In Ghana, Trademark registration is governed by the Trademarks Act of 2004; which defines a trademark as a sign or combination of signs capable of distinguishing the goods or services of more undertaking from the good or services of any other undertaking including words such as personal names, letters, numerals, and figurative elements.
In Ghana, trademarks can be categorized into two groups; service marks and product marks. A service mark refers to a word, phrase, symbol, or logo used to identify a service provided by a company; while a product mark refers to a mark used to brand
and distinguish a product from others in the marketplace. In Ghana, trademarks are broken down into classes. Classes 1-34 are for products while 35-45 is reserved for products.
Trademarks can be registered by natural persons and legal entities such as a company. Prior to the registration of a trademark in Ghana, a search must be conducted with the trademark registry to determine the availability of the particular mark. Where a search reveals that a particular mark is not available for registration in Ghana, the applicant must change or alter the mark and then conduct another search. If the search indicates that the trademark is available, the process of registration will commence with an application and the payment of the requisite fee.
Upon receipt of the trademark registration application, the Registrar will examine the same to determine if the application meets all the requirements. The documents and information required for the filing of trademark licensees in Ghana include ten prints of
the trademark, a signed power of attorney, and proof of. payment of statutory fees charged by the Registrar, a properly executed application accompanied by a declaration claiming the priority of an earlier national or regional application filed by the applicant, the full name and company’s or person’s address and description of the applicant including the trading style if any and country of incorporation if incorporated.
Once the Registrar is satisfied that all the requirements have been met, the mark is published in a gazette or in an official journal or print media. At this juncture, an interested party who has an interest in the mark can file a notice of opposition to challenge the registration. Where the interested party is successful, the Registrar will reject the application. In Ghana, an interested party can challenge a trademark application on the grounds that the mark is identical to another mark owned by the interested party, that the mark resembles another trademark so closely that it may lead to deception and/or confusion in the marketplace, that it contains elements which imitate a state emblem, or that it is contrary to public morality.
If there is no opposition within the prescribed time limit, or where there was an opposition that was overruled, the Registrar will assign to the published mark a reference and then issue a registration certificate Under the Trademark Act, in Ghana, the term of protection for trademarks as afforded under registration is for a period of ten years from the filing date of the application for registration.
