Trademark registration in Ghana is handled by the Trade Marks Registry of the Registrar-General’s Department (RGD) under the Trade Marks Act, 2004 (Act 664), as amended. A registered trademark is valid for 10 years and may be renewed for successive 10-year periods. Ghanaian and foreign applicants may apply, although non-resident foreign applicants may need to act through a resident legal practitioner and meet the Registry’s filing requirements. This guide explains the main steps, fees, timing considerations and options for seeking protection beyond Ghana. Trademark is a symbol, words or group of words that serves as an intellectual property of a company and represents the company/brand. In Ghana, there are local laws that govern the registration of trademarks. These laws are Trademark Regulations, 1970 (L.I 667), Trademarks (Amendment) Act, 2014 (Act 876) and Trademark Act, 2004 (Act 664). Additionally, Ghana has signed the following treaties regarding trademarks;
- Paris Convention for the Protection of Industrial Property
- Convention Establishing the World Intellectual Property Organization
- WTO’s TRIPS Agreement
- Protocols Relating to the Madrid Agreement on International Registration of Marks
What is the cost of registering a trademark in Ghana?
In Ghana, the official fee for the filing of a trademark application is US$615 or its Cedi Equivalent. The breakdown of the fee is stated below;
· Trademark Name Search -US$135
· Application fees-US$240
· Issuance of Certificate – US$240
Who is eligible to register a trademark in Ghana?
Trademark registration in Ghana is not exclusively for Ghanaians. In other words, both Ghanaians and Foreigners are eligible to register trademarks. However, Non-resident foreigners (individuals or corporate bodies) will require a resident legal practitioner practicing in Ghana to file the trademark application on their behalf. In this instance, the non-resident foreigner will be required to issue a notarized Power of Attorney to the legal officer to enable him/her to file the trademark application. Both Ghanaians and Foreigners pay the same cost of registration.
What are the procedures for trademark registration in Ghana?
The following are the steps for trademark registration.
STEP 1 – Trademark Name Search
The first step is to conduct a name search before you commence the registration. This helps to determine the availability of a trademark name. Furthermore, name search ensures that no similar or identical trademark that have been either registered or pending registration.
STEP 2- Complete Trademark Form No. 2
Trademark Form No. 2 is the form used to file for the application. The following information is required to complete the form.
- Name of Company
- Business Activity
- Principal place of business
- The class of goods and services and its description
- Date
After you have completed Form No. 2, the next step is to attach four (4) representations of the trademark to the forms. The representations are the printed colored copies of the design or the trademark name of the service or product you intend to register.
In the instance where the application is being done on behalf of a foreigner, the following will be required.
- Full name and the address of the authorised attorney
- Notarised Power of Attorney
- Application letter to the Registrar
After that, you proceed to make payment at the in-house bank at the Trademark Registry Division of the Registrar General’s Department located at Ministry of Business Development. and submit the receipt and documents at the Registry.
STEP 3- Examining of Application Documents
After submission of the application, the trademark office will review the documents to ensure it conforms to the requirements spelt out in the Trademarks Act, 2004, Act 664.
STEP 4-Acknowledgement Letter
Within a week after application, the Registrar will issue an acknowledgement letter to the applicant to confirm the acceptance of the trademark application.
STEP 5-Publication and Opposition of Trademark
Within a period of 18 months after acceptance of the application, the trademark name will be published in the Industrial Trade Marks Bulletin (Journal) for 2 months. Within the 2 months period, any interested person may file for a notice of opposition to the registration in a prescribed manner. The objection or opposition to a trademark registration is done by writing an official letter giving cogent reasons.
STEP 6- Certification of Trademark
A certificate will be issued to an applicant after a period of 2 years where there are no opposition to the approved trademark. A registered trademark is valid for 10 years and may be renewed for successive 10-year periods, subject to the applicable renewal requirements and fees.
What are the Benefits of Trademark registration?
