ARTICLE
19 August 2024

The Registration Of A Trade Mark In Ghana (Industrial Property Registration) Under Trade Mark Regulations, 1970 (L.I 667)- The 7 Stages Of The Process You Must Know

LS
Legalstone Solicitors

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Legalstone Solicitors is a top-tier boutique law firm in Ghana, uniquely positioned to help clients achieve their business needs. Its client-focused approach to legal services means clients are assured of technical savvy and reliable legal assistance that guarantees the best results. The firm leverages its talent, innovation and core values to sustain client’s business needs in Ghana and Africa. Its focus is to be the best at providing clients with quality, unmatched legal services. The firm relentlessly pursues the delivery of outstanding results for clients, and represents what clients look for in a law firm- a genuinely committed firm deeply rooted in honesty and integrity. It provides services in the field of gaming law, corporate and commercial, corporate immigration practice, metals and mining, debt recovery and restructuring, real estate, family law, and international commercial arbitration. The firm offers competitive, affordable and practical commercial advice to a broad spectrum of clients.
Before you embark on the trade mark registration journey, it's crucial to conduct a preliminary search. This step ensures that no identical trade mark has been registered or is pending registration.
Ghana Intellectual Property
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1. Preliminary Search (Optional)

Before you embark on the trade mark registration journey, it's crucial to conduct a preliminary search. This step ensures that no identical trade mark has been registered or is pending registration. Under Regulation 5 of L.I. 667, the Registrar is mandated upon receipt of a trade mark application to conduct a search for registered marks and pending trade mark applications. This search is to ascertain whether there are any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion. This knowledge will equip you with a clear understanding of the trade mark landscape, making you feel informed and prepared.

2. Trade Mark Application

The trade mark form is filled out at this stage with the necessary information, and then four copies of your designs or trade mark names of the products or services you intend to register are attached. However, suppose the Registrar is dissatisfied with any representation of a mark. In that case, they may require another satisfactory representation to be substituted before proceeding with the application.

Furthermore, where the name or representation of any person appears on a trade mark, the Registrar may, before proceeding with the application to register the mark, require the consent of that person or, if they are recently dead, of his legal representatives. In default of such consent, he may refuse to proceed with the application.

Again, where a trade mark contains a word or words in a language other than English, the Registrar may ask for an exact translation, and if he so requires, the translation shall be endorsed and signed as aforesaid.

3. Review of The Trade Mark By The Trade Mark Registry

Once your trade mark application is submitted, it undergoes a thorough review by the Registry. This review is to ensure that your application conforms to the requirements in Act 664. The meticulousness of this process should instill confidence in the fairness and integrity of the system.

4. Publication And Opposition of Trade Mark

After your trade mark application is published, it enters a period where it can be opposed. If there is an opposition to your application, the person opposing can file a notice of opposition. This process ensures that all potential challenges are addressed, making you feel aware and prepared for any eventuality.

5. Certification of Trade Mark

A certificate is issued to the applicant if there is no opposition to the trade mark application.

6. Renewal of Trade Marks

Renewal of trade marks is done every ten years (10) upon payment of the fee prescribed for renewal.

Notably, the registration is vulnerable to cancellation if the is not used for five (5) years following registration.

7. The Cost of Registering a Trade Mark In Ghana

The official fee for filing a trade mark application in Ghana is US$615 or its Cedi Equivalent. The fee breakdown is stated below.

  1. Trade mark Name Search (Optional) - US$135
  2. Application Fees - US$240
  3. Issuance of Certificate - US$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.

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