– Trade Marks Act, 2004 (Act 664), entry into force (Gazette Notification) February 6, 2004. (Implementing Regulations are yet to be promulgated.)
– Trademarks (Amendment) Act, 2014 (Act 876), entry into force July 25, 2014.
– Trade Marks Regulations, 1970 (L.I. 667).

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 12, 1976.
– Paris Convention for the Protection of Industrial Property, Stockholm Act of July 14, 1967, since September 28, 1976.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since September 16, 2008.

Applicant: any individual or legal entity claiming to be the proprietor of a mark being used or proposed to be used. 

Applicant not resident or not having its principal place of business in the country: must be represented by a legal practitioner resident and practicing in the country. 

Trademarks of foreigners: no special provisions, they are protected in the same manner as those of nationals. 

Registrable: any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings.

Service marks: registrable. 

Well-known marks: are protected. 

Types of protection: individual marks, certification marks and collective marks.

Not registrable: trade names or sign that belongs to the public domain except where the trade name or sign has become accepted as a trademark for the goods or services for which they are claimed; marks contrary to public order or morality; marks likely to mislead the public or trade circles regarding geographical origin, the nature or the characteristics of the goods or services; marks which are identical to or an imitation of or contains as an element an armorial bearing, emblems, flags, official sign etc. adopted by a State, intergovernmental organization or organization created by an International convention (without consent); marks which are identical to or confusingly similar to or constitutes a translation of a trademark or trade name which is well known in the country for identical or similar goods or services of another enterprise or the trademark is well known and registered in the country for goods or services which are not identical or similar to those under application but the use of the trademark will indicate a connection between those goods or services and the owner of the well-known trademark and the interests of the owner of the well-known trademark are likely to be damaged by the use of the trademark; marks which are identical to other marks on the Register or identical to marks the subject of an application with an earlier filing or priority date for same goods or services or closely related goods or services or marks so resembling such marks as to be likely to deceive or cause confusion and marks incapable of distinguishing the goods and services of one enterprise from that of another or incapable of designating the characteristics of the goods or services or shapes that constitute the nature of the goods or shapes of the goods or of their packaging that are technically necessary.

Priority: may be claimed as in the Paris Convention.

Classification of goods: international.

Multi-class applications: are not permitted.

Territory covered: Republic of Ghana.

Filing requirements for an application (to be sent to resident agent):
1. The mark (word mark or label) and the list of goods or services for which the mark should be protected using the International Classification;
2. Information as to whether the mark is being used or is proposed to be used (required on current application form). Accepted applications are published in the Trade Marks Journal published by the Registrar General's Department;
3. Power of attorney, if application made by a non-resident; no legalization or notarization;
4. Name and address of the applicant;
5. Certified translation of the trademark where it contains a word or words in a language other than English;
6. Pantone code where colors are claimed;
7. Priority claims where applicable.

Electronic filing: not available. 

Electronic signatures: are not accepted. However, scanned copies of wet signed documents are accepted; there is no need to send the original at a later date.

For a change of name or address: copy of an extract from the Commercial Register confirming the change of name or address, no legalization required.

Examination: formal and substantive.

Objections of the Registrar: are communicated by official letters.

Amendments: are possible.

Letters of consent: are not accepted. However, the Registrar accepts coexistence agreements signed by both parties.

Opposition: may be filed against applications by any interested party within two months from the date of publication of the application in the Official Bulletin.

Delivery of registration certificate and publication: normally four to twelve months after filing, but as a result of several years' backlogs it can now take up to two years from the date of filing. The Registrar shall publish a reference to the registration and issue the applicant with a certificate (in paper format) upon grant.  

Duration of protection: the Trade Marks Act 2004 provides for an initial protection term of ten years from the filing date.

Renewal: similarly, the Trade Marks Act 2004 provides for renewal periods of ten years. Requirements for renewal: submission of renewal request on prescribed form.

Rights conferred: the registered owner may institute court action against any person who infringes a registered trademark by using it without permission or by performing acts which make it likely that infringement may occur. The rights extend to use of a sign similar to the registered mark and use in relation to similar goods or services where confusion may arise in the public. 

Infringement and penalties: criminal and civil actions may be instituted against the infringer. 

Assignment: a change of ownership of a trademark or of an application for registration of a trademark must be filed with the Registrar for recordal in order to affect a third party. 

Licenses concerning the registration of a trademark or an application for registration must be submitted to the Registrar who shall record the license and publish a reference to it. License contracts shall not be valid against third parties until filed with the Registrar. The license contract must provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used, where the control is appropriate or necessary. A license contract is not valid if that license contract does not provide for quality control or the quality control is not effectively carried out.

Use: a registered mark may be removed from the Register on request to the Registrar by any person interested, on the grounds that up to one month before the date of the request, a continuous period of five years or longer has elapsed during which there was no use of the mark by the registered owner or a licensee.

Rectification or correction of Register may be made upon request to the Registrar and the Registrar may correct errors in any document filed or any entry made under the Act. 

Invalidation: by the High Court.