Registration of a company or a business or trade name in Botswana is important in that it gives exclusive rights to the use of the name and it also gives it recognition as a legal entity. Registered companies and business names are an important aspect of the economy because people can use them to trade and also seek tenders for jobs, provision of supplies, services etc both from government and the private sector.
Selecting a trade name for your Company
To give identity to your business one needs to register a company or a business name with The Companies and Intellectual Property Authority (CIPA. A business name is a trading style, a name, title, or a description under which a business is carried while a company is a legal entity which arises when one or more persons form a corporate body which acquires a personality separate from that of its members with legal powers to sue, or be sued, own property and make contracts. A company can have various business names registered under it, which means that a company can own a business name.
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.
You can register a profile with CIPA through their online portal, and then follow the prompts. Or you can use an Agent to take you through the whole process.
How to register a Trade Name in Botswana
Registration of a company or a business or trade name in Botswana is important in that it gives exclusive rights to the use of the name and it also gives it recognition as a legal entity. Registered companies and business names are an important aspect of the economy because people can use them to trade and also seek tenders for jobs, provision of supplies, services etc both from government and the private sector.
To give identity to your business one needs to register a company or a business name with The Companies and Intellectual Property Authority (CIPA. A business name is a trading style, a name, title, or a description under which a business is carried while a company is a legal entity which arises when one or more persons form a corporate body which acquires a personality separate from that of its members with legal powers to sue, or be sued, own property and make contracts. A company can have various business names registered under it, which means that a company can own a business name.
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.
You can register a profile with CIPA through their online portal, and then follow the prompts. Or you can use an Agent to take you through the whole process.
Browse through the Services Category on Skymartbw for assistance in getting started.
