A.58 Lapse of basic application or basic registration Initial refusal of registration by Office Refusal of registration by Office Registration under Madrid Protocol Opposition to protection of internationally registered mark 95. Where, within 5 years from the date of the international registration, the basic application filed in Botswana or the basic registration resulting therefrom ceases to have effect, the Office shall notify the International Bureau accordingly and shall request the cancellation of the international registration in respect of the goods and services affected. 96. (1) Where the Office finds that the mark that is the subject of an international registration designating Botswana cannot be protected, it shall notify a provisional refusal of protection to the International Bureau complying with the requirements prescribed in the Madrid Protocol and the Regulations. (2) The holder of the international registration referred to under subsection (1) shall enjoy the same remedies as if the mark had been filed for registration directly with the Office in terms of Part VIII. 97. Where the Office determines that the mark does not comply with the requirements specified under section 74 (2), it shall notify the International Bureau in accordance with the relevant provisions of the Madrid Protocol and the Regulations that, to the extent that the requirements are not met, registration and protection in Botswana is refused. 98. (1) Subject to section 99, a mark which is registered under the Madrid Protocol and contains a designation of Botswana shall be protected in the same manner as if an application for registration had been filed under this Act on the date of its international registration. (2) The Registrar shall, where there is no refusal under section 97 or where such a refusal has been withdrawn, register the mark in the appropriate register and publish, in the Journal, a reference to the registration of that mark and any recording made in the International Register in respect of an international registration shall, to the extent that it applies to Botswana as a designated party, have the same effect as if it had been recorded in the register of marks at the Office. 99. (1) Any interested person may, on the grounds that the requirements of section 74 (2) have not been met, or that the mark does not comply with the definition of a mark as specified in this Act, the Madrid Protocol or the Regulations, give to the Registrar, within three months from the publication referred to in section 98 (2) and in such manner as may be prescribed, notice of his or her opposition to the protection of the mark. (2) The Registrar shall, as soon as he or she receives such notice, notify the International Bureau as prescribed in the Madrid Protocol and the Regulations, that protection in Botswana is provisionally refused pending the outcome of the opposition proceedings. (3) Where notification is made under subsection (2), the holder of the mark that has been registered internationally shall enjoy the same remedies as if the mark had been filed for registration directly with the Registrar.