INDUSTRIAL DESIGNS ACT, 2003 (ACT 660)
Section 9 Rights Conferred by Registration. (1) The exploitation of a registered industrial design by persons other than the registered owner shall require the consent of the owner. (2) For the purposes of subsection (1), "exploitation" of a registered industrial design means the making, selling, importing or otherwise distributing for commercial purposes, articles bearing or embodying a design which is a copy or substantially a copy of the industrial design. (3) The rights conferred by registration are not applicable to acts in respect of articles which have been put on the market in any country by the registered owner or with the registered owner's consent. (4) The registered owner may, in addition to any other rights, remedies or actions available under any enactment, institute court proceedings against any person who infringes the industrial design or who perform's an act which makes it likely that infringement will occur.
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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