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REGISTRATION OF TRADEMARKS IN GHANA AND ITS IMPACT ON THE GROWTH OF COMPANIES

Intellectual Property Law

REGISTRATION OF TRADEMARKS IN GHANA AND ITS IMPACT ON THE GROWTH OF COMPANIES

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NTELLECTUAL PROPERTY LAW
  1. Abstract

The effect of trademark on company’s growth is directly correlated with its goodwill and value. Companies must take advantage afforded under the legal concept of trademark in order to leverage gains. The mere expression in marks does not give legal efficacy to the usage of trademark and remedy where infringed upon by a third party. Registration of the mark[1] is the only legal process for validity of a mark of a company. The value-gain in the usage of the trademark by a company can afford it to derive commercial benefit across multiple jurisdictions through licence agreements with resident licensees and the mark being registered in those jurisdictions as well.

  • Introduction:

Trademark registration in Ghana is governed by the Trademarks Act, 2004. The Trademarks Act 2004 defines trademark as a sign or combination of signs capable of distinguishing the goods or services of more undertaking from the good or services of any other undertakings including: words such as personal names, letters, numerals and figurative elements. It is important for a business or a natural person to register its trademark in order to confer exclusive rights to the use of the trademark on that person. That is, where a mark owner fails to register a trademark it is not enforceable under the Act (Trademarks Act, Act 664, 2004)[2].

Moreover, (Black’s Law Dictionary, 1968)defines trademarks as a distinctive mark of authenticity, through which the productivity of particular manufacturers or commodities of particular merchants may be distinguished from those of others[3]. It may consist in any symbol or in any form of words, but, as its office is to point out distinctively the origin or the ownership of the articles to which it is affixed.

The two main types of trademarks are service marks and product marks. The former mark is a word, phrase, symbol or logo that is used to identify a service provided by a company[4]. More so, it identifies particular services provided by a service company. A service registered is connoted by the signed ©. This symbol gives notice to all concerned especially citizens within the jurisdiction because mark registration and enforcement are territorial only. It is important to point out that an unregistered company cannot use this symbol. However, where there are treaties signed with other countries the applicant can only register the trademark in that country and enforce it there but has no universal enforcement.   On the other hand, product marks is used to brand and distinguish a product. In Ghana, upon registration of the mark with the trademark registry the applicant must indicate on the registration form whether a mark is for a service or a product. That is, where the applicant affirms a particular mark to be product it is registered under the classes of 1-34 and for service 35-45.

  • The impact of trademark on Companies

The term brand in the alternative is ‘‘Trademark’’ and the former is used as daily reference by many people in their normal course of business without any clear realization or distinction. The word trademark is deemed by a cross-section of the public to be a humongous word or at best a legalese which lacks meaning for the ordinary man. The economic impact on companies is enormous and expounded in the paragraphs below.

Certain business people also find it difficult to understand how to generally use trademarks to make commercial benefit. The only way for the business community to benefit from this concept is to understand all the principles of trademark. The lack of understanding creates a disinterest for entrepreneurs’ to use trademark as an asset value for business. Readers should note that, a brand or trademark created by an owner if not registered under the law has no legal efficacy. On the contrary, where it is registered the protection of the mark under the Act is for a period of ten years subject to renewal[5].

More importantly, business managers, entrepreneurs, software developers and engineers and others should consider registering their products or services under a mark other than just creating brand names which have no legal effects.

  • Trademark as a tool of communication in corporate sphere:

This is very important because it yields economic benefits to the company. Every organization producing goods and services or in any of the sectors of production communicates its products to the public through varied marketing strategies. The company may create a business logo to give the organization a unique brand amongst its competitors. The company does same for all its products on the product line or width. This stage is very important to businessmen or managers as the products developed by the company are given unique signs by the company in order for the product to be identified in the market segment by users. Where such identifications are created in the nature of symbol, signs or in any form of words is a trademark albeit a brand so called by certain people. Moreover, after the creation of the trademark for a particular product or class of products and the product is on the market it initiates brand communication to the public through product differentiation. By this end, consumers relate with the product through the trademark endorsed or created by the company. This mark as created by the company must then be registered with the trademark registry to gain validity and protection against infringement.

