Consumer Confusion and Trademark Registration.
My hairdresser made a simple but striking mistake that got me thinking. I gave her a specific hair product to use, one I trusted and found effective, and she quickly commented, “This product seems to have reduced in quality nowadays.” Surprised, I asked what she meant, only to realize that she was referring to a completely different product from what I had handed her. She didn’t bother to read the label or brand name; instead, she relied solely on appearance.
This situation shows a common problem in Ghana and other places, that is, how confusion among consumers can lead to mistakes about a product’s quality, worth, or brand. It also highlights why protecting trademarks is so important in Ghana, where businesses must deal with issues like different literacy levels and brand imitation.
Illiteracy and Consumer Confusion in Ghana
In Ghana, the rate of illiteracy, though improving over the years, remains a challenge, especially in rural or marginalized communities. According to data from the Ghana Statistical Service, literacy rates vary significantly across the country. The literacy rate among the population six (6) years and older in nine (9) out of the sixteen (16) regions is below the national figure of 69.8%, with Greater Accra Region (87.9%) recording the highest and Savannah Region (32.8%) the lowest.
Many consumers may not have the reading skills to identify products properly, which can lead to mistakes, as seen with my hairdresser. When people can’t read labels, they often rely on visual signs such as colours, packaging, and general appearances.
Human Imperfections and Product Confusion
Human imperfection also plays a role in product mistakes. Even in highly literate populations, consumers can be easily influenced by look-alike products on store shelves. Trademark infringement usually occurs when a person uses a mark which is similar to a registered trademark such that customers of the registered mark are likely to be confused or deceived.
Typically, an average consumer views a trademark as a whole, rather than breaking down its specific details or focusing solely on its distinctive aspects. This reflects the understanding that consumers may not have perfect recall when distinguishing between similar marks.
In simple terms, humans are naturally prone to error. Even when someone is literate and well-informed, mistakes can still happen. A small difference in packaging or a deceptive label can lead people to make the wrong choice. This is why distinct trademarks are so important—they act as a quick, recognizable signal that helps differentiate products, even for busy or distracted consumers.
The Importance of Trademarks in Ghana
Trademarks play a crucial role in protecting both businesses and consumers. They help people easily identify their preferred brands and distinguish between authentic and imitation products. In a market where counterfeiting and “look-alike” products exist, trademarks are a powerful tool for fighting consumer confusion and maintaining brand trust.
Trademarks Protect Businesses and Build Trust
When a business registers its trademark, it gains exclusive rights to use that brand or logo for its products and services. This protection ensures that no one else can legally imitate or use the mark without permission. For consumers, seeing a familiar trademark on a product gives confidence in its quality and origin.
Trademarks Reduce Counterfeiting
Counterfeit goods are a problem in many markets, including Ghana. When brands are protected with a registered trademark, it becomes easier to take legal action against counterfeiters. This not only protects the business but also helps consumers avoid poor-quality imitations that could be harmful or ineffective.
Trademarks Promote Fair Competition
By registering a trademark, businesses ensure that their unique products and services stand out. This promotes healthy competition and encourages businesses to maintain high-quality standards. Without trademark protection, businesses may face unfair competition from copycats who want to profit from other business’ hard-earned reputation.
Trademarks Support Economic Growth
Trademarks help businesses build a brand reputation, attract loyal and international investors as well as customers, and gain a foothold in local and international markets. For Ghana, this can boost economic growth by encouraging more businesses to innovate, create jobs, and compete on a global scale.
Registration of trademark
Trademark registration in Ghana is governed by the Trademark Act, 2004 (Act 664), Trademark Regulations, 1970 (L.I 667) and Trademarks (Amendment) Act, 2014 (Act 876). The process involves, among other things, completing a prescribed form, submitting required documents and paying the applicable fees to the Registrar-General’s Department (https://rgd.gov.gh/).
Visit https://firmusadvisory.com/2021/04/23/trademark-registration-in-ghana/ for a detailed guide on how to register your trademark.
How to deal with Trademark infringement
1. Verify the Infringement
- Confirm that your trademark is validly registered under the Trademarks Act, 2004 (Act 664).
- Ensure the alleged infringer’s use of the trademark is unauthorised and causes confusion or misleads the public.
2. Gather Evidence
- Collect proof of the infringement, such as photos, samples of infringing products, advertisements, or online activity.
- If possible, document how the infringement affects your business (e.g., loss of customers, damage to reputation).
3. Send a Cease-and-Desist Letter
- Send out a cease-and-desist letter to the infringer. A lawyer may be engaged to assist with this.
4. Take Legal Action
- If the infringer fails to comply with the cease-and-desist letter, a complaint may be filed at the police station since trademark infringement is a criminal offence.
- An action may also be instituted in court. Legal remedies in court may include:
- Injunctions to stop further use of your mark;
- Monetary damages for losses suffered; and
- Orders for the destruction of infringing goods.
5. Customs Enforcement
- Report to the Customs Division of the Ghana Revenue Authority to block the importation of counterfeit goods that infringe on your trademark.
6. Monitor and Protect Your Trademark
- Continuously monitor the market to detect potential infringements early.
- Ensure that your trademark registration is renewed according to the law.
Practical Tips for Businesses and Consumers
Businesses: Prioritize trademark registration and educate consumers on how to identify your brand. Engage in community outreach, such as awareness campaigns, and other marketing activities to help reduce consumer confusion.
Consumers: Pay close attention to product labels, brand marks, and certification symbols. You may use alternative methods like seeking advice from trusted sources or scanning codes to verify products.
Conclusion
My hairdresser’s mistake serves as a simple yet powerful reminder of the need for clear branding, education, and legal protection. In a country like Ghana, where consumer markets are rapidly growing, registering trademarks is more important than ever. It benefits businesses by protecting their identities and helps consumers make informed and confident choices. Investing in trademarks is not just about business—it’s about building trust, reducing confusion, and driving economic progress for business and the country at large.
