A mark shall not be registered if it is:

(a) incapable of distinguishing the goods or services of one enterprise or business from those of another enterprise or business;

(b) contrary to public order or morality;

(c) likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned, or their nature or characteristics;

(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.