Your Brand, Your Identity: What to Know About Trademarks in Ghana

Ever wondered why no one else can sell fizzy drinks called “Coca-Cola” or use Apple’s logo on their own tech gadgets? The short answer is trademarks.

A trademark is more than just a fancy name or a catchy logo. It’s how your customers recognise you. It sets your products or services apart from the rest and tells people: “This is us. This is what we stand for.” In Ghana, trade marks are protected by law, but there are rules. If you want to register one, there’s a legal process. 

Here’s a simple guide to help you understand what counts as a trade mark and what it takes to get it registered.

So, what exactly is a trademark?

A trademark can be a word, logo, symbol, name, or even a combination of these. It’s your brand’s identity in the market. Think of “KFC,” the Nike swoosh, or even the jingle from a GTP ad. All these are trade marks.

According to Ghana’s Trademarks Act, 2004 (Act 664), as amended by the Trademark (amendment) Act, 2014 (Act 876),  a trade mark is any sign that can distinguish your goods or services from someone else’s. If customers can look at it and know it’s yours, then you’re on the right track.

What do you need to register a trademark?

Not every name or design can be registered. The law sets some ground rules. Before your mark gets the Registrar’s stamp of approval, it needs to tick a few boxes.

1. It must not be generic or descriptive

If your mark just tells people what the product is, like using “Body Cream” for a moisturiser or “Tomato Paste” for canned tomatoes, it won’t make it past the Registrar. Why? Because the law says trade marks must help customers know who made the product, not just what the product is. This rule is backed by Section 5(b) of the Trademarks Act, which says the mark must be capable of distinguishing your goods or services from others.

There is, however, an important exception to take note of:
In Procter & Gamble Co. v OHIM ([2001] ETMR 75), P&G applied to register “BABY-DRY” for disposable diapers. The European trade mark office (OHIM, now EUIPO) rejected it, arguing that the phrase was descriptive and not distinctive, since it just referred to keeping babies dry.

But the European Court of Justice disagreed. They ruled that while the words “baby” and “dry” are descriptive on their own, the combination “BABY-DRY” was not a common or natural expression in English. Most people would say something like “dry baby diapers” or “keeps babies dry”. Because the phrase was unusual and syntactically odd, it had enough distinctiveness to qualify as a valid trade mark.

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

The law doesn’t allow trademarks that could lie to customers, especially about where a product comes from, the nature, or characteristics of the goods.  For example, using “Volta Coffee” when the beans weren’t grown anywhere near the Volta Region might be a problem.

This issue came up in the Windsurfing Chiemsee case [1999] ECR I-2779, where the court said if a name refers to a place, you can only use it if the public has come to associate that name with your goods, not just the location.

4. It can’t offend public morals

Section 5(c) says that any trademark that is rude, offensive, or goes against accepted moral standards cannot be registered. This rule helps protect public values and keeps the trademark system respectful and trustworthy.

5. It shouldn’t copy someone else’s brand

If your mark is too similar to another registered mark, especially a well-known one, it can be rejected. Ghana’s Act 664, section 5(f), even protects famous international brands from being copied outside their main business.

So if you decide to launch a fashion brand called “Coca-Kola” with red bubbly writing and slogans like “Feel the Fizz,” don’t be surprised if Coca-Cola comes knocking. Even if you’re not selling drinks, you’re still borrowing their identity, and that’s not allowed. The courts call that brand dilution.

How do you register a trademark in Ghana?

Once you’re sure your mark checks all the boxes, here’s what to do:

1. Apply to the Registrar of Trademarks (at the Office of the Registrar of Companies).
2. Submit a clear image of your mark, plus a list of goods or services it will be used for.
3. The Registrar examines the application. If it meets all requirements, it gets published for others to see.
4. If no one objects within the allowed time, or if any objection fails, the Registrar issues a certificate of registration.

Once registered, your trademark lasts for 10 years, and you can renew it every 10 years after that.

Protecting Your Trademark Beyond Ghana

Registering your trademark in Ghana only protects your brand within the country. But if you plan to grow your business across Africa or internationally, you’ll need extra protection under international rules and treaties.

Ghana is part of several international agreements that help trademark owners protect their brands in other countries, as long as they meet the required rules. These include:

• The Paris Convention, which lets Ghanaians keep their filing date when applying in other member countries.
  
• The Banjul Protocol (ARIPO), which allows one application to cover several African countries.
  
• The TRIPS Agreement, which makes WTO members, including Ghana, protect well-known trademarks, even if the products or services are different.

These agreements make it easier for businesses to protect their brands beyond Ghana.

Why bother registering?

Registering gives you legal power. Once your mark is registered, you have the exclusive right to use it, and you can stop others from using it without your permission. It also builds your brand’s value and makes you look professional and trustworthy.

One more thing, talk to a lawyer

Trademark registration may sound simple on paper, but in practice, small mistakes can cost you time, money, and your brand name. Whether it’s checking if your mark is already taken, responding to objections, or drafting the right application, a lawyer with experience in intellectual property can help you get it right the first time. So before you print that new logo or launch that product, speak to a lawyer. It’s a smart investment in your brand’s future.

If you’re serious about your brand, don’t leave it unprotected. Whether you run a skincare business in Tamale or a fashion label in Osu, registering your trademark is a smart step. But remember: not all marks qualify. Make sure yours is distinctive, honest, and truly yours. Your brand is your voice in the market. Let the law help you protect it.