Trademarks Law in Botswana
Here’s a detailed overview of Trademark Law in Botswana:
Trademark Law in Botswana
Trademark protection in Botswana is primarily governed by the Trade Marks Act, Cap 43:03 (originally enacted in 1965 and subsequently amended). The law is administered by the Companies and Intellectual Property Authority (CIPA).
Key Features of Trademark Law in Botswana
1. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one enterprise from another.
This can include words, letters, numerals, shapes, logos, designs, colors, or combinations thereof.
Both visual and non-visual marks (such as sounds) can be protected if they are distinctive.
2. Registration System
Botswana operates a first-to-file system — trademark rights are primarily acquired through registration.
Registration is handled by CIPA.
The application process includes formal examination, publication, and opposition phases.
Registered trademarks are protected for 7 years initially.
Protection can be renewed indefinitely for 14-year periods thereafter.
3. Absolute and Relative Grounds for Refusal
Absolute grounds include:
Lack of distinctiveness
Descriptive or generic terms
Deceptive or scandalous marks
Relative grounds involve conflicts with earlier registered or well-known trademarks.
4. Rights Conferred
The registered owner has the exclusive right to:
Use the trademark on the goods/services for which it is registered
Prevent unauthorized use, reproduction, or imitation
Assign or license the trademark
5. Enforcement
Trademark infringement may result in:
Civil remedies (injunctions, damages, delivery up of infringing goods)
Criminal sanctions (fines and imprisonment for willful infringement)
Enforcement actions are pursued through Botswana courts.
6. International Treaties and Agreements
Botswana is a member of the:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (for international trademark registration via WIPO)
TRIPS Agreement under the World Trade Organization (WTO)
These treaties facilitate protection of trademarks both domestically and internationally.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act, Cap 43:03 |
| Registration Authority | Companies and Intellectual Property Authority (CIPA) |
| Duration | 7 years initially, renewable for 14 years |
| System | First-to-file |
| Opposition Period | Following publication |
| International Treaties | Paris Convention, Madrid Protocol, TRIPS |
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