Introduction
Registering a trade mark is a critical step in protecting your brand and ensuring its uniqueness in the marketplace. This guide will walk you through each step of the trademark registration process in Ghana, ensuring that you know exactly what to do to protect your intellectual property.
1. Trade Mark Search
Conducting a trade mark search at the Trade Mark Registry is a recommended first step before applying for registration. This search, although not mandatory, helps to ensure that the proposed trade mark does not conflict with any pre-existing registered or pending marks.
2. The Registration Process
2.1 Application Form
The registration process begins with the completion of the Trade Mark Form No. 2. The applicant must also attach the following to the form:
- Four (4) representations of the trade mark.
- A detailed list of goods or services associated with the trade mark, classified under the International Classification system.
If the trade mark is to be registered in more than one class, the applicant must supply two additional representations for each additional class after the first.
2.2 Eligibility Criteria for a Trade Mark
- Distinctiveness
The trade mark must be capable of clearly distinguishing the applicant's goods or services from those of others. - Public Order
The proposed trade mark must not violate public order or morality. - Misleading Nature
The trade mark must not be misleading or have the potential to mislead the public with particular reference to the geographical origin or nature of the goods or services. - State Emblems and Official Signs
The trade mark must not be identical to or be an imitation of emblems, flags, or other official signs adopted by a state or intergovernmental organization unless authorized by the competent authorities. - Similarity with Existing Trade Marks
The trade mark must not be identical or confusingly similar to a well-known and registered trade mark in Ghana.
2.3 Additional Requirements for Registration
- Consent Requirement
If the trade mark includes the name or representation of any person, their written consent (or, if deceased, the consent of their legal representatives) must be provided. Without such consent, the Registrar may refuse the application. - Translation of Non-English Terms
Any words in a language other than English must be translated and submitted with the application. - Foreign Applicants
Applicants whose principal place of business is outside Ghana must apply through a legal entity authorized to operate in Ghana.
3. Examination and Approval
3.1 Review by the Trade Mark Registry
Upon receipt of an application, the Registrar conducts a thorough search to ascertain whether there are any registered marks or pending applications that are identical or similar to the trade mark applied for. The Registrar may choose to renew the search at any time before accepting the application.
3.2 Publication of the Application
Upon meeting the specified requirements, the Registrar will publish the trade mark application in the Industrial Trade Marks Bulletin (Journal) for a period of two (2) months. During this time, any interested party may file a notice of opposition to the registration.
3.3 Issuance of Certificate
If the registration is not opposed within the prescribed time limit, or if any opposition is decided in favor of the applicant, the Registrar will proceed to register the trade mark, publish a reference to the registration, and issue the applicant with a certificate of registration.
4. Post-Registration
4.1 Validity and Renewal
The trade mark is valid for ten (10) years from the date of application. It may be renewed for further periods of ten (10) years.
4.2 Non-Use of Trade Mark
Registered trade marks that remain unused for five (5) consecutive years are vulnerable to cancellation. This ensures that trade marks are actively used and not registered merely to block competitors.
4.3 Assignment of Trade Mark
Trade marks can be assigned to third parties. A person entitled by the assignment or transmission of a trade mark must register same at the Trade Mark Registry by submitting the relevant documents that evidence the assignment or particulars of the assignment.
5. Costs of Trade Mark Registration
The total costs for trade mark registration in Ghana are as follows:
- Trade Mark Search Fee: $135
- Application Fee: $240
- Certification Fee: $240
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
