WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACI0N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/GHA/Tll 
27 February 2002 
(02-0986) 
Original: English/ 
anglais/ 
ing1es 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
GHANA 
The present document reproduces the text1 of the Trade Marks Act, 1965, as notified by 
Ghana under Article 63.2 of the Agreement (see document IP/N/l/GHA/1). 
ConseU des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
GHANA 
Le present document contient 1e texte1 de la Loi de 1965 sur les marques de fabrique et de 
commerce, notifiee par le Ghana au titre de !'article 63:2 de l'Accord (voir le document 
IP/N/1/GHA/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectuai relacionados con ei Come.rcio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
GHANA 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica o de 
Comercio de 1965, notificado por Ghana de conformidad con lo dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/1/GHA/1). 
1 In English only./En anglais seulement./En ingles solamente. fP/N/l/GHA/T/1 
Page 2 
Trade Marks Act, 1965 
ARRANGEMENT OF SECTIONS 
PART I-PROVIS10NS RELATfl\TG TO REGISTRATION 
Section 
1. The register of trade 1narks and the Registrar, 
2. No action for infringement of unregistered trade mark. 
3. Registration to be in respect of particular goods. 
4. Right given by registration in Part A and infringement thereof. 
5. Right given by registration in Part B and infringement thereof. 
6. Infringement by breach of certain restrictions. 
7. Saving for vested rights. 
8. Saving for use of nam.e, address or description of goods. 
9. Distinctiveness requisite for registration in Part A. 
10. Capability of distinguishing requisite for registration in Part B. 
11. Prohibition of registration of deceptive and certain other 
n1atter. 
12. Prohibition of registration of identical and resernbling trade 
marks. 
13. Registration in Part A to be conch.Lsive as to validity after 
seven years. 
14~ Registration subject to disclaimer. 
15. Words used as name or descrintion of a.n article or substance. ,. 
16. Effect of limitation as to colour and of absence thereof 
17. Application for registration, 
18. Opposition to registration. 
19. Registration. 
20. Duration a.nd renewal of registration. 
21. Registration of parts of trade marks and of trade marks as a 
senes. 
22. Powers of and restrictions on assignment and transmission. Act 270 Section !P/N/1 /GHA/T/1 
Page 3 
23. Certain trade marks to. be associated so as to be assignable 
and transn1issible as a whole only. 
24. Power of registered proprietor to assign and give receipts. 
25. Registration of assignments and transmissions. 
26. Removal from the register and imposition of limitations on, 
ground of non-use.' 
27. Defensive trade marks. 
28. Registered users. 
29. Proposed use of trade mark by corporation to be constituted, 
etc. 
30. Use of one of associated or substantially identical trade marks 
equivalent to use of another. 
31. Use of trade mark for export trade. 
32. General power to rectify entries in register. 
33. Power to expunge or vary registration for breach of condition. 
34. Correction of register. 
35. Alteration of registered trade mark. 
36. Certification trade marks. 
37. Registration of marks by Ministers. 
38. Misuse of trade marks indicative of Ghanaian origin. 
PART II-PROVISIONS RELATING TO POWERS AND DUTIES OF 
REGISTRAR AND TO LEGAL PROCEEDINGS 
39. Preliminary advice by Registrar as to distinctiveness. 
40. Registrar may consult Attorney-General. 
41. Hearing before exercise of Registrar's discretion. 
42. Power of Registrar to award costs. 
43. Registration to be prlma facie evidence of validity. 
44. Certificate of validity. 
45. Costs of the Registrar in Court pro'ceedings. 
46. Trade usage and other matters to be considered. 
47. Registrar's appearance in proceedings. 
48. Appeal to the Court. 
49. Court's power to review Registrar's decision. 
50. Procedure in cases of option to apply to Court or Registrar. IP/N/1/GHAITII 
Page4 
51. Mode of taking evidence in proceedings before Registrar. 
52. Evidence of entries in register. 
53. Evidence of things done by Registrar. 
PART III-GENERAL AND MISCELLANEOUS 
54. Falsification of entries in register. 
55. Fine for falsely representing a trade n1ark as registered. 
56. Penalty for unlavvful user of official badges, etc. 
57. Change of form of trade connection not to be deemed to 
cau_se deception. 
58. Jointly owned trade marks. 
59. Trusts and equities. 
60. Recognition of agents. 
61. International arrangements. 
62. Offences by bodies of persons. 
63. Exercise of powers of Minister. 
64. Infants, lunatics, etc. 
65. Regulations. 
66. Interpretation. 
67. Transitional provisions. 
68. Repeal and Savings. 
69. Commencement. 
FIRST SCHEDULE 
CERTIFICATION TRADE MARKS 
SECOND SