Dec 02, 2021 (Newsletter Issue 17/21 )
Accession to Geneva Act of Lisbon Agreement on Appellations of Origin and GIs
On November 3, 2021, the WIPO notified the deposit by Ghana of its instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act of the Lisbon Agreement).
The Geneva Act of the Lisbon Agreement enters into force, with respect to the Republic of Ghana, on February 3, 2022.
Source: www.wipo.int
May 28, 2020 (Newsletter Issue 8/20)Increase of Official Fees PostponedThe Registrar General’s Department informs in an official circular that the 20% increase in official fees for trademarks and patents, which should have entered into force on May 19, 2020, has been put on hold due to the devastating effects of the COVID-19 situation. A new date for the fee increase will be given at the appropriate time.
Source: JAH & Co. IP, Qatar May 13, 2015 (Newsletter Issue 7/15)Official Fees IncreasedThe official filing fees have been increased by the Management of the Registrar-General’s Office in accordance with Legislative Instrument 2216, 2014 with effect from April 13, 2015.
The general increase across the board is between 33% to 50%. The new official fee for filing a trademark is now USD 200 instead of USD 150. The application for a Registration Certificate is now USD 200. Lodging of a Notice of Opposition is USD 180.
Source: JAH & Co. IP, Qatar
Jan 13, 2015 (Newsletter Issue 1/15)Trademark Law AmendedThe Trademarks (Amendment) Act, 876 of 2014 came into force on July 25, 2014. It amended the existing Trademarks Act, 664 of 2004. The reason why it becomes public now is that it seems to have been shrouded in secrecy – to the extent that even the Registry was unaware of its publication.
The most noteworthy change is that the Madrid Protocol has now officially been incorporated into Ghanaian law. In fact, Ghana alread signed up to the Madrid Protocol on June 16, 2008, but, as Ghana is a common law country, the agreement only became part of domestic law once it was formally incorporated. As there is nothing in the Amendment Act to suggest that it has retrospective effect, doubts about IR covering Ghana that predate the effective date July 25, 2014, remain.
For further information, please check the news from Spoor & Fisher here
Source: Spoor & Fisher, South Africa Legal basis is the Trade Marks Act 664 of 2004, the Trade Marks (Amendment) Act 876 of 2014; the Trade Marks Regulations made under the previous Trade Marks Act 270 of 1965, the Trade Marks Regulations of 1970, the Trade Marks (Amendment) Regulation of 1972 and the Geographical Indications Act 669 of 2003. The 1965 Act has been repealed by the 2004 Act but the latter states that any regulations made under the 1965 Act and in force when the 2004 Act entered into force continue to apply under the corresponding provisions of the 2004 Act until revoked. The regulations promulgated in terms of the 1965 Act have not been repealed yet and thus remain in force.
Ghana is a member of the Paris Convention. Ghana also signed the Madrid Protocol on June 16, 2008. Effective July 25, 2014, the Madrid Protocol has been officially incorporated into Ghanaian law. Ghana is also a member of the WTO/TRIPS.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Nice classification (10th edition).
Registrable as a trade mark is any sign or combination of signs 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.
The following types of trade marks are registrable: trade marks for goods, trade marks for services certification marks and collective trade marks.
The application is filed with the Registrar of Trade Marks.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
Foreign applicants do not need a domestic registration.
The following information and documents are required for registration:
- A power of attorney, simply signed
- Full particulars of the applicant
- List of goods or services to be covered
- A representation of the trade mark (if not a word mark)
- Priority document (if applicable)
The application process includes an examination as to formal as well as substantive requirements.
Signs not deemed distinctive during examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Ghana is one year.
National:The opposition period is 2 months from the publication date of the application in the Official Gazette, extendable at the discretion of the Register for any time he deems ‘reasonable’.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is USD 200. The application for a Registration Certificate is USD 200.
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Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
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Jun 03, 2020
Triebel IP, Pretoria, South Africa