What is Geographical Indication?

A Geographical Indication means an indication that identifies goods that originate from a particular place “where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”.

Examples of Geographical Indication

• Champagne wine from France
• Scotch whisky from Scotland
• Basmati rice from India
• Mazoe from Zimbabwe

Filing of Geographical Indication

• You fill Form 17. Click here to see Form 17 guide.
• Write a cover letter/application letter (include your personal details and request to the Registrar to file an application)
• Submit to the registrar the application letter attaching Form 17.
• Refer to the schedule of fees

NB: Appoint agent in case of foreign applicants (Applies where principal place of business is outside Botswana) (citizens optional).

• Agents is an attorney who has been enrolled to practise in the Courts of Botswana or persons prescribed by the Minister.

Publication of Geographical Indication

• Application will be examined (checked) to see if it complies with requirements of Industrial Property Act 2010 to determine if it can be accepted or rejected.
• If the GI is approved, the applicant will be requested to pay publication fees, for the mark to proceed to publication.
• Geographical Indication will be published in the journal for a period of three (3) months.

Registration of Geographical Indication

• When there is no opposition, you will be invited to pay for registration
• Write acceptance of registration payment letter.
• After payment of the registration fee, you will be issued with certificate of registration.

NB: If you wish to oppose the registration of trademark, notify the Registrar in writing accompanied by supporting evidence within three months from the date of publication in the Journal.

• Complete form 18

When your trademark is opposed you will be requested to submit a counter-statement, the Registrar shall hear the two (2) parties, if either wishes to be heard.

Changes and amendments of Geographical Indication

• Change of name of applicant

 Applicant can change the personal details from the initial application

Notify the Registrar in writing and pay a prescribed fee

• Change of address of applicant

Applicant can change the address details from the initial application

Notify the Registrar in writing and pay a prescribed fee

• Change of address for service

Applicant can change their agents from the initial application

Notify the Registrar in writing and pay a prescribed fee