Introduction
In today's competitive business environment, protecting your brand is essential. One of the most effective ways to safeguard your brand identity is through trade mark registration. In Ghana, trade marks offer legal protection for unique names, logos, and symbols associated with your business. Understanding the requirements, timeline, and costs involved in the registration process is key to a smooth application experience.
Definition
Trade mark means any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings, including words such as personal names, letters, numerals and figurative elements.
Legal and Regulatory Framework
Trade mark registration is governed by the Trade Marks Act, 2004 (Act 664) and supplemented by the Trade Marks Regulations, 1970 (L.I. 667) as amended by L.I. 1707. The Fees and Charges Act, 2022 (Act 1080) outlines the applicable costs for registering a trade mark in Ghana. The Trade Marks Registry of the Registrar General's Department is responsible for the registration of trade marks in Ghana.
Requirements
Before initiating the trade mark registration process, it is highly advisable to conduct a name search at the Trade Mark Registry. While not mandatory, this step helps to identify any existing trade marks that may conflict with the application. Once the search is completed, the following requirements must be fulfilled to register the trade mark:
1. Application Form
The applicant must complete the Trade Mark Form No. 2 at the Trade Marks Registry. Under L.I 667, each application shall be for registration in respect of goods in one class only of Schedule 1.
2. Representations of the Trade Mark
The applicant must submit the following along with the application form:
- Four (4) representations of the trade mark.
- A list of goods or services for which the trade mark is requested, using the International Classification.
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.
3. Eligibility Criteria for the Trade Mark
The proposed trade mark for must meet certain conditions to ensure its eligibility for registration. These include:
- The trade mark must be capable of distinguishing the applicant's goods or services from those of others.
- The trade mark must not be:
- A trade name.
- Contrary to public order or morality.
- Misleading or have the potential to mislead the public with particular reference to the geographical origin or nature of the goods or services.
- Identical to or be an imitation of or contains as an element, an armorial bearing, flag, emblem, name, abbreviation or initials of the name, official sign or hallmark adopted by a State, intergovernmental organization or organization created by an international convention unless authorised by the competent authority of that State or organization.
- Identical to, confusingly similar to or a translation of a well-known trade mark or trade name of an enterprise in Ghana offering identical or similar goods or services.
- Identical to, confusingly similar to or a translation of a well-known trade mark or trade name of an enterprise in Ghana offering goods or services unrelated to those under application, if its use would indicate a connection with the owner of the enterprise and would likely damage their interests.
If the representations submitted are deemed unsatisfactory, the Registrar may request a replacement that meets the required standard.
4. Payment of Application Fee
The prescribed application fee must be paid for the registration process to proceed.
5. Foreign Applicants
Applicants whose principal place of business is outside Ghana must apply through a legal entity authorized to operate in Ghana.
6. Consent for Use of Name or Representation of a Person
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.
7. Translation of Non-English Words
If the trade mark includes words in a language other than English, the applicant must submit a translation of those words.
Timeline
1. 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.
2. 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.
3. Validity and Renewal
A registered trade mark is valid for ten (10) years from the date of application and it can be renewed for further periods of ten (10) years.
Costs
The fee structure for trade mark registration in Ghana is outlined below:
- Trade mark name search (Optional): US$135
- Application fees: $240
- Trade Mark Certification: $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.
