A trademark is a distinctive sign, logo, name, or other identifying mark that sets your brand apart in the marketplace. Registering a trademark in Ghana provides legal protection and exclusive rights over its use, ensuring your brand is safeguarded from infringement. Below is a step-by-step guide by SamBoad to registering a trademark in Ghana.
1. Understand What Can Be Trademarked
In Ghana, you can trademark:
- Names: Business names, product names, or personal names.
- Logos and Symbols: Unique designs, logos, or emblems.
- Slogans: Taglines associated with your brand.
- Other Marks: Shapes, colors, and sounds (in some cases).
2. Trademark Laws in Ghana
Trademarks in Ghana are regulated under the Trademarks Act, 2004 (Act 664). The governing body responsible for trademarks is the Registrar General’s Department (RGD).
3. Step-by-Step Process for Registering a Trademark
Step 1: Conduct a Search
Before filing, conduct a search at the Registrar General’s Department to ensure your proposed trademark is unique and not already registered.
- Documents needed: The proposed mark and details about its intended use.
- Timeframe: Approximately 1–2 days.
- Cost: Varies (confirm at RGD).
Step 2: Submit an Application
Prepare your application with the following:
- A clear representation of the trademark.
- Applicant details (name, address, etc.).
- A description of the goods or services the trademark will cover.
- The class of goods/services (aligned with the Nice Classification System).
Submit the application to the Registrar General’s Department.
Step 3: Examination of the Trademark
The RGD examines your application to ensure it complies with the law. This includes:
- Checking for distinctiveness.
- Verifying that it does not conflict with existing marks.
Step 4: Publication in the Industrial Property Bulletin
If your trademark passes the examination, it is published in the Industrial Property Journal for public scrutiny. This provides a 2-month window for objections from third parties.
Step 5: Registration and Certificate Issuance
If no objections are raised, or if objections are resolved in your favor, the trademark is registered. You will receive a certificate confirming your ownership.
4. Duration and Renewal
- Initial Validity: 10 years from the date of registration.
- Renewal: You can renew the trademark indefinitely for 10-year periods.
5. Costs Involved
The fees for registering a trademark include:
- Search Fees: To check for similar trademarks.
- Application Fees: Covers examination and processing.
- Publication Fees: For the Industrial Property Journal.
- Registration Fees: For issuing the certificate.
Contact the RGD for the most current fee structure.
6. Contact Details for Registrar General’s Department
- Address: Registrar General’s Department, Accra, Ghana.
- Phone: +233 (0) 302-664-691 / 302-666-081
- Email: info@rgd.gov.gh
- Website: www.rgd.gov.gh
Benefits of Trademark Registration
- Legal Protection: Ensures exclusive rights to use your mark.
- Brand Recognition: Builds trust and recognition among consumers.
- Asset Value: Increases the intellectual property value of your business.
- Deterrent Against Infringement: Discourages unauthorized use.
By securing your trademark, you protect your business identity and lay the foundation for long-term brand success in Ghana.
