Ghana is a member of the International Convention and of the PCT. However, whereas Ghana is a member of ARIPO for patent and design matters, Ghana is not currently a member of ARIPO for trade mark matters.
Accordingly, patent and design applications can be filed either through ARIPO or in Ghana itself. However, trade mark applications must be filed directly in Ghana.
HOW TO REGISTER A TRADEMARK
1. The requirements for applications filed directly in Ghana are as follows:
1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A simply signed power of attorney.
1.4 Clear print of the device mark.
2.1 The 45 classes of the International Classification of goods and services are followed.
2.2 Multiclass: No.
3.1 Duration: Trade marks filed and registered after 2004: 10 years from filing date and renewal for further periods of 10 years (even if priority is claimed, the date is still calculated from application date).
3.2 Use: An aggrieved person may apply for the removal of the mark if there is no bona fide use for a continuous period of 5 years from the date of application or any continuous 5 year period thereafter.
3.3 Licenses: Must be recorded at the Trademarks Office.
3.4 Assignments of applications are permitted.
3.5 Searches available within approximately 3-4 weeks from instruction and are conducted manually.
4. Costs USD
4.1a Application: First trade mark $1630, additional marks filed simultaneously $1360 each.
4.1b Registration fees upon maturity: $620 each.
4.2 Assignment: First trade mark $1025, additional trade marks filed simultaneously $765 each.
4.3 Change of name or address: First trade mark $660, additional trade marks filed simultaneously $560 each.
4.4 Renewal: First mark $1520, additional marks renewed simultaneously $1290 each.
4.5 Searches: 1 mark in 1 class $695; additional classes $555 each.
*Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc..
**Please note that registration fees are dependable on the year in which the mark reaches registration.
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Ghana rather than a national application directly in Ghana. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Ghana Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Ghana is about the same as the cost of filing a national application directly in Ghana. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.