The trademark serves as an imperative business communication development tool and a strong asset-value for the company to grow.

  • Social media and Trademark of companies

The proliferation of social media platforms such as Facebook and Twitter in 2004 and 2006 has provided an avenue for businesses and companies to market their products and services to a global market.  The trademark of a product or company is not limited to a country but extends beyond the boundaries of the resident company or product.[6]In order, for such trademarks to be operative it must satisfy local jurisdictional procedures it seeks to operate in. This only becomes effective depending on the legal requirements of that particular country.

  • Relationship between trademark and goodwill of the company

Goodwill defined goodwill as the favorable consideration shown by the purchasing public to goods known to emanate from a particular source[7]. Goodwill emanates from the company years of doing business.  The correspondent effect is that, there is a correlation between the purchasing consumers and the growth of the goodwill of the company. This is quantifiable in monetary value terms. It is important to mention that; trademark connotes the goodwill of the company provided it has been created by the company. The company creates the trademark to cover or represent its products or services provided. By this, the trademark represents the products of the company and the mark is registered with the trademarks registry. It is important to distinguish between trade-name and trademarks as used in corporate transactions. Both names often confuse users. The trade-name of a company is different from the trademark of a company as the former is only a name used in trade to designate the company, the place of operation or the class of products. More so, even where trade name covers products of a company it cannot be construed technically as a trademark. That is, the trade name cannot be applied or affix to goods or products sent to the market by the company. This is because the trade name of that particular products or goods cannot exclusively be appropriated to anyone as a trademark (Black’s Law Dictionary, 1968). More importantly, the term trademark is different from trade-name in the sense that, it is a sign or combination of signs capable of distinguishing the goods or services including: words such as personal names, letters, numerals and figurative elements[8]. It is worth noting that, the effect of trademarks on goodwill is correlative in value. More so, the more the value of trademark grows the more goodwill of the company also grows. Thus, the value of the trademark can appreciate in value over time and impact on the marginal gains of the company positively. It is worthwhile for a company to develop its trademark deliberately with a strong business strategy whiles considering the legal procedures to make it a valid and an innovative tool for the growth of the company.

  • Merits for registration of marks under the Act[9]:

At this point of my discussion, it is important to expound on the merits of registration of trademarks. Under this heading I would seek to discuss the benefits which accrue from registering the mark[10] and the consequential result of failing to register the trademark of the company as well. The six points below enumerate the merits as follows but are not exhaustive on the subject:

  • Notice to the public and any prospective purchaser of the trademark:

This is a very viable characteristic of trademarks. Thus, upon completion of registration of the mark the Registrar of trademarks at the registry would publish the mark to the world and issue reference to the trademark as well as a certificate. The publication would be in either a Gazette or in an official bulletin or any print media the law prescribes[11]. The publication serves as notice to prospective users of the trademark as well as purchasers of same. The viable currency of trademarks helps in the expansion of the company. This intrinsic value cannot be underestimated. That is, investors prospect to invest in the company given the soaring value of the mark and its direct impact on the business development of the company. The notice also gives customers and various users information of what products or services of the company the mark covers.

  • Registration and validity of licence contracts under trademarks:

The use of trademarks in commercial or corporate space requires certain legal procedures under the Act[12] to be observed strictly. Trademark creation and usage cannot operate in a vacuum free from legal rules and regulations. More importantly, owners of trademark including natural persons[13] or a company can always engage other parties over the use of their trademarks. Under a trademark licence contract the owner of the trademark, licensor and the other party licensee[14] are the two main parties present in the agreement. The Act requires that, the licence contract be registered with the Registrar of trademarks. Moreover, upon application for registration the contract must be submitted to the Registrar who is bound by law to keep its content confidential, record it and publish the reference of the trademark to the public. The licence contract is not valid against third parties unless it has been filed with the Registrar. It only gains legal efficacy and enforceable against third parties once registered. Anything short of this makes the trademark invalid even though it may be in use by the company. Moreover, where the trademark is infringed upon by a third party there is a remedy under the Act but where the agreement is not registered third party enforcement will not suffice. In short it must be registered to derive the full benefit accorded under the Act for the owner of the mark.

