Botswana
Trademark Registration in Botswana - Protect Your Brand Nationwide
Botswana, a landlocked country located in Southern Africa, is one of the continent’s most stable and rapidly growing economies, with a population of approximately 2.4 million. Bordering South Africa, Namibia, Zambia, and Zimbabwe. Botswana serves as a strategic gateway for trade within the Southern African Development Community (SADC) region, making it an increasingly important jurisdiction for brand owners seeking to protect their intellectual property.
Introduction
Botswana's legal system is rooted in Roman-Dutch law and English common law, reflecting its colonial heritage as a former British protectorate. English is the official language of government, commerce, and the judiciary, and all trademark proceedings are conducted in English.
The country has a modern and well-structured intellectual property framework. Botswana's trademark laws are primarily governed by the Trade Marks Act, Cap 43:03, originally enacted in 1965 and subsequently amended, which is administered by the Companies and Intellectual Property Authority (CIPA). Trademark registration is essential for any business operating in or exporting to Botswana.
Why Trademark Registration Is Important in Botswana?
Exclusive Rights: Grants you exclusive legal ownership and control over your trademark for the registered goods/services throughout Botswana.
Legal Enforcement: Enables you to take action against infringement, counterfeiting, and unauthorized use through Botswana’s legal system and relevant courts.
Nationwide Protection: Secures trademark protection across the entire territory of Botswana.
Regional Protection Advantage: Botswana is a member of ARIPO (African Regional Intellectual Property Organization), allowing broader regional protection through a single application covering multiple member countries.
Trademark Registration Procedure in Bostwana
Here is the step-by-step process followed for trademark registration in Botswana.
Preliminary Search (Recommended)
Conducting a trademark search through CIPA before filing is strongly recommended. A search can be conducted for both word and device marks to determine the availability of the mark and to identify any prior identical or similar trademarks on the register. The search is conducted using a computerised and official search system, and typically takes approximately 3 days to complete
Filing
The application is submitted to CIPA (the Companies and Intellectual Property Authority). Upon filing, the applicant receives a filing receipt with an application number and filing date. Multi-class applications are permitted, meaning several classes may be covered in a single application.
Examination
CIPA conducts a formal and substantive examination. If the Registrar is satisfied that the application complies with the requirements, the application is accepted.
Publication and Opposition
If the application meets all formal and substantive requirements, the trademark is published in the Official Gazette (or Trade Marks Journal) for opposition purposes. The opposition period in Botswana is 3 months (90 days) from the date of publication. Any interested person may, within this period, lodge a notice of opposition to the registration of the trade mark.
Registration and Certificate
Following the publication and opposition period, if no opposition is filed or any opposition is resolved in the applicant's favour, the trademark proceeds to registration. The time limit to pay registration fees after the end of the opposition period is within 30 days. Upon payment, a registration certificate is issued.
Validity & Renewal
Initial registration period: 10 years from the date of filing Renewal: Indefinitely renewable for successive 10-year periods. Renewal applications may be filed within 1 year before the expiry date. A grace period of 6 months after expiry is available for late renewal, subject to payment of a surcharge.
Governing Law
Legal Framework
Trademark protection in Botswana is governed by:
• Trade Marks Act, Cap 43:03 — the primary legislation governing trademarks, originally enacted in 1965 and subsequently amended, administered by the Companies and Intellectual Property Authority (CIPA).
• The Industrial Property Act, 2010 — a modern legislative framework intended to replace the Trade Marks Act, providing for the protection of patents, trademarks, industrial designs, and utility models. However, as of the latest information, the Industrial Property Act 2010 has not yet been put into effect. Accordingly, the Trade Marks Act, Cap 43:03, remains the operative law for trademark registration in Botswana.
• Industrial Property Regulations — implementing regulations that detail procedural requirements. The legal framework is TRIPS-compliant and aligns with international standards through treaties such as the Paris Convention, the Madrid Protocol, and the ARIPO Banjul Protocol.
Competent Authority
Trademark applications are filed with the Companies and Intellectual Property Authority (CIPA), which operates under the Ministry of Investment, Trade, and Industry. CIPA handles all aspects of trademark examination, registration, opposition, and record maintenance. CIPA is currently transitioning to an e-filing system, which was announced to launch in June 2024.
Botswana is a member of the Paris Convention for the Protection of Industrial Property, the Madrid Protocol (acceded in 2003, though domestic implementing legislation may not yet be fully in force), the ARIPO (Banjul Protocol and Harare Protocol), the WTO TRIPS Agreement, the Patent Cooperation Treaty (PCT), and the Berne Convention.
Trademark Services Available in Botswana
Attorney-Assisted Search
In-depth legal search for potential conflicts in Botswana.
Trademark Registration Services
Complete filing and application management for Botswana trademarks.
Trademark Renewal Services
Hassle-free renewals to maintain your Botswana trademark protection.
Watch & Monitoring Services
Continuous monitoring of Botswana trademarks to identify potential conflicts.
Ownership Transfer / Assignment
Efficient handling of trademark ownership transfers in Botswana.
Licensing & Franchising Support
Expert guidance to license or expand your Botswana brand.
Documents for Filing
Power of Attorney
A simply signed Power of Attorney is required. No legalisation or notarisation is required for the POA. The POA may be late-filed within 2 months from the filing date.
Applicant's Details
Specimen of the Mark
List of Goods/Services
Priority Document
Fees are indicative and subject to change. Contact us for the latest details.
**Last updated on: June 30, 2026
Timeline
Total filing to registration is approximately 12 to 36 months. Timelines can vary depending on the complexity of the application, any office actions, oppositions filed, and administrative delays at CIPA.
Validity & Renewal
Initial registration period: 10 years from the date of filing Renewal: Indefinitely renewable for successive 10-year periods. Renewal applications may be filed within 1 year before the expiry date. A grace period of 6 months after expiry is available for late renewal, subject to payment of a surcharge.
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Insights on Botswana IP Protection
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