Registering a trademark in Ghana helps protect a business’s brand identity and gives the owner exclusive rights to use the registered mark for the goods or services covered. It provides a legal basis for taking action against unauthorised use, imitation, or infringement, while helping customers distinguish the business’s products from those of competitors. Trademark registration can also strengthen brand recognition, build customer trust, and create a valuable business asset that may be licensed or transferred. Additionally, it supports business expansion by helping protect the brand as the company grows.
READ ALSO: What You Need to Know about Company Registration
Is my product protected outside Ghana, after trademark registration?
Trademarks registered in Ghana gives protection only in Ghana.
To be enjoy protection beyond Ghana for your trademark, the following options may be considered.
- ARIPO
- MADRID
The above processes can be done by a Ghanaian or any national resident in Ghana.
First, The Madrid system is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world.
Secondly, The African Regional Intellectual Property Organization (ARIPO), is an intergovernmental organization for cooperation among African states. ARIPO has mandate in patent and other intellectual property matters. The ARIPO trademark system is governed under the Banjul Protocol on marks. This Protocol is currently operational in 10 of the 19 Member States.
Filing an application establishes a filing date and begins the registration process, but it does not guarantee registration. The Registry may raise objections, and third parties may oppose an accepted mark during the publication period. Registered trademark rights arise through registration, subject to the applicable law.
FAQs
Who can register a trademark in Ghana?
Both Ghanaian and foreign individuals and businesses can apply. Non-resident foreign applicants may need a resident legal practitioner in Ghana to file on their behalf and provide a notarised Power of Attorney.
How much does it cost to register a trademark in Ghana?
The total fee of US$615 or its Ghana cedi equivalent, comprising the name search, application, and certificate fees.
How do I register a trademark in Ghana?
The process involves conducting a trademark search, completing the prescribed application form, submitting the required documents and trademark representations, undergoing examination, publication for opposition, and obtaining registration if the application meets the requirements.
How long does trademark registration take in Ghana?
The timeline depends on examination, publication, possible opposition, and other Registry procedures. It usually takes between 9 to 12months.
How long is a registered trademark valid in Ghana?
A registered trademark is valid for 10 years and may be renewed for successive 10-year periods, subject to the applicable renewal requirements and fees.
Does trademark registration in Ghana protect my brand internationally?
No. A Ghanaian trademark registration generally protects the mark in Ghana. Businesses seeking protection in other countries may consider the Madrid System or applicable regional arrangements, depending on the countries involved and eligibility requirements.
What documents are required to register a trademark?
The application generally requires the prescribed trademark form, applicant and business details, a description of the relevant goods or services, the applicable class, and representations of the trademark. Foreign applicants may also need a notarised Power of Attorney and details of their authorised legal practitioner.
Can my trademark application be rejected or opposed?
Yes. The Registry may raise objections if an application does not meet the legal requirements. Third parties may also oppose an accepted application during the publication period, potentially delaying or preventing registration.
What are the benefits of registering a trademark?
Trademark registration helps protect a brand, distinguishes its goods or services from competitors, and provides legal rights under Ghanaian trademark law. It can also support brand recognition and business growth.
Can I register a trademark before launching my product or business?
Yes. You can apply before launching your product or service. However, submitting an application does not guarantee registration, and the mark remains subject to examination and any applicable opposition proceedings.
Conclusion
Registering a trademark in Ghana is an important step towards protecting your brand identity, distinguishing your products or services from competitors, and building long-term business value. By conducting a trademark search, selecting the appropriate goods and services classes, and following the registration process, businesses can strengthen their legal protection and reduce the risk of disputes over brand ownership. However, filing an application does not guarantee registration, and protection within Ghana does not automatically extend to other countries. Businesses planning to expand internationally should consider the appropriate regional or international trademark registration options
What has been your experience in registering your trademark in Ghana ? How has this write-up helped you navigate the process? We will be happy to hear from you.
