A.60 Transformation (d) the priority date, if any, of the registration in Botswana; and (e) information relating to any rights acquired by virtue of the registration of the mark in Botswana. 104. (1) Where an international registration designating Botswana is cancelled at the request of the office of origin in accordance with Article 6 (4) of the Madrid Protocol, in respect of all or some of the goods or services listed in the international registration, the person who was the holder of the international registration at the date of its cancellation may, under Article 9 quinquies of the Madrid Protocol, file with the Office, within three months from the date on which the international registration was cancelled, an application for registration of the same mark in respect of goods or services covered by the cancelled international registration. (2) An application under subsection (1) shall be treated as if it had been filed on the date of the international registration or on the date of the recording of the territorial extension to Botswana and, if the international registration enjoyed priority, the application shall enjoy the same priority. (3) Subject to this section, the provisions applicable to an application for registration filed directly with the Office shall apply with necessary modification to an application resulting from transformation under subsection (1). (4) An application under subsection (2) shall be made on such a form as may be prescribed for application for registration of a mark and shall include the following — (a) a statement that the application is made by way of transformation; (b) the registration number of the international registration which has been cancelled; (c) the date of the international registration, or the date of recording of the territorial extension to Botswana, where applicable; (d) the date on which the cancellation of the international registration was recorded; and (e) the date of any priority claimed in the international application and recorded in the International Register, where applicable. (5) An application for registration under this section shall be subject to the payment of the prescribed fee. (6) Where the mark under the international registration had become protected in Botswana on or before the date on which the international registration was cancelled, and provided that all the requirements relating to an application to register that mark under subsection (1) are met, the mark shall be registered by the Office and such registration shall bear the date of the cancelled international registration or, where applicable, the date of recording of the territorial extension to Botswana, and shall enjoy any priority enjoyed by the cancelled international registration.

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