Trademarks Law in Ghana
Trademark Law in Ghana
1. Legal Framework
Trademark protection in Ghana is governed by:
Trademarks Act, 2014 (Act 715)
Trademarks Regulations, 2016 (LI 2248)
Administered by the Registrar-General's Department of Ghana
Ghana is a member of international treaties such as:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (joined in 2016)
TRIPS Agreement (as a WTO member)
2. What Can Be Registered as a Trademark?
A trademark may include:
Words, names, letters, numerals
Logos, designs, symbols
Shapes, colors, combinations thereof
Sounds, holograms, and other signs capable of graphical representation
The mark must be distinctive and capable of distinguishing the goods/services of one enterprise from others.
3. Trademark Registration Process
Filing Authority: Registrar-General's Department
Steps:
Search (optional but recommended): Check for existing marks to avoid conflicts.
Application Submission: Includes representation of the mark and list of goods/services.
Formal Examination: Checks compliance with filing requirements.
Substantive Examination: Checks for distinctiveness and conflicts.
Publication: Application published in the Trademarks Journal for 2 months for opposition.
Registration: If no opposition or opposition is unsuccessful, the trademark is registered.
4. Duration and Renewal
Trademark protection lasts for 10 years from the filing date.
Renewable indefinitely for successive 10-year periods upon payment of renewal fees.
There is a grace period of 6 months for late renewal with payment of surcharge.
5. Rights Conferred
Exclusive right to use the mark in relation to the registered goods/services.
Right to prevent unauthorized use or imitation.
Right to license, assign, or mortgage the trademark.
Legal recourse against infringement.
6. Infringement and Enforcement
Infringement includes unauthorized use of identical or confusingly similar marks on related goods/services.
Remedies:
Injunctions
Damages or account of profits
Seizure and destruction of infringing goods
Criminal sanctions in serious cases
Enforcement is through Ghanaian courts.
7. International Protection
Ghana joined the Madrid Protocol in 2016, enabling trademark owners to file international applications designating Ghana.
Ghana recognizes priority rights under the Paris Convention.
Summary
| Feature | Details |
|---|---|
| Governing Law | Trademarks Act, 2014 (Act 715) |
| Registration Authority | Registrar-General's Department |
| Protection Duration | 10 years, renewable indefinitely |
| Madrid Protocol Member | ✅ Yes (since 2016) |
| Opposition Period | 2 months after publication |
| Infringement Remedies | Civil and criminal |
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