Country: Ghana

Primary Contacts
Trade Mark Registration and Recordals Anne Tucker
Trade Mark Renewals Julie Ryan
Patent Registration and Recordals Kary Day
Patent Annuities Sara Lloyd

Contentious Matters (Oppositions, Infringement Actions, etc.)
Trade Marks Martin Chinnery
Patents Louise Audhlam-Gardiner

Trade Mark Information
Can services be registered ? Yes
Single/Multi-Class Jurisdiction Single Class
Is the International Classification
followed ?		 Yes - Eighth Edition, Nice Classification
Can Convention priority be claimed Yes
Documentation required to file Power of Attorney, Simply signed
Opposition period after publication 60 days
Renewal due 7 years from filing date and every 10 years thereafter if filed prior to 29 January 2004. 10 years from filing date if filed after 29 January 2004.
Grace Period 6 month grace period, with a late fine.
Documents required to renew Simply signed Power of Attorney.
Proof of use due Non-use of the mark for a period of 5 years from registration renders it open to an action for cancellation by third parties.
Documents required to file proof of use Data is being populated - please direct queries to Lysaght & Co. at this time
Can be struck off for non-use Non-use of the mark for a period of 5 years from registration renders it open to an action for cancellation by third parties.

Patent Information
Member of PCT Yes
Can Convention priority be claimed Data is being populated - please direct queries to Lysaght & Co. at this time
Deadline for filing priority document Data is being populated - please direct queries to Lysaght & Co. at this time
Does the priority document have to be
translated ?		 Data is being populated - please direct queries to Lysaght & Co. at this time
Required Documents Data is being populated - please direct queries to Lysaght & Co. at this time
Duration Data is being populated - please direct queries to Lysaght & Co. at this time
Annuities Data is being populated - please direct queries to Lysaght & Co. at this time

News Articles: Ghana

Ghana - Two-Tier System for Trade Mark Renewal Terms

Pursuant to the previous posting regarding this matter, our local advisers have taken up the matter with the Head of the Legislative Drafting Section who has confirmed that the Act was drafted incorrectly, as it was not their intention to create the two-tier system which is now in operation. We understand that the legislation will be amended to reflect a ten year renewal term for all marks, regardless of when they are registered. Further information will be posted on the website in due course.


30th July 2007

Ghana - Two-Tier System for Trade Mark Renewal Terms

The Trade Marks Act 2004 entered into force in Ghana on 29 January 2004.

This modernised the law in a number of respects, introducing the Nice Classification, service marks, and a ten year renewal term, replacing the previous regime of an initial term of seven years and a fourteen year renewal term.

However, we have recently discovered that the new renewal term only applies to trade marks filed on or after 29 January 2004. Registrations obtained before the new law entered into force are still subject to the old regime of seven and fourteen years. We believe that this is due to clumsily phrased transitional provisions in the new Act.

Whilst the new Act repeals the former law and states that trade marks registered under the old law "shall remain in force…and shall be deemed to have been registered under this Act", Section 53(4) of the 2004 Act states that trade marks registered under the old law "shall be due for renewal for a period of fourteen years from the date of expiration of the original registration or of the last renewal of the registration and upon renewal shall be reclassified in accordance with the International Classification". Unfortunately, the Act does not explicitly state that upon renewal, the renewal term under the 2004 Act will apply.

Our local advisers agree that this situation is most unfortunate and that it would not have been the intention of the legislators to create the two-tier system currently applied by the Registry. The matter has been referred to the Registrar-General, the Attorney General and the Head of the Legislative Drafting Team at the Ministry of Justice, and it is hoped that the matter can be resolved soon.


16th July 2007


© 2007-13 Lysaght & Co.