Preface:

Trademark registration is a core step in establishing and protecting brands in Ghana. To ensure the fairness of trademark registration and prevent conflicting trademarks from entering the register, Ghana has established a trademark opposition system. This system provides stakeholders with an opportunity to raise objections at a critical stage before trademark registration. This article will systematically introduce the five core elements of Ghana's trademark opposition system.

1、 Ghana Trademark Objection Handling Institution

The official body responsible for accepting, managing, and adjudicating trademark opposition procedures in Ghana is the Ghana Intellectual Property Office (GIPO), which is specifically executed by its subordinate Trademark Registry.

Core Responsibilities:

Receive and review the objection notice and related documents submitted by the applicant.

Formally deliver the notice of objection to the applicant (respondent) of the opposed trademark.

Receive and review the defense submitted by the objector.

Manage the process for both parties to submit evidence and written statements in the future.

Organize and preside over hearings (if necessary or at the request of one party).

Based on the materials, evidence, and legal basis submitted by both parties, the objection case will be heard and a written ruling will be made (deciding to uphold the objection, reject the objection, or conditionally register).

Importance: The Registrar of the GIPO Trademark Registry is the first instance adjudicator of the objection procedure. The decision is not final, and any party (objector or respondent) who is dissatisfied with the ruling may appeal to the High Court of Ghana within the statutory time limit.

2、 Timing of Trademark Objection in Ghana

There is a strict legal time limit for raising objections, and if missed, the right to raise objections will be lost

1. Official announcement:After the trademark application is reviewed by GIPO (including formal and substantive examination, including search) and deemed to meet the registration requirements, it will be published in GIPO's official Trademark Journal.

2. Statutory objection period:The only legal window for interested parties to raise objections is within 2 months (60 days) from the date of announcement.

3. Criticality:Any interested party who believes that the registration of the published trademark will harm their own rights (such as those with prior rights) must submit a formal Notice of Opposition to GIPO within these 60 days. Objection notices submitted after the deadline will generally not be accepted (unless there are extremely special and sufficient reasons and special permission has been obtained from the registry, which is very difficult in practice).

3、 Basis for Ghana Trademark Objection Application

Objections must be based on the statutory grounds stipulated in the Ghana Trademarks Act 2004 (Act 664) and relevant regulations. Common and strong grounds for objection include:

1. Conflict of prior trademark rights:

Prior registration: The objector has a prior registered trademark in Ghana that is identical or highly similar, and is designated for the same or similar goods/services. Its registration and use can easily cause confusion for consumers (violating Article 1 (1) (a) (b) of the Trademark Law regarding the relative grounds for refusal of registration).

Prior use (unregistered but enjoying reputation): The objector has previously used (although possibly unregistered) the same or similar trademark on the same or similar goods/services in Ghana and has established goodwill. The registration and use of the opposed trademark may lead to counterfeiting (Passing Off), where consumers mistakenly believe that the goods/services of the opposed party are sourced from or associated with the objector.

2. Famous Trademark Protection:Even if the goods/services of the opposed trademark application are different or dissimilar to the opponent's trademark, if the opponent's trademark is well-known in Ghana (or internationally), the registration and use of the opposed trademark may:

Implying a connection with the objector, thereby harming their interests.

Causing the distinctiveness of the opponent's well-known trademark to be diluted or their reputation to be damaged (based on the protection principles of well-known trademarks under the Trademark Law and international convention obligations).

3. Lack of significance:The opposed trademark itself lacks distinctive characteristics that distinguish the source of goods or services, such as:

Only composed of symbols or generic names that describe the characteristics, quality, purpose, quantity, and place of origin of goods/services (violating Article 1 (1) of the Trademark Law) © Absolute reasons for refusing registration.

4. Deceptive or unethical/public order violations:

Opposed trademark: Deceptical, which can easily mislead the public about the nature, quality, or origin of goods/services.

Contains content that violates public policy or recognized ethical principles.

Contains symbols prohibited by law (such as national badges, official seals, etc.).

5. Malicious registration (Bad Faith):There is evidence to suggest that the applicant of the opposed trademark knew or should have known about the existence or rights of the objector's trademark, but still applied for registration of the trademark for improper purposes (such as preemptive registration, obstructing the objector's entry into the market, demanding high transfer fees, free riding, etc.).

6. Proxy or representative registration:The opposed trademark is registered by the agent or representative of the objector without their authorization (Article 1 (4) of the Trademark Law).

7. Other situations where registration is prohibited by law:Such as violating regulations on the protection of geographical indications.

The objector must clearly and specifically state one or more of the reasons on which they are based in the objection notice, and provide a preliminary summary of the facts supporting their claim.

