A.55 84. The rights in a mark may be transferred by cession, assignment, testamentary disposition or by operation of law. 85. (1) The registration in respect of a mark shall expire 10 years after the filing date of the application for its registration, but may, upon the written request and payment of the prescribed renewal fee, be renewed for consecutive periods of 10 years. (2) Where the owner of a registered mark is late in paying the renewal fee, the Registrar shall, upon payment of such surcharge as may be prescribed, give him or her a period of grace of six months within which he or she must pay the late renewal fee. (3) The rights of a registered owner shall lapse immediately after the expiry of the six months grace period. 86. (1) Any interested person may apply to the Registrar for the invalidation of the registration of a mark on the grounds specified in section 74 (2) or on the grounds that the definition of a mark as specified under this Act has not been satisfied. (2) An application for the invalidation of a registration of a mark shall be served on the owner of the mark in the prescribed manner. (3) Any invalidation of the registration of a mark shall be deemed to have been effective from the date of registration of the mark and a reference thereto shall be published by the Registrar in the Journal as soon as possible. 87. (1) Any interested person may make an application to the Registrar to remove, from the register, a mark in respect of any of the goods or services in respect of which it is registered on the ground that up to one month prior to filing the application, the mark had, after its registration, not been used in Botswana by the registered owner or a licensee during a continuous period of three or more years. (2) The Registrar shall not remove a mark from the register if the owner of the mark shows that circumstances existed which prevented the use of the mark and that there was no intention not to use the mark in respect of those goods or services, or that there was no intention to abandon the use of the mark in respect of the said goods or services. (3) An application for the removal of a mark from the register of marks shall be served on the owner and filed with the Registrar in the manner and within the time prescribed. 88. (1) An owner of a mark who loses rights on the mark under section 85 or 87 may apply, within two months, to the Registrar for the reinstatement of his or her rights on the mark, giving reasons. (2) The Registrar may reinstate the rights of the owner of the mark where it emerges that failure to comply with the time limit occurred regardless of due care as required by the circumstances having been taken, subject to payment of a re-instatement fee. Transfer of rights in mark Duration and renewal of registration of mark Invalidation of registration of mark Removal of mark on grounds of non-use Reinstatement of lapsed mark rights