Can someone challenge a trademark application in Botswana?

Yes, a trademark application can be opposed for the following reasons:

• Existing earlier or proprietary rights


• Mark is descriptive


• Mark lacks distinctiveness


• Mark is functional


• Violation of copyright


• Rights to a well-known mark


• Use of protected flags or emblems


• Mark registered by an agent or representative


• Rights to a trade name


• Rights to a registered design


• Rights to a personal name


• Mark is generic


• Mark indicates a geographical origin


• Mark is considered immoral


• Non-compliance with the Industrial Property Act, 2010


• Mark is misleading


• Mark is identical to a well-known mark in Botswana


• Mark resembles protected state flags, emblems, or armorial bearings