  • The registration of change in ownership of trademark and the consequent conferment of protection of rights:

An owner of trademark can always transfer his or her proprietary rights in the trademark to another party. This can be effected by an application for trademark in writing and filed to the Registrar[15]. This means that a company or a natural person[16]can acquire the interest in a mark being the rights accrued from the owner of the trademark upon transfer. It matters not whether it is a collective mark[17]. The same procedure for change in ownership applies. Change in ownership is more common in commercial transactions in the corporate space but its usage has not been exploited by local business people in Ghana. More so, the change in ownership from one company to the other is strictly regulated by the Act[18]. Any procedure less of it would render the transfer void. The application to the Registrar would cause him to register and publish the trademark. This is to give notice to the public and more importantly to prospective users of the mark or purchasers[19].  It is worth pointing out that, a third party who has interest in the trademark is not affected by the change until the change in ownership is registered with the Registrar[20]. This is the most important requirement under change in ownership of marks and if not met the registration of change in ownership is vitiated. It is worth mentioning that, companies would be refused registration where the transfer agreement created is likely to deceive or cause confusion with regard to the nature, origin, manufacturing process, characteristics or suitability for the purpose of the goods or services to which the trademark is applied for[21]. There must not be any form of confusion or imitation caused by the trademark with other marks already existent. Where there is the likelihood of such confusion whether indicated by an applicant to the Registrar or not the Registrar suo motu[22] can decline registration when it becomes apparent on the face of the records. It must be justifiable in law. In addition, an applicant who is opposed to the registration can file a petition in opposition to the registration.  I shall discuss this point more thoroughly under 5. 2. 3 below. This notwithstanding, if there is no problem as mentioned above then change in ownership will suffice.

The company whether being the transferee[23]or transferor[24]of the trademark would be afforded protection under the Act and this would positively affect the growth of the company.

  • Term of protection and renewability:

Under the Trademark Act[25] in Ghana, the term of protection for trademarks as afforded under registration is for a period of ten years from the filling date of the application for registration. Upon renewal the applicant pays the prescribe fees[26] as shall be directed by the trademark registry. This may vary from one jurisdiction to the other. This means that the goods or services covered by the trademark under the Act would run for a term certain given any commercial transaction or for any purpose of acquisition thereof. It is important to point out that, the term certain of protection afforded under the Act is not exclusive to that period only. Rather, upon expiration of the term certain of ten years, the registration of trademark can be renewed for consecutive periods of ten years on payment of fees required[27] as aforementioned. The rights of the trademark accrued during this period are protected and the infringing party would have legal action instituted by the owner[28] against that party. Where the trademark is not protected such action is not availed to the purported owner. A mark must be registered before it would be valid. It imposes a strict regulation and protection of rights on the holder. Also, a person other than the registered owner of the mark cannot use the mark in relation to goods or services for which the trademark was registered without the agreement of the owner[29]. The mark owner is clothed with legal capacity to assert his or her rights to protect the mark against a party who acts contrary to any said agreement undertaken between them.

5.0       Effect of non-registration of marks under the Act[30]:

At this stage of this submission, I would seek to discuss the drawbacks associated with non-registration of trademarks and how it can affect business growth and development. Below enumerates some of the drawbacks, but not exhaustive:

  • Inability of trademark owner to assert rights.

It is important to note that, a trademark owner must register his marks other than that the rights would not accrue legally under the Trademarks Act 2004 and such mark would be invalid. Thus, where the owner is set with his design to cover his products the Act makes it instructive for the owner to register it so it can be enforceable against an infringing party in the country[31]. This provision is mandatory in order to make the mark valid but where an owner chooses not to oblige to registration he cannot assert his rights under a mark he claims to own. More so, where a licence contract is executed between the mark owner and another party it must be submitted to the Registrar upon application for registration. The Registrar is bound under law to keep confidential the licence agreement[32] lodged with him. The licence agreement and its associated legal requirements are further expounded upon below[33]. The most important thing for a company or owner of trademark to do is to register the mark and make it valid.

