Trademark registration in Ghana. Ghana, officially the Republic of Ghana, is a country in West Africa. Ghana is an average natural resource enriched country possessing industrial minerals, hydrocarbons, and precious metals. It is an emerging designated digital economy with mixed economy hybridization and an emerging market. It has an economic plan target known as the “Ghana Vision 2020”. This plan envisions Ghana as the first African country to become a developed country between 2020 and 2029 and a newly industrialized country between 2030 and 2039. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Ghana.
Applicants qualified to file for trademark applications in Ghana
Any individual or legal entity claiming to be the proprietor of a mark being used or intended to be used in Ghana is qualified to file a trademark application to obtain ownership of a trademark in Ghana.
It should be noted that applicants who are not local residents or not having their principal place of business in Ghana must be represented by a legal practitioner resident and practicing in Ghana.
Foreigners in Ghana are protected in the same manner as local residents in Ghana.
Trademark registrable in Ghana
The trademarks registrable in Ghana must satisfy the following conditions:
- Distinguishable: The mark must be able to differentiate the goods or services of its owner from the goods or services of others.
- Distinctive: The mark must be able to be adequately distinctive enough in order to allow the consumers to recognize its purpose which is to offer a particular product or service.
Both collective and service marks are registrable in Ghana.
Forbidden trademarks in Ghana
The forbidden marks that are not allowed to register in Ghana are:
- Marks that are trade names;
- Marks that are contrary to public order or morality;
- Marks that are likely to mislead the public or trade circles regarding the geographical origin, the nature of the characteristics of the goods or services;
- Marks that are similar or identical to, or overall an imitation of state emblems, flags, etc. (without proper permission from the competent authority);
- Marks that are conflicting with prior rights for same goods or services;
- Marks that are likely to deceive or cause confusion.
The procedure of trademark registration in Ghana
In order to become the legal owner of a trademark in Ghana, the applicants need to file a trademark application to the Trademark Registry. After receiving the application, the Registrar will conduct a preliminary review to ensure that the applicant complies will the law and no errors are made.
Subsequently, the registrar will evaluate the application and decide if it qualifies for registration. If no errors are detected and the trademark passes through all examinations, the trademark will be published in the Trademark Journal.
At this moment, the trademark is opened for opposition from third parties. If there is no opposition, the applicant will be granted an official certificate of registration.
The trademark in Ghana is valid for 10 years from the registration date. After 10 years, the trademark owners need to file for renewal to extend the validity period of the trademark for another 10 years.
If the trademark owners miss the deadline for filing for renewal, they can still file for renewal in a grace period of 6 months after the expiration date with an additional late payment fee.
You can see a list of Ghana IP firms here.