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Selecting a company name

Before you set up a company, you can reserve its name on the OBRS. This is an optional procedure as you can proceed to register a company or businessname without reserving its name first. There are strict guidelines on how tochoose and reserve a company name. Once you have reserved a company name and itis approved by CIPA, no other company can incorporate with an identical oralmost identical name. The reserved name shall be valid for a period of 30 working days, withinwhich you are required to register it. Failure to register the name within 30 days shall render the proposed name invalid and a new application shall bemade.

Rules for selecting a  Name for your Company

The Registrar is mandated to examine names and the following conditions may lead to the application being unsuccessful:

  • A name that is identical or almost identical to, the name of a registered company; registered external company; statutory corporation; a name registered under the Registration of Business Names Act.
  • A name that is identical or almost identical to a name reserved under the Companies Act (CAP 42:01); Business Names Act; and that is still available for registration.
  • Names which are calculated to mislead the public or cause offence to a person or any class of persons or is suggestive of blasphemy or indecency.
  • Names that suggest the company would be carrying on business of real estate, whose names may include “real estates”; & “estate agents”. The use of such names would only be through prior consent from the Real Estate Advisory Council (REAC).
  • Use of a name which would contravene the Banking Act (CAP 46:01). The use of words restricted under section 3(2) of the Banking Act including “bank”; “finance”; “loan”; “credit”; “savings” or any of their derivatives. Therefore, these words and their derivatives would only be utilized through prior consent from the Central Bank (Bank of Botswana).
  • Except with the Minister’s written consent, no company, including an external company, shall be registered under a name which includes – The word “Authority”, “Commonwealth”, “Co-operative”, “Government”, “National”, “President”, “Presidential”, “Region”, “State”; combined words “United Nations”; or any other word which suggests, is likely to suggest, that it enjoys the patronage of the Government or of a statutory corporation, or of the Government of any other State or of a department of any such Government or of the General Assembly of the United Nations (UN).
  • A name or word registered under the Industrial Property Act (CAP 68:01) or copyrighted works.
  • Use of famous names and places; historic names; and names that are in the public domain; without prior consent from the rightful owners.
  • Names of existing organizations in and outside Botswana, without consent from the owners.
  • Use of names of famous people, without consent from the owners.
  • Use of an individual’s full name {first name(s) plus family name} as name of a company or business without the addition of another word or suffix to differentiate from the name of the individual(s).
  • Names which are suggestive of an organization being formed to be a “Trust”, “Foundation”, “Club”, “Religious Organization” & a“Society”. These organizations can be registered through other Government Departments and Agencies.

Did you know that business names must be renewed every three years? The renewal date is the month of registration. Log in and check the status of your business name now!
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