A.50
(d) a mark that consists exclusively of a sign or indication which
may serve in trade to designate the kind, quality, quantity, intended
purpose, value, geographical origin or the time of production of
the goods or of rendering of the service, or other characteristics
of the goods or service;
(e) a mark that consists exclusively of a sign or indication which has
become customary in the current language or in the bona fide
and established practices of the trade in respect of the goods or
services for which it is to be registered;
(f) a sign that consists exclusively of —
(i) the shape which results from the nature of the goods themselves,
(ii) the shape of goods which is necessary to obtain a technical
result, or
(iii) the shape which gives substantial inherent value to the goods;
(g) identical to, or is an imitation of, or contains, as an element, an
armorial bearing, flag or other emblem, a name, abbreviation or
initials of, or official sign or hallmark adopted by, any State, inter
governmental organization or organisation created by an
international convention, unless the competent authority of that
State or organization has given authorisation for such bearing,
flag, emblem, name, abbreviation or initials, official sign or
hallmark to be used by an applicant for a registered mark;
(h) identical to, or confusingly similar to, or constitutes an imitation,
a translation or a transliteration of, a mark or trade name which
is well known in Botswana for identical or similar goods or
services of another enterprise, or if it is well known in Botswana
for goods or services which are not identical or similar to those
in respect of which registration is applied for;
(i) identical to, confusingly similar to, or constitutes a translation or
a transliteration of a geographical indication used to designate or
distinguish the same goods for which the mark is to be used, or to
designate different goods where the use of that mark would pose
a risk of misleading the public as to the origin of the goods or services
designated by the mark; or
(j) identical to a mark belonging to a different owner of a registered mark
and already on the register, or with an earlier filing or priority date, in
respect of the same goods or services or closely related goods or
services, or if it so nearly resembles such a mark as to be likely to
deceive or cause confusion.
(3) For purposes of subsection (2) (h) —
(a) the use of the mark in relation to those goods or services should
indicate a connection between those goods or services and the
owner of the well known mark;
(b) the interests of the owner of the well known mark shall not be
prejudiced by such use; and