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SEVEN MISTAKES TO AVOID WHEN APPLYING TO REGISTER A TRADE MARK IN GHANA.

 



Ghana’s trademark regime is regulated by the Trade Mark Act of Ghana, 2004 (Act 664).

Section 1 of this act defines trademark as “any sign or combination of sings capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings including words such as personal names, letters, numerals and figurative elements”.

 

A person who wants to exercise rights over a trademark in Ghana will have to register the said mark in Ghana under the law in order to be afforded the protections provided by the law. Several manufactures, traders, business and commercial entities find it cumbersome to overcome the challenges associated with the registration of trademark in Ghana. This writeup seeks to make clear the rules pertaining to the registration of trademarks in Ghana and specifically, the grounds that can lead to the rejection (refusal) of a trade mark registration application in Ghana.

 

Section 5 of the Trademarks Act has enumerated some important reasons that can lead to the rejection of an application to register a trademark. The following paragraphs shall throw some lights on these reasons:

 

1.      PRESENTING A TRADENAME AS YOUR TRADE MARK: Whilst you can always register a mark (trademark) for a specific product or service, you cannot register a Trade Name as a trademark. A Tradename refers to the name of the business, the company or the owner of the business. Whilst some trademarks may be same or have some parts of the company name as part of the trademark, tradename per say cannot be registered as a trademark and the registrar is likely to reject such an application.

 

2.      LACK OF CLARITY: if the mark you intend to register is incapable of distinguishing the goods or services of one enterprise from the goods or services of another enterprise. The mark you are presenting for registration should be unique and must be unique to the class of goods you intend to register for its use. To avoid this kind of rejection, it is important that you conduct an official search with regards to the mark you intend to register before starting your application. This can give you an indication of whether there is a prior registration of that mark of a very similar one.  

 

3.      PRESENTING AN IMAGE THAT IS IMORAL: it is contrary to public order or public morality to present immoral images. It is the policy of the state that morality and good order is preserved at all times. Marks that are deemed by the registrar to be offensive to public morality shall not be allowed to registered. The issues of public morality are also considered in relation to the class of goods you intend to register the mark for. Whilst some classes of goods may not be available to the general public, others are so common for everyday use. Hence, it is not strange for a mark to be rejected for one specific type of class of goods for being immoral and accepted for another type of class of goods.

 

4.      MILSEADING & CONSFUSING MARKS: If a mark is likely to mislead or confuse persons within the Trade circles with particular reference to the geographical origin of the goods or services, their nature or characteristics. In order words, you should ensure that the mark you intend to register does not look very similar to another mark for the same class of goods which is already registered.  

 

5.      IMITATION OF GOVERNMENT MAKRS: If the mark you are presenting is identical to or is an imitation of or contains as an element, an armorial bearing, flag, emblem, name, abbreviation or initials of the name, official sign or hallmark adopted by a state, intergovernmental organization or organisation created by an international convention unless authorised by the competent authority of that state or organisation. In order words, your mark should not look similar to a government mark or sign. Governments are sovereign and the marks used by government and its agencies cannot be registered by the registrar as a mark of an individual or business.

 

6.      IMITATION OF A MARK OF A KNOWN BUSINESS: it is identical to or confusingly similar to or constitutes a translation of a trade mark or Trade name which is well known in the country for identical or similar goods or services of another enterprise,  or the trade mark is well known and registered in the country for goods or services which are not identical or similar to those under application but the use of the trade mark will indicate a connection between those goods or services and the owner of the well-known trade mark and the interests of the owner of the well-known trade mark are likely to be damaged by the use of the trade mark.

 

7.      IMITATION OF A REGISTERED MARK: the trade mark is identical to a trade mark of another owner already on the register or identical to a trademark the subject of an application with an earlier filing priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion.

 

 

Thanks for reading. Please feel free to leave any questions you may have in the comment section and I shall respond to you appropriated.


writer can be reached through

nii@ricahrdamarh.com


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