-master/ui/XP-MlI3Fcgp9YYnOhr0Cq4Z_WTZ2EheC9zL57R-kHXhRCkb_a-dtDdd77NZTxCYeLtWwHd_0a9fEP3PUBrGwnzdeA-SS When applying online, you should pay attention to the payment of the relevant fee in accordance with the guidelines of the Botswana Intellectual Property and Enterprise Regulatory Authority.

Trademark registration in Botswana through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system. Botswana has joined the Madrid system since 5 December 2006, making it easier to register a trademark in the country.

• Reduce costs and simplify the registration process: The Madrid system allows trademark owners to apply for trademark protection in multiple countries with a single application. This saves costs and time compared to individual registrations in each country.
• Enhanced trademark protection: The Madrid system provides trademark protection globally, helping trademark owners against unauthorized use of their trademarks in participating countries.
• Centralized management: The Madrid system allows trademark owners to manage their global trademark portfolio from a single place, which simplifies management and minimizes risk.
• Enhanced competitiveness: The Madrid system helps Botswana trademark owners strengthen their competitiveness in international markets by protecting their trademarks in key markets.

Trademark registration dossier under the Madrid System

The Madrid Application consists of the Madrid Single of Vietnamese origin and the Madrid Single with the Vietnamese designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Botswana of Viet An Law Firm

• Perform the search and notify you in writing of the results of the trademark search in Botswana;
• Draft documents and file and monitor the status of trademark filings in Botswana on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Botswana;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives implementing procedures in Botswana.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to apply for trademark registration in Botswana, please contact Viet An Law Firm for the most effective support.