4、 Ghana Trademark Objection Process (Five Stage System)

The trademark opposition procedure in Ghana is a typical adversarial procedure, with the following main steps:

1. Filing Notice of Opposition - TM5:

The objector shall submit a formal objection notice (Form TM5) to GIPO within the 60 day objection period.

The content includes: information of the objector, information of the opposed trademark (application number, announcement number, etc.), detailed statement of reasons for opposition, signature of the objector/agent.

Pay the official objection application fee.

2. GIPO acceptance and delivery:

GIPO conducts a formal review of TM5 (such as whether it is within the period, whether the format is correct, and whether the fees have been paid).

After the formal review is approved, GIPO will issue a confirmation of acceptance to the objector (usually through their agent).

GIPO will officially deliver a copy of TM5 to the objector (trademark applicant).

3. The respondent submits a defense statement (Counter Statement - TM6):

After receiving TM5, the objector has 2 months (60 days) to submit a defense statement (Form TM6) to GIPO.

The defense statement should respond to each allegation and reason in TM5, state the basis for defense, and indicate whether to acknowledge or deny the relevant facts.

Pay the official defense fee.

GIPO will deliver a copy of TM6 to the objector.

4. Evidence submission stage:

Evidence in Support: Within 2 months (60 days) of receiving TM6, the objector must submit written evidence supporting the objection, usually a statutory declaration/affidavit, and attach all relevant supporting documents (such as trademark registration certificate, prior use evidence, sales invoices, advertising materials, market research reports, consumer testimony, expert opinions, etc.).

Evidence in Support of Counter Statement: After the objector's evidence is submitted, the objector has * * 2 months (60 days) * * to submit written evidence in support of the defense (usually an affidavit and attachments).

Evidence in Reply - Optional: After the opponent submits evidence, the opponent usually has one month (30 days) to submit evidence in reply, mainly to respond to new arguments or evidence raised in the opponent's evidence. (Note: This stage may sometimes be adjusted based on practice or instructions from the registrar)

Evidence exchange completed: After all required evidence has been submitted, GIPO will confirm the end of this stage.

5. Written statement/hearing:

Written Submissions: After the exchange of evidence is completed, the registrar usually requires both parties to submit written submissions, detailing the facts, evidence, and legal arguments of the case, and explaining their reasons for winning the case. The order and deadline for submitting statements shall be determined by the registrar.

Hearing: The registrar usually arranges an oral hearing. Either party may also proactively request a hearing. At the hearing, the lawyers (or representatives) of both parties make oral arguments to the registrar, emphasizing the core evidence and legal basis of their own views, and refuting the other party's arguments. Hearing is a crucial step in in-depth debate and clarification of issues, but not all cases are mandatory.

6. Registrar's Decision:

Oppose Upheld: Reject the opposed trademark application (in whole or in part).

Oppose Dismissed: Reject the objection and allow the opposed trademark to continue the registration process.

Conditional registration (rare).

After a comprehensive review of all documents (TM5, TM6, evidence, written statements) and consideration of the hearing content (if any), the registrar makes a written decision.

The ruling result is usually:

7. Appeal:

Either party who disagrees with the decision of the registrar may appeal to the High Court of Ghana within the statutory appeal period after receiving the decision (usually 30 days, subject to court rules). The High Court will conduct a retrial or legal review based on the situation.

5、 Ghana Trademark Objection Period

The trademark opposition process in Ghana has a relatively long cycle and is influenced by various factors

1. Flexibility of statutory time limits:Although the law stipulates a basic time limit for each step (such as 60 days for submitting evidence), in practice, the time limit is often extended upon request by one party and with the consent of the other party (or unilateral request approved by the registrar). This is the main reason for the prolonged cycle.

2. Case complexity:The number of legal disputes involved in a case, the amount and complexity of evidence materials, whether it involves multiple categories, whether it involves well-known trademarks or complex factual determinations, all significantly affect the speed of processing.

3. GIPO workload and efficiency:The progress of the registrar in handling cases directly affects the overall time.

4. Arrangements for the hearing:Arranging a hearing requires coordinating the time of both lawyers and the registrar, which will result in additional waiting time.

5. Whether to appeal:Once the case is appealed to the High Court, the entire dispute resolution cycle will be greatly extended, possibly adding several years.

Typical Cycle Estimation (from Submission of Objection Notice to Registrar's Decision):

Ideal/No Extension Scenario: If both parties strictly adhere to all legal deadlines and do not apply for an extension, the efficiency of the registrar's processing may be high, which may take 12-18 months. But this is very rare in practice.

Reality (with delay): Considering the common delay applications and processing time of GIPO during the evidence submission stage, it usually takes 18 months to 3 years or even longer from submitting TM5 to obtaining the registrar's ruling.

Including appeals: If the case is appealed to the High Court, the entire objection dispute (from TM5 to obtaining the final judgment of the court) may last for 3 to 5 years or even longer.