Ever wondered why no one else can sell fizzy drinks called “Coca-Cola” or slap Apple’s logo on their own gadgets? The short answer is trademarks.
A trademark is more than a fancy name or a catchy logo. It is how customers recognise you. It sets your goods or services apart and quietly tells people, “This is us. This is what we stand for.”In Ghana, trademarks are protected by law, but that protection only kicks in if you follow the proper legal process.
Here is a simple guide to what counts as a trademark and what it takes to get one registered in Ghana.
So, what exactly is a trademark?
A trademark can be a word, logo, symbol, name, or a combination of these. It is your brand’s identity in the marketplace. Think of “KFC,” the Nike swoosh, or even a familiar advertising jingle. All of these qualify as trademarks.
Under Ghana’s Trademarks Act, 2004 (Act 664), as amended by the Trademarks (Amendment) Act, 2014 (Act 876), a trademark is any sign capable of distinguishing your goods or services from those of others. If people can see it or hear it and immediately know it belongs to you, you are on the right path.
What do you need to register a trademark?
Not every name or design can be registered. The law sets clear limits, and your mark must meet certain requirements before the Registrar approves it.
1. It must not be generic or merely descriptive
If your mark simply describes the product, it will not qualify. Using “Body Cream” for a moisturiser or “Tomato Paste” for canned tomatoes will almost certainly fail. Trademarks are meant to show who made the product, not just what the product is.
This rule is grounded in section 5(b) of the Trademarks Act, which requires a mark to be capable of distinguishing your goods or services from others.
There is, however, an important exception.
In Procter & Gamble Co. v OHIM ([2001] ETMR 75), P&G tried to register “BABY-DRY” for disposable diapers. The trademark office rejected it as descriptive. The European Court of Justice disagreed. Although “baby” and “dry” are descriptive on their own, the court found that “BABY-DRY” was an unusual and unnatural phrase. Because of that odd construction, it had enough distinctiveness to function as a trademark.
The lesson is simple. Creativity matters.
2. It must be distinctive
Your mark must stand out. It shouldn’t be something every other business might use. A unique name, logo, or design helps people recognise that the product or service comes from you and not someone else.
In the “BABY-DRY” case mentioned earlier, the court explained that even though the individual words were descriptive, the unusual way they were combined made the phrase distinctive. The key lesson? A bit of creativity in how you phrase or design your mark can make all the difference.
3. It must not be misleading
A trademark should not deceive the public about the nature, quality, or origin of the goods or services. Calling your product “Volta Coffee” when it has no connection to the Volta Region could raise serious issues.
In the Windsurfing Chiemsee case [1999] ECR I-2779, the court explained that geographical names can only function as trademarks if the public associates the name with the product itself, not just the place.
4. It must not offend public morals
Section 5(c) of the Act bars the registration of trademarks that are obscene, offensive, or contrary to accepted moral standards. This helps maintain public trust in the trademark system.
5. It must not copy someone else’s brand
If your mark is confusingly similar to an existing trademark, especially a well-known one, it can be rejected. Famous brands are protected even outside their main line of business.
So launching a fashion brand called “Coca-Kola” with red bubbly lettering and slogans like “Feel the Fizz” is asking for trouble. Even if you are not selling drinks, you would still be trading on Coca-Cola’s identity. That is what the law calls brand dilution.
How do you register a trademark in Ghana?
Once your mark meets the legal requirements, the process is fairly straightforward:
• Apply to the Registrar of Trademarks.
• Submit a clear representation of the mark and a list of the goods or services it will cover.
• The Registrar examines the application and, if satisfied, publishes it for opposition.
• If no objections are raised, or if any objections fail, a certificate of registration is issued.
A registered trademark lasts for ten years and can be renewed for consecutive periods of 10 years subject to payment of the prescribed fees.
Protecting your trademark beyond Ghana
A Ghanaian registration only protects your brand within Ghana. If you plan to expand across Africa or beyond, you will need additional protection.
Ghana is part of several international agreements that help trademark owners secure protection abroad. These include:
• The Paris Convention, which allows you to rely on your original filing date when applying in other member countries.
• The Banjul Protocol (ARIPO), which makes it possible to protect a trademark in multiple African countries through a single application.
• The TRIPS Agreement, which requires WTO members to protect well-known trademarks, even across different types of goods or services.
These frameworks make cross-border brand protection more accessible.
Why bother registering?
Registration gives you real legal power. It grants you the exclusive right to use your trademark and to stop others from using it without permission. It also adds value to your business and signals credibility to customers, partners, and investors.
One more thing: talk to a lawyer
Trademark registration may look simple, but small missteps can cost you time, money, or even your brand name. A lawyer can help with clearance searches, objections, and drafting a strong application. Before you print that logo or launch that product, getting proper advice is the bestmove.
If you are serious about your brand, do not leave it exposed. Whether you run a skincare business in Tamale or a fashion label in Osu, registering your trademark is a smart step. Just remember, not every mark qualifies. Make sure yours is distinctive, honest, and truly yours. Your brand is your voice in the market. The law is there to help you protect it.
