INDUSTRIAL DESIGNS ACT, 2003 (ACT 660)
Section 5—Application
(1) A person may apply to the Registrar for the registration of an industrial design.
(2) The application is subject to the payment of the prescribed fees and it shall contain
(a) a request, drawings, photographs or other adequate graphic representations of the industrial design; and
(b) an indication of the article which constitutes the industrial design or in relation to which the industrial design is to be used.
(3) Where the applicant is not the creator, the application shall contain a statement justifying the applicant's right to the registration of the industrial design.
(4) The application may contain
(a) a specimen of the articles embodying the industrial design, where the industrial design is two-dimensional; and
(b) a declaration claiming priority, as provided for in the Schedule, of one or more earlier national or regional applications or international deposits filed by the applicant or applicant's predecessor-in-title in or for any state party to that Convention or member of the World Trade Organisation.
(5) Where an application contains a declaration referred to in subsection (4)(b), the Registrar may require the applicant to furnish, within the prescribed time limit, a copy of the earlier application or international deposit, certified as correct by the office with which it was filed, and the effect of that declaration shall be as provided for in the Schedule.
(6) Where the Registrar finds that the requirements under this section and the Regulations pertaining to a declaration are not fulfilled, the declaration shall be considered not to have been made.
(7) Two or more industrial designs may be the subject of the same application if they relate to the same class of the International Classification or to the same set or composition of articles.
(8) The applicant may withdraw the application during its pendency.
Subject : Application (Industrial design)
Procedure to Follow
- PRELIMINAR SEARCH (OPTIONAL) A trade mark search may be conducted prior to application for registration of the trade mark. The search is important to ensure that no identical trademark has been registered or is pending registration.
- APPLICATION FOR TRADE MARK REGISTRARTION Trade Mark Form No. 2 is used for the application of Trade Mark. An Applicant is required to attached four (4) representations of the trade mark with a prescribed fee of $ 200.00 or its Cedi equivalent. Applicants whose principal place of business is located outside Ghana are required to apply through legal entity.
- REVIEW/EXAMINATION OF TM. No 2 BY THE TRADE MARKS OFFICE. The Registrar examines whether the Trade Mark application is in conformity with the requirements of Section 1, Section 3, Subsection (1) and (2) of Section 4, and Section 5 of the Trade Marks Act, 2004, Act 664
- PUBLICATION AND OPPOSITION OF TRADEMARK All Trade Mark application accepted by the Registrar are published in the Industrial Trade Marks Bulletin (Journal) for a period of two (2) months. Within this period any interested party/person may file for a notice of opposition to the registration in a prescribed manner.
- CERTIFICATION OF TRADEMARK In the event where there are no Opposition to the approved Trademarks, the proprietor of a Trademark requests for the issuance of his trade mark certificate. A certificate of Registration of Trade Mark is then issued to the applicant and the registered trademark is valid for a period of 10 years from the filing date of the application.
- RENEWAL OF TRADE MARKS Renewal of trademarks are made every ten (10) years. NB: Non-use for 5 years following registration makes the registration vulnerable to cancellation.
Responsible Institution
- Email: info@rgd.gov.gh
- Website: https://www.rgd.gov.gh
- GPS: GA-143-4647
- Telephone: +233 302 664 691-93
Relevant Forms to Download
Not Available
Online System
Link Unavailable
Fees/ charges
GHC 1,627
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