Where the mark is registered a third party cannot use the mark without permission or in the situation where a person performs acts which make it likely that infringement may occur[34] such person would be liable to a legal action. Such a person under the Act shall be liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding two years or both the fine and the imprisonment[35]. In the absence of registration as aforementioned the company will have no legal capacity as non-registration means mark is not valid. Moreover, a party cannot knowingly infringe the rights of the company or the owner of a registered mark by using the trademark in relation to goods and services for which the trademark was registered without the consent of the owner[36]. In simple terms and for commercial benefit it is advisable to register trademarks for the company to have legal remedies should there be an infringement by another party. The protection of the trademarks under the Act prevents third parties from duplicating the mark so to benefit commercially from it.

6.0.      Application for Registration of Marks:

To apply for registration there are documentary requirements that need to be satisfied with the registry. The documents and information required for the filing of trademark licensees in Ghana, and any execution requirements are enumerated below. This is what is required of an applicant upon application for trademark registration:

  1. Ten prints of the trademark[37]
  2. A signed power of attorney and witnessed as such. It is a requirement especially where company is not resident in the country[38];
  3. Payment of statutory fees charged by Registrar[39]
  4. Application accompanied by a declaration claiming the priority of an earlier national or regional application filed by the applicant[40];
  5. Application must be accompanied with a reproduction of the mark and a list of the goods or services for which the registration of the mark is requested[41];
  6. Full name and company’s or person’s address and description of the applicant including the trading style if any and country of incorporation if incorporated.

6.1.      Handling licence agreements during mark registration.

During registration the licence must be lodged or submitted to the Registrar and is bound by law to keep it as confidential[42]. Where the agreement is not filed the licence agreement cannot be enforced against a third party and the Act treats such agreement as invalid. The agreement must also be stamped. In a situation where there is a master licence agreement[43]then that must be lodged with the Registrar upon registration whether signed outside the jurisdiction. Any other subsisting licence agreement thereof from the master licence agreement must also be lodged with the Registrar.

It is worth noting that, clients can file a confirmatory country specific short form licence agreement also called declaration under the Act. This becomes necessary when the applicant has already registered the mark in another jurisdiction and is seeking to register the same mark in his current jurisdiction. The application must be accompanied by a declaration which would claim priority of an earlier national or regional application filed by the applicant to the Trademarks Registry. This is in fulfillment of Article 4 of the Paris Convention[44] which a union member benefits from. Ghana is a signatory[45] to this international treaty. I shall discuss the main treaties signed by Ghana which affects trademark n broad terms.

Upon filing one must contend with timelines as well. There is no deadline by which the registration must be filed from the effective date or date of signing of the licence agreement. This is silent in the Act[46]. The important thing to do is to register the mark within reasonable period after date of signing of the agreement. This makes the trademark agreement enforceable under the Act against third parties other than that it is invalid[47]. Moreover, in the event of a two stage licence arrangement involving licence from A to B and sub-licence from B to C registration of the agreement at each stage is required to make the agreement enforceable per section 16 of the Act (Trademarks Act, Act 664, 2004) otherwise invalid.

6.2. Stages of the registration process:

For the purposes of trademark registration in Ghana there are four processes that the applicant must be abreast with:

  1. Preliminary search:

Before registration of the mark is made a search must be made with the registry to ascertain whether the mark is available or not. Where the mark is not available then the applicant must reapply with another mark. The applicant pays the required fees for this preliminary exercise. In situation, where the company is a foreign company then a lawyer or a law firm must be appointed by a power of attorney as the agent[48] to conduct trademark registration for the principal. The lawyer will cause a review of the mark to be conducted at the trademark registry and all processes thereafter.

  • Application for registration:

Thus, where the search indicates that the trademark is available then the lawyer will proceed to register with the trademarks registry given the approved fees. The applicant must supply all the documents required for registration as I have already discussed, other than that the registration would be rejected[49].

