A.58
Lapse of basic
application or
basic
registration
Initial refusal
of registration
by Office
Refusal of
registration
by Office
Registration
under Madrid
Protocol
Opposition to
protection of
internationally
registered
mark
95. Where, within 5 years from the date of the international
registration, the basic application filed in Botswana or the basic
registration resulting therefrom ceases to have effect, the Office shall
notify the International Bureau accordingly and shall request the
cancellation of the international registration in respect of the goods and
services affected.
96. (1) Where the Office finds that the mark that is the subject of an
international registration designating Botswana cannot be protected, it
shall notify a provisional refusal of protection to the International Bureau
complying with the requirements prescribed in the Madrid Protocol and
the Regulations.
(2) The holder of the international registration referred to under
subsection (1) shall enjoy the same remedies as if the mark had been
filed for registration directly with the Office in terms of Part VIII.
97. Where the Office determines that the mark does not comply with
the requirements specified under section 74 (2), it shall notify the
International Bureau in accordance with the relevant provisions of the
Madrid Protocol and the Regulations that, to the extent that the requirements
are not met, registration and protection in Botswana is refused.
98. (1) Subject to section 99, a mark which is registered under the Madrid
Protocol and contains a designation of Botswana shall be protected in the
same manner as if an application for registration had been filed under this
Act on the date of its international registration.
(2) The Registrar shall, where there is no refusal under section 97 or
where such a refusal has been withdrawn, register the mark in the appropriate
register and publish, in the Journal, a reference to the registration of that
mark and any recording made in the International Register in respect of an
international registration shall, to the extent that it applies to Botswana as a
designated party, have the same effect as if it had been recorded in the
register of marks at the Office.
99. (1) Any interested person may, on the grounds that the requirements
of section 74 (2) have not been met, or that the mark does not comply with
the definition of a mark as specified in this Act, the Madrid Protocol or the
Regulations, give to the Registrar, within three months from the publication
referred to in section 98 (2) and in such manner as may be prescribed,
notice of his or her opposition to the protection of the mark.
(2) The Registrar shall, as soon as he or she receives such notice, notify
the International Bureau as prescribed in the Madrid Protocol and the
Regulations, that protection in Botswana is provisionally refused pending
the outcome of the opposition proceedings.
(3) Where notification is made under subsection (2), the holder of
the mark that has been registered internationally shall enjoy the same
remedies as if the mark had been filed for registration directly with the
Registrar.