A.51
(c) whether that mark is well known in Botswana, due regard shall
be given to the knowledge of the mark in the relevant sector of the
public, including knowledge which has been attained as a result of the
promotion of the mark.
75. Where a mark has been registered in good faith, or where rights
in the mark have been acquired through use in good faith either before
1st January, 2000, or before the geographical indication is protected in
Botswana, nothing in this Act shall prevent the registration of such mark
or interfere with the use of such mark on the basis that the mark is
identical to, or similar to, a geographical indication.
76. (1) An application for the registration of a mark, accompanied
by such fee as may be prescribed, shall be made to the Registrar in the
prescribed manner and shall contain the following —
(a) a request, in writing, that the mark be registered;
(b) one or more reproductions of the mark;
(c) a list of the goods or services for which registration of the mark
is requested, listed under the applicable class or classes of the
International Classification; and
(d) other requirements as may be prescribed by regulations.
(2) The provisions of section 17 in respect of the right of priority
shall apply.
(3) The applicant may, at any time before his or her mark is registered,
withdraw his or her application.
77. The filing date of an application for the registration of a mark
shall be the date on which the application is received by the Office
containing the following indications and elements, as prescribed —
(a) an express or implicit indication that the registration of a mark is
sought;
(b) indications allowing the identity of the applicant to be established;
(c) indications allowing the applicant or its representative, if any, to
be contacted by the Office;
(d) a sufficiently clear representation of the mark whose registration
is sought; and
(e) a list of the goods or services for which the registration is sought.
78. (1) The Registrar shall examine the application to determine
whether it complies with the requirements of section 77 and any other
requirements as may be prescribed.
(2) The Registrar shall also determine whether the mark complies
with the definition of a mark under this Act, and whether it complies
with the requirements of paragraphs (a) to (i) of section 74 (2).
(3) The Registrar shall, if he or she is satisfied that the application
complies with the requirements of the provisions of this section, accept
the application and shall, within such time and in such manner as may
be prescribed, publish that application in the Journal subject to the
payment of a prescribed publication fee.
Saving of
vested rights
Application
for
registration
of mark
Filing date of
application
for
registration
of mark
Examination
of application
for
registration
of mark