C.715 47. Regulations 34 to 46 shall apply, with the necessary modifications, to collective marks subject to the following — (a) an application for registration of a collective mark shall not be accepted unless, in the application for registration, the mark is designated as a collective mark, and unless the application is accompanied by a copy of the rules governing the use of the mark, duly certified by the applicant; (b) the rules governing the use of the collective mark shall — (i) define the common characteristics or quality of the goods or services which the collective mark shall designate and the conditions under which, and the persons by whom, it may be used, (ii) shall provide for the exercise of effective control of the use of the mark in compliance with those rules, and (iii) shall determine adequate sanctions for any use contrary to the said rules; (c) a copy of the rules governing the use of the mark shall be appended to the registration of a collective mark; (d) the publication of a reference to the registration of the collective mark, in accordance with regulation 52 (1), shall include a summary of the rules appended to the registration; (e) all notification of changes effected in the rules governing the use of the mark shall be in writing; (f) all notifications of changes shall be recorded in the register and shall be published by notice in the Journal, and all changes in the rules shall be regarded as having no effect until such recording; and (g) for the purposes of use of the collective mark under section 87 (1) of the Act the registered owner of a collective mark may use the mark himself or herself provided it is also used by other authorised persons in accordance with the rules governing such use. Collective marks PART VII — International Registration under the Madrid Protocol 48. The Registrar shall forward an international application to the International Bureau in compliance of section 94 (2) of the Act upon the applicant paying the transmittal fee set out in the Second Schedule. Initial examination of international applications 49. The holder of an international registration designating Botswana of a collective mark or a certification mark shall submit to the office within two months the rules governing the use of the collective mark or a certification mark. 50. A request of the holder of an internationally registered mark, to record a note of that international registration in the register of the mark that was registered in Botswana, in terms of section 103 (2), shall pay the fee as set out in the Second Schedule. 51. An application for registration of a cancelled international registration in terms of section 104 (4) of the Act, shall be made in Form 16 set out in the First Schedule accompanied by the fee set out in Second Schedule. 52. (1) Any person who wishes to oppose the registration of internationally registered mark shall file, with the Registrar a notice of opposition within three months from the date of publication in the Journal. Collective and certification marks Replacement of internationally registered mark Transformation Opposition of registration of internationally registered mark

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