A trademark is a unique sign, symbol, or design that helps people recognize and differentiate the products or services of one business from another. It can include names, logos, colours, sound, or a combination of these elements that sets a brand apart in the marketplace.
In Ghana, the Trademarks Act, 2004 (Act 664), as amended, outlines the process for registering and protecting trademarks. To get a trademark, you must apply through the Trademarks Registry of the Intellectual Property Office located at the Office of the Registrar of Companies. In today’s business world, trademarks are valuable assets, and registering them is important to protect your brand.
- Preliminary Search
The first step is usually a search at the trademark registry to ensure that no identical or similar trademark is already registered or pending. Though optional, it’s highly recommended. The law requires the Registrar to check for existing or pending, once an application is submitted. This ensures your trademark is unique and doesn’t cause confusion.
- Application for Trademark Registration
To register a trademark, you fill out the application form, provide copies of your logo, design or goods and services, and pay the required fee. If your trademark includes words in a language other than English, an accurate translation may be requested. Applicants based outside Ghana need to apply through a legal representative.
- Review of Application by the Trademark Registry
The Trademark Registry will review your application to ensure it meets all legal requirements. Your application may be rejected if the trademark is offensive, immoral, or too similar to an existing trademark. It must also be capable of distinguishing your design, goods or services from others. Well-known trademarks that could be confused with your application will lead to a rejection.
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- Publication of and Opposition to Trademark
If your application passes the review, it will be published in the Industrial Trade Marks Bulletin (Journal) for two (2) months. During this time, anyone can oppose the registration by filing a notice, usually if they believe your trademark does not meet legal standards.
If this happens, you will be notified and have the opportunity to defend your application. If the opposition is upheld, your trademark won’t be registered. However, if there is no opposition or you win the case, the process will move forward.
- Certification of Trademark
If no one opposes your application or the opposition is resolved in your favour, your trademark will be registered. A notice of the registration will be published, and you’ll receive a certificate.
- Renewal of Trademark
Your trademark is valid for ten (10) years, after which it can be renewed by paying the renewal fee. However, if you don’t use your trademark for five consecutive years, it could be cancelled. To avoid this, you must show that there were valid reasons for not using the trademark and that you didn’t intend to abandon it.
- Cost of Trademark Registration
The cost for a trademark application and the certification is $240 (GH¢3,829) for each. A search at the registry costs $135 (GH¢2,153) but it’s not mandatory since the Registrar must perform a basic check once you apply.
Registering your trademark is vital for protecting your brand. It gives you exclusive rights, shields you from competitors, and allows you to take legal action if someone uses a similar name or logo. A registered trademark also becomes a valuable asset that can be sold, licensed, or franchised, making it an important step in growing your business internationally.
Alhassan Aboagye on behalf of OSD & Partners
