- African
2. The current trademark regulations in Ghana are based on the Trademark Law promulgated on January 29, 2004, which was revised in 2014.
3. The trademark affairs in Ghana are uniformly managed by the Registration Office of the Ministry of Justice, and the official language is English.
4. Ghana's trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed through "prior use".
Ghana is a party to international intellectual property treaties such as the TRIPS Agreement, the Paris Convention, the WIPO Convention, the Singapore Treaty, and has joined the Madrid Protocol. Therefore, trademark registration can be processed through either "single country registration" or "Madrid international registration".
The protection period for Ghana trademark applications is 10 years, calculated from the date of application. If not approved for use within 10 years, it can be renewed, with each renewal valid for 10 years, and can be renewed again in the name of the original registrant. If the renewal application is not submitted within the prescribed time limit, anyone has the right to apply to the Ghana Intellectual Property Office for the cancellation of the trademark. But before cancellation, the trademark will still be protected.
1. Trademark registration application: including the applicant's basic information, specific description of the trademark, trademark design, date of use, and classification of goods or services.
2. Applicant's identification documents: including company business license or personal identification documents, etc.
3. Trademark design: A clear and distinct trademark design, which can be in black and white or color.
4. Usage Statement: If the trademark has been used in Ghana, a usage statement must be provided, including the date of use, the use of the goods or services, etc.
5. Power of Attorney: If the applicant applies through an agent instead of directly applying, a power of attorney is required.
6. Proof of payment of relevant fees: such as application fees, announcement fees, etc.
Before starting registration, it is recommended to conduct a detailed trademark search to ensure that the selected trademark name or logo does not infringe on the existing rights of others.
After preparing the application documents, submit the application through the official website of Ghana Intellectual Property Office (GNIPA). When applying, it is necessary to provide the applicant's basic information, detailed description of the trademark, trademark design, date of use, and classification of goods or services.
The Ghana Intellectual Property Office (GNIPA) will review the submitted application, including formal and substantive examination. Formal examination mainly examines the completeness, compliance, and payment of relevant fees of the application documents, while substantive examination involves whether the trademark has registrability and whether it is similar or identical to a registered trademark.
Trademarks that have undergone formal and substantive examination will be published, and anyone can raise objections to the Ghana Intellectual Property Office (GNIPA) during the publication period.
After the announcement period ends, the Ghana Intellectual Property Office (GNIPA) will officially grant a trademark registration certificate.
According to the work schedule of Ghana Intellectual Property Office (GNIPA), trademark registration usually takes about 12 to 18 months. However, the specific time may vary depending on different circumstances, such as special circumstances or holidays that may extend the processing time. Therefore, it is recommended to plan ahead and reserve sufficient time for trademark registration work to ensure timely acquisition of relevant rights when the trademark needs to be used.
