Requirements:
(a) Power of attorney, simply signed.
(b) Twelve prints of the trade mark – device marks.
Classification:
-International classification of goods and services.
MULTICLASSES:
-A separate application is required for each class.
Licensing/Registered Users:
Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.
The license agreement must provide for quality control by the licensor.
Requirements:
(a) License agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.
Assignments
Assignments are possible and may be made with or without goodwill of the business.
Recordation is required.
Requirements
(a) Deed of assignment;
(b) Power of attorney from the assignee.
Marking of Goods:
Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.
The government of Ghana has drafted a new general product labelling law that affects not only imported food and drugs, but all imports regulated by the Ministry of Trade. Whilst the implementing regulations have not been finalised, a limited number of products (such as petroleum and fish) administered by other sector ministries are likely to be exempted.
Imports covered under the legislation must have goods identified in English, provide a point of origin, identify ingredients and indicate an expiration date for perishables. Improperly identified food and drugs will be tested by the Ghana Standards Board for purity and subjected to a fine (if approved for consumption) or otherwise confiscated.
All imports must state ingredients, name and address of the producer and manufacturer, and date of manufacture and expiration. Drug items must include instructions for their safe use.
NOTE: Ghana has for some time been a member of the Paris Convention. However, the previous Trade Marks Act made no provision for the claiming of Paris Convention priority and in practice, priority could not be claimed. The new Act now makes provision for the claiming of Paris Convention priority rights.
Opposition:
-Opposition may be lodged within two months following advertisement of the trade mark application or such further periods as may be allowed by the Registrar.
Use and cancellation:
-Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.
Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.
Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user.
Duration and Renewal:
A trade mark registration is effective for an initial period of 10 years and, thereafter, renewable for further periods of 10 years.