Trademark registration in Botswana

The trademark office and official links

Trademarks in Botswana are registered by the Companies and Intellectual Property Authority (CIPA).

• Trademark office: Companies and Intellectual Property Authority (CIPA)
• Law: Industrial Property Act, 2010 (Act No. 8 of 2010)
• Law: Industrial Property Regulations, 2012 (Statutory Instrument No. 70 of 2012)

Official fees in Botswana

Official office fees only (schedule as of 2021-10). Official fee schedule. Professional fees of a local firm are extra — compare fixed-fee packages.

How to register a trademark in Botswana

1. Applicants based outside Botswana appoint a local representative and sign a power of attorney.
2. File the application with CIPA, listing goods and services under the applicable Nice classes (several classes may be combined in one application).
3. The Registrar examines the application for formal and substantive compliance.
4. Once accepted and the publication fee is paid, the application is published in the Trade Marks Journal.
5. Third parties may oppose within three months of publication.
6. If there is no opposition, the registration fee is paid and the registration certificate is issued.

Examination, publication and opposition

• Examination: The Registrar at CIPA examines applications for formal and substantive compliance; no official examination time is stated.
• Publication: Trade Marks Journal (Industrial Property Act, s. 78(3))
• Opposition period: 3 months from publication; the Registrar may grant extensions, commonly 3 months
• Typical timeline: 15–18 months from filing to registration if there are no oppositions or unusual delays

Protection, renewal and use

• Term: 10 years from the filing date, renewable.
• Late renewal: 6 months for late renewal; a lapsed registration can be restored within a further 2 months after the grace period (s. 88)
• Rights system: first to file.

Filing from abroad

• Local agent: Applicants with no residence or place of business in Botswana must be represented by a professional representative in Botswana.
• Power of attorney: A signed power of attorney is required when the applicant is represented; notarisation is not required.
• Language: English

Firms on TrademarksHub that cover Botswana can act as your local agent — see firms.

Madrid Protocol

Botswana is a member of the Madrid System (in force since 2006). You can designate it in an international application filed through your home office, or file a national application directly. A local firm can advise which route is cheaper for your classes and timeline.

Trademark classes

Nice Classification (45 classes); Botswana is not party to the Nice Agreement but applies the edition in force at the filing date. One application can cover several classes. Not sure which classes you need? See all 45 classes or classes by business type.

How Botswana compares

• Opposition: 3 months from publication; the Registrar may grant extensions, commonly 3 months — compare all countries
• Renewal: every 10 years; grace period 6 months for late renewal; a lapsed registration can be restored within a further 2 months after the grace period (s. 88) — compare all countries
• Foreign owners: required — rules in every country

Guides: registering in any country · costs by country · Madrid

Good to know in Botswana

• Botswana can be covered by a national filing at CIPA, an ARIPO application under the Banjul Protocol designating Botswana, or a Madrid international registration designating Botswana.
• The Industrial Property Act 2010 came into force on 31 August 2012; it expressly provides for extension of Madrid international registrations to Botswana, which the earlier 1996 Act did not.
• Exclusive rights to a mark are acquired by registration (s. 74), and the Act also protects well-known marks.
• Official fees are lower for individuals and small entities, and coloured marks attract a higher application fee than black-and-white marks.

Questions