Trade Marks

To succeed in the business world, you have to distinguish and brand your products. In the process, certain marks, insignia, or combination of letters may be adopted or may emerge to distinguish your products. These marks, insignia or signs are called Trade Marks. Once your products or service start performing well in the market, others may seek to free ride on your success by either directly or indirectly using your ‘signs’ to market their products. The practice of these free riders may undercut your profit or consumers may associate their inferior goods with your quality goods. Under Ghana law, you can retain proprietary interest in the use of your trade marks by Registering them under the Trade Marks Act of 2004 (Act 669). Act 669 makes it an offense to use someone’s registered Trade Mark and section 9 provides that the owner of a Trade Mark can sue anyone (including a company) who uses their registered Trade Mark without their permission. In this suit, the owner can ask for an injunction from the court that will forbid the 'infringer' from ever using the Trade Mark. Punitive damages can also be awarded for infringing on someone’s Trade Mark.