Ghana

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th Edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Ghana is a party to the Madrid System for international registration of trade marks, and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Ghana follows a single class filing system and recognises both goods and services classes in terms of the 10th Edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 3 months of the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Ghana.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

  • Paris Convention for the Protection of Industrial Property; 
  • Convention Establishing the World Intellectual Property Organization (WIPO);
  • Patent Cooperation Treaty (PCT); and
  • Lusaka Agreement of 1976.

Types of Patents

  • National patents; and
  • ARIPO patents designating Gambia.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A twelve-month grace period is provided for.

Examination procedure

Patent applications are examined as to compliance with formal requirements.  A national patent application will be subjected to substantive examination.  An ARIPO patent is examined by the ARIPO Patent Office, prior to entering Ghana.

Duration & Maintenance

A national patent endures for a twenty-year period.

An ARIPO patent endures for a twenty-year period.

Annual renewal fees must be paid in advance and is payable from one year after the date of filing the patent application.  There is provided for a six-month grace period within which a late annual renewal fee may be paid.

Working Requirement

A patent must be worked within three years from the date of grant of the patent or four years from the date of filing, whichever expires last. 

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Currently industrial design applications cannot be filed in Ghana.

OAPI

ARIPO