A.60
Transformation
(d) the priority date, if any, of the registration in Botswana; and
(e) information relating to any rights acquired by virtue of the registration
of the mark in Botswana.
104. (1) Where an international registration designating Botswana
is cancelled at the request of the office of origin in accordance with
Article 6 (4) of the Madrid Protocol, in respect of all or some of the
goods or services listed in the international registration, the person who
was the holder of the international registration at the date of its
cancellation may, under Article 9 quinquies of the Madrid Protocol, file
with the Office, within three months from the date on which the
international registration was cancelled, an application for registration
of the same mark in respect of goods or services covered by the cancelled
international registration.
(2) An application under subsection (1) shall be treated as if it had
been filed on the date of the international registration or on the date of
the recording of the territorial extension to Botswana and, if the
international registration enjoyed priority, the application shall enjoy
the same priority.
(3) Subject to this section, the provisions applicable to an application
for registration filed directly with the Office shall apply with necessary
modification to an application resulting from transformation under
subsection (1).
(4) An application under subsection (2) shall be made on such a form
as may be prescribed for application for registration of a mark and shall
include the following —
(a) a statement that the application is made by way of transformation;
(b) the registration number of the international registration which
has been cancelled;
(c) the date of the international registration, or the date of recording
of the territorial extension to Botswana, where applicable;
(d) the date on which the cancellation of the international registration
was recorded; and
(e) the date of any priority claimed in the international application
and recorded in the International Register, where applicable.
(5) An application for registration under this section shall be subject
to the payment of the prescribed fee.
(6) Where the mark under the international registration had become
protected in Botswana on or before the date on which the international
registration was cancelled, and provided that all the requirements relating
to an application to register that mark under subsection (1) are met, the
mark shall be registered by the Office and such registration shall bear
the date of the cancelled international registration or, where applicable,
the date of recording of the territorial extension to Botswana, and shall
enjoy any priority enjoyed by the cancelled international registration.