Intellectual Property Law: Getting your trademark

The world is full of trademarks!

On the streets, on signboards, at shopping malls, on customized cars, in television ads, etc you will find trademarks of several companies advertising their products. The trademark helps us to distinguish one company from another.

READ ALSO: Intellectual Property Law: Protecting your idea

WHAT IS A TRADEMARK?

A trademark means any sign that serves, in trade, to differentiate the goods and services of one person or company from those of another.

It comes in the form of words or logos or a combination of words and logos. It can be any distinctive mark that sets your company apart from the rest such that as soon as people see that mark or design they automatically know what it stands for and the services that your company provides.

In Ghana, trademarks are governed by the Trademarks Act 2014(Act 664).

WHY DO I NEED A TRADEMARK?

The reason is that your trademark (or logo) identifies the product of your company so that it is not confused with others.

For instance, there are a lot of restaurants and so if you deal in the restaurant business you would need your unique symbol to avoid confusing your company with that of others.

A tagline attacked to the trademark will help customers know what your company is about.

HOW DO I GET A TRADEMARK?

  1. Get a designer to make a unique logo or design that rightly represents what you provide.
  2. Conduct a search at the Trademark Registry to ensure that your trademark is not available or similar to one that is already registered by another company.
  3. Fill an application with the Trademark Registry accompanied with the proposed trade mark and a list of the goods or services for which the registration of the trade mark is requested and pay appropriate fees.
  4. The Registrar, after determining that the trademark qualifies for registration, will publish the trademark in a Journal for any possible objections by a third party.
  5. If there are no objections, the Registrar will issue you a Certificate of registration. The registration is good for ten (10) years after which you have to renew.

Get your own trademark now and brand your business

READ ALSO: What you never knew about Algeria

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