C.715
47. Regulations 34 to 46 shall apply, with the necessary modifications, to
collective marks subject to the following —
(a) an application for registration of a collective mark shall not be accepted
unless, in the application for registration, the mark is designated as a
collective mark, and unless the application is accompanied by a copy
of the rules governing the use of the mark, duly certified by the applicant;
(b) the rules governing the use of the collective mark shall —
(i) define the common characteristics or quality of the goods or
services which the collective mark shall designate and the conditions
under which, and the persons by whom, it may be used,
(ii) shall provide for the exercise of effective control of the use of the
mark in compliance with those rules, and
(iii) shall determine adequate sanctions for any use contrary to the
said rules;
(c) a copy of the rules governing the use of the mark shall be appended to
the registration of a collective mark;
(d) the publication of a reference to the registration of the collective mark,
in accordance with regulation 52 (1), shall include a summary of the
rules appended to the registration;
(e) all notification of changes effected in the rules governing the use of the
mark shall be in writing;
(f) all notifications of changes shall be recorded in the register and shall
be published by notice in the Journal, and all changes in the rules shall
be regarded as having no effect until such recording; and
(g) for the purposes of use of the collective mark under section 87 (1) of
the Act the registered owner of a collective mark may use the mark
himself or herself provided it is also used by other authorised persons
in accordance with the rules governing such use.
Collective
marks
PART VII — International Registration under the Madrid Protocol
48. The Registrar shall forward an international application to the International
Bureau in compliance of section 94 (2) of the Act upon the applicant paying
the transmittal fee set out in the Second Schedule.
Initial
examination of
international
applications
49. The holder of an international registration designating Botswana of a
collective mark or a certification mark shall submit to the office within two
months the rules governing the use of the collective mark or a certification
mark.
50. A request of the holder of an internationally registered mark, to record
a note of that international registration in the register of the mark that was
registered in Botswana, in terms of section 103 (2), shall pay the fee as set out
in the Second Schedule.
51. An application for registration of a cancelled international registration
in terms of section 104 (4) of the Act, shall be made in Form 16 set out in the
First Schedule accompanied by the fee set out in Second Schedule.
52. (1) Any person who wishes to oppose the registration of internationally
registered mark shall file, with the Registrar a notice of opposition within three
months from the date of publication in the Journal.
Collective and
certification
marks
Replacement of
internationally
registered mark
Transformation
Opposition of
registration of
internationally
registered
mark