  • Examination and opposition to registration of trademarks:

The Registrar will examine the mark to ascertain whether the application requirements are satisfied in law where not he will reject application[50]. Moreover, an interested party who has interest in the mark can file notice of opposition as prescribed under the Act to challenge registration. Where he is successful the Registrar will reject the application. The party can challenge the applicant under these grounds:

  1. That the mark is identical to another mark owner.
  2. That it resembles another mark owner so closely to deceive or cause confusion
  3. That it contains elements which imitate the state emblem.
  4. That it is contrary to public morality
  5. It is a trade name.
  6. Publication and registration of marks:

The Registrar will publish the mark in accordance with law where examination and or opposition to the mark is completed[51]. Thereafter, the registrar then publishes in a gazette or in an official journal or a print media[52]. The Registrar will assign to the published mark a reference and then issue a registration certificate where the mark has not been opposed to within the prescribed time limit or where the applicant’s registration was opposed but the opposition was decided in his favour[53].

7.0.      International Trademark Treaties Signed by Ghana

Ghana in the quest to promote commercial trade for its companies resident in the jurisdiction or registered with the Registrar Generals Department has signed unto a number of international treaties. This in effect has added to the growth and benefit for companies and mark registration as a whole in Ghana.

7.1.      Paris Convention:

The Paris Convention came into existence in 1883. The Paris Union is constituted by member states who have agreed to be part of the union by being signatory to the treaty. It covers service marks, trade names, geographical indications, trademarks, industrial designs, utility models, patents and the repression of unfair competition. The essence of the convention is to ensure that there is a universal standard procedure for the protection of trademark in the world. Member countries further adopted the Articles of the Convention into their domestic laws in order to create such universal standards amongst members. The Convention document[54] was revised in 1967 at Stockholm and further amended in 1979[55] to respond to modern trends in global commercial transactions particularly with reference to marks.

Ghana is no exception to the incorporation of the union Articles in her domestic laws, as it has construed Article 4 of the Convention into the first Schedule of the Trademark Act 2004and section 4 of the Trademark Act in order to give the treaty efficacy in the Ghanaian jurisdiction. The Articles place emphasis on application for registration of mark and priority afforded to a foreign applicant who has made previous filing in another country. That is, it states that where an applicant seeks to register a trademark the applicant must file with the Registrar and pay the prescribed fees by law. More importantly, the application must be accompanied with copies of the mark and the list of goods or services for which the registration is being sought using international classifications. Per the Act, where the mark is already registered in another jurisdiction the application must be accompanied with a declaration so to claim the priority of an earlier national or regional application filed by the applicant or the predecessor who owns title to the application[56]. Thus, only members to the Paris Union would benefit from priority during registration[57]as well as applicants from member countries of the World Trade Organisation[58]. This means that a foreign applicant applying through its lawyers ought to file within the prescribed time a copy of the earlier application certified by the office with which it was filed otherwise the application would be refused. Priority would be given to the application because of the treaty[59] signed by Ghana. The period of priority is normally six months[60] for mark registration. The period extends from the date of filing of the first application so to enjoy the priority. More so, any person who seeks to benefit from the priority enjoyed under the treaty that has previous filing or registration in another country is required to make a declaration indicating the date of such filing and the country in which it was made. The country registering according to the Convention Articles must determine the latest date for declaration[61]. Thereafter all registration procedures follow national legislation processes of the registration country as explained above.

7.2.      Madrid Protocols:

The Protocols just as the Paris Union, is made up of member countries who have signed both the Madrid agreement and Madrid Protocol as well. Under the procedures of the union the Office of Origin refers to the office of the contracting party in which you apply to register a mark. More so, where an applicant seeks to register his mark which can be categorized as an international application, the applicant must select an office of origin[62] where he wants the registration and protection of the mark to be enforceable. Similar to the Paris Convention an applicant must make declaration of previous registration to the contracting party else the registration would be refused as in the situation of Ghanaian domestic laws. All other local legislative requirements for registrations apply. There are currently over 98 members from 114 countries (WIPO, 2016).

