Merchandise Marks Act, 1964 (Act 253)
Section 15(1):
Subject to subsection (2), where, at the passing of this Act, a trade description is lawfully and generally applied to goods of a particular class or manufactured by a particular method, to indicate the particular class or method of manufacture of those goods, the provisions of this Act with respect to false trade descriptions shall not apply to the trade descriptions when so applied.
(2) Where any such trade description includes the name of a place or country, and is likely to mislead as to the placé or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, subsection (1) shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner, with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there.
(3) No trade mark or part of a trade mark, shall by virtue of the provisions of paragraph (b) or (c) in the definition of "trade description" in subsection (1) of section 17 or of the provisions of subsection (2) of that section or by virtue of the fact that the trade mark or that part is misleading in any material respect for the purposes of the definition of "false trade description" in the said subsection (1) of section 17, be treated as a false trade description in relation to any goods to which the trade mark is applied if the following conditions are satisfied, that is to say -
(a) if at the commencement of this Act, the trade mark either is registered in the register of trade marks or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark; and
(b) if the trade mark as applied is used to indicate a connection in the course of trade between the goods and the person who is the proprietor if the trade mark; and
(c) if the person who is the proprietor of the trade mark is the same as, or a successor in title of, the proprietor at the said commencement.
Procedure to Follow
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Responsible Institution
- Email: info@mojagd.gov.gh
- Website: http://www.mojagd.gov.gh
- GPS: 0
- Telephone: +233-030 266 5051
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