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(6) Failure to record a licence at the Office shall not affect the validity of
the registration of the mark that is the subject of the licence, or the rights
granted by that registration.
(7) Recording of a licence by the Office shall not be required as a
condition for any right that the licensee may have to join infringement
proceedings initiated by the holder of the registration or to obtain, by
way of such proceedings, damages resulting from an infringement of
the mark which is the subject of the licence.
(8) Where the use of a mark by a licensee is deemed to constitute
any use by the holder of the registration in any proceedings relating to
the acquisition, maintenance or enforcement of rights in a mark, the
recording of the licence shall not be required as a condition for such use
to be recognised.
93. (1) A name or designation may not be used as a trade name if by
its nature or the use to which it may be put, it is contrary to public order
or morality and if, in particular, it is liable to deceive those in the trade
or the public as to the nature of the enterprise identified by that name.
(2) Notwithstanding any law providing for any obligation to register
a trade name, such name shall be protected, even prior to or without
registration, against any unlawful act committed by a third party.
(3) Any subsequent use of the trade name by a third party, whether
as a trade name, a mark or a collective mark, or any such use of a similar
trade name or mark, which is likely to mislead the public, shall be deemed
to be unlawful.
Trade names
PART IX – International Registration under the Madrid Protocol
94. (1) Where an international application is filed with the Office
for transmission to the International Bureau, the Office shall verify that
Botswana qualifies as the country of origin under the Madrid Protocol in
respect of that application, and that the particulars appearing in the
international application correspond to the relevant particulars appearing in
the basic application or basic registration, as the case may be, in accordance
with the provisions of the Madrid Protocol and the Regulations.
(2) Where the international application complies with the prescribed
requirements, the Office shall so certify in the application indicating the
date on which it was received, and shall, upon payment of the prescribed
handling fee by the applicant, forward the application to the International
Bureau.
(3) Any communication, including the international application,
submitted to the International Bureau through the Office shall be in
English.
(4) Where the international application does not meet the prescribed
requirements, the Office shall not forward it to the International Bureau,
and shall inform the applicant accordingly.
Initial
examination
of
international
applications