8.0. Recommendations to Trademark Registration in Ghana:

  1. Establishment of a Trademark Electronic Search Engine (TESE):

This is an interface website which when created by the Trademarks Registry under the Registrar General’s Department would make the registration process easier, time saving and less cumbersome. I would name this engine as TESE. Thus, it would afford applicants to initially go to the search engine to search whether their marks are available for use or not rather than going through the bureaucracy at the trademarks office. TESE would have a database incorporated into it, and reference numbers of already registered marks by the software engineer to serve notice to users. Where the search results show to the applicant that the mark is already in use, the applicant can modify or change his mark to continue the process. The absence of TESE means applicants would waste more productive time processing marks which would affect productivity, unnecessary bureaucracy which is burdensome to lawyers acting as agents for applicants and a rather long protracted process of application making applicant generally averse to even register their marks.   

  • Trademark Website:

This again is an interface which could be the main interface of which the TESE would be incorporated in by a hyperlink. The trademark website would serve education purposes for general users and applicants in particular applying for registration. The website would be incorporated with videos resources and other materials to aid user know about trademarks generally and its registration as well. On the Registrar General’s current website, when the Intellectual Property (for trademarks, copyright and patent) window is opened it is blank and this must be fixed per the above recommendations. This would aid applicant registration of mark.

  • Education on trademarks:

The Trademark office of the Registrar Generals Department should either suo motu or collaborates with lawyers or law firms or other stakeholder to organize seminars and workshops for business people and the general public on trademarks. This would afford the general public to learn more about trademarks, its registration and the legal principles to it.

9.0.      Conclusion

In conclusion, my submission points out the main features of trademark registration, the need and purpose for mark registration and how foreigners can apply for marks registration, what channels of procedures applicant and users can benefit from.

This notwithstanding, I also discussed the economic benefits of trademarks and its contribution to business growth and development in an economic space. The consequences of non-registration were also discussed to bring out the negative effect of non-registration. The registration procedure of trademark in the Ghanaian jurisdiction was also expounded upon and how businessmen should take advantage of marks to increase profits of the company and recommendations to mark registration in Ghana

BIBLIOGRAPHY

Books:

Campbell 1968, trademarks. Black Law Dictionary. P. 265. West Publishers Co, USA.

Statute:

Trademarks Act, 2004 Act 664, 2004

Web:

Paris Convention. www.wipo.int/treaties/en/ip/paris/summary_paris.html. Retrieved 10th October, 2016.

Trademarks. http://secureyourtrademark.com. Retrieved on 24th October, 2016.


[1] Mark is used synonymously to trademark

[2] Section 1 (Trademarks Act, Act 664, 2004)

[3] (Henry, 1968)

[4] (Feldman, 2016)

[5]Trademarks Act, 2004 Act 664, 2004,  sec. 10 and 11

[6] The company must only appoint a lawyer to act in that jurisdiction as its agent as far as the trademark usage in the foreign country is concerned. He would ensure the registration processes in that particular country are carried out in order to protect the rights of the mark and to have legal efficacy.

[7]Colton v. Duvall 254 Mich 346, 237 SW 2d 48 49.

[8] Section 1 (Trademarks Act, Act 664, 2004)

[9] (Trademarks Act, Act 664, 2004)

[10] It means trademark and could be used interchangeably

[11] Section 21 (Trademarks Act, Act 664, 2004)

[12] (Trademarks Act, Act 664, 2004)

[13] Human beings

[14] The licencee is the party who benefits from rights arrogated to him under the contract.

[15] Section 15 (Trademarks Act, Act 664, 2004)

[16] Human being

[17] Definition of collective mark: Section 2 (Trademarks Act, Act 664, 2004), defines it as any visible sign capable of distinguishing the origin or any other common characteristics including the quality of goods or services of different enterprises which use the sign under the control of a registered owner from the goods or services of any other enterprise.

[18] (Trademarks Act, Act 664, 2004)

[19] Section 15 (3) (Trademarks Act, Act 664, 2004)

[20] Section 15 (4) (Trademarks Act, Act 664, 2004)

[21] Section 15 (5) (Trademarks Act, Act 664, 2004)

[22] On his own volition

[23] Recipient

[24] Owner giving out bundle of right whether wholly or partially

[25] Section 10 (Trademarks Act, Act 664, 2004)

[26] The current fee for renewal as of date, October 2016 by the Registry of Trademarks is $ 390.00

[27] Section 11 (1) (Trademarks Act, Act 664, 2004)

[28] Section 9 (2) (a) (b) (Trademarks Act, Act 664, 2004)

[29] Section 9 (1) (Trademarks Act, Act 664, 2004)

[30] (Trademarks Act, Act 664, 2004)

[31] Trademark enforcement is enforceable only territorially unless owner has thereafter registered the mark in another country.

[32] Section 16 (Trademarks Act, Act 664, 2004)

[33] See item 6.0

[34] Section 9 (a) (b) (Trademarks Act, Act 664, 2004)

[35] Section 9 (8) (Trademarks Act, Act 664, 2004)

[36] Section 9 (3) (Trademarks Act, Act 664, 2004)

[37] Section 4 (12) (Trademarks Act, Act 664, 2004)

[38] Section 17 (Trademarks Act, Act 664, 2004)

[39]Section 4 (1) (Trademarks Act, Act 664, 2004)

[40] Section 4 (3) (Trademarks Act, Act 664, 2004)

[41] Section 4 (2) (Trademarks Act, Act 664, 2004)

[42] Section 16 (Trademarks Act, Act 664, 2004)

[43] The master licence agreement is a legal contract between two parties i.e. a licensor and licensee. The licensor transfers rights in the trademark to the licensee to use in relation to goods or services.

[44] It is detailed below at 6.0

[45] Section 3 (Trademarks Act, Act 664, 2004)

[46] (Trademarks Act, Act 664, 2004)

[47] Section 16 (2) (Trademarks Act, Act 664, 2004)

[48] Section 17 (Trademarks Act, Act 664, 2004)

[49] Section 4 (4) (Trademarks Act, Act 664, 2004)

[50] Section 5 (Trademarks Act, Act 664, 2004)

[51] Section 6 (Trademarks Act, Act 664, 2004)

[52] Section 21 (Trademarks Act, Act 664, 2004)

[53] Section 7 (Trademarks Act, Act 664, 2004)

[54] Articles

[55] (WIPO, 2016)

[56] Section 4 (1)(2)(3)

[57] First Schedule A (1) (Patent, Utility, Models, Industrial Designs , Marks , Investors’ Certificates: Right of Property

[58] Section 4 (3)(b) (Trademarks Act, Act 664, 2004)

[59] Paris Convention Treaty

[60] First Schedule C (1) (Patent, Utility, Models, Industrial Designs , Marks , Investors’ Certificates: Right of Property

[61] First Schedule D (1) (Patent, Utility, Models, Industrial Designs , Marks , Investors’ Certificates: Right of Property

[62] A contracting party being the local mark registry in the application country or territory.

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Christian Lebrecht Malm-Hesse

Christian Lebrecht Malm-Hesse Esq. holds a Bachelor of Laws Degree (LLB) from the University of London (2012). Mr. Malm-Hesse completed Ghana School of Law in 2016 and whiles there Mr. Malm-Hesse founded the Ghana School of Law Moot Court Honour Society in 2016. He was called to the Ghana Bar that same year as a Barrister and Solicitor of the Supreme Court of Ghana. He is a member of the Ghana Bar Association since 2016 and World Trademark Review. As a versatile young Lawyer, he has advised on corporate and bank transactions. Mr. Malm-Hesse writes commercial articles to international journals and believes in legal industry, hard work and quality work to client satisfaction. Mr. Malm-Hesse is currently with K-Archy & Company Legal & Management Consultants. By virtue of his exposure in legal practice, Mr. Malm-Hesse can boast of an impressive background and sound knowledge in Commercial law; Real Estate transactions; Immigration; Corporate Practice; Intellectual Property; Investment and Securities; Project Finance Advise; Banking; Litigation; and Shipping. Mr. Malm-Hesse has keen interest in technology law and transactions. He spends considerable time where necessary to hold seminars and address the business community on the aforementioned practice areas. Mr. Malm-Hesse further foundered Debate Ghana Association(2010) which now operates under the name Centre for Legal Resource Ghana (NGO). Amongst Its objects include legal aid services to the under-privilege citizens and in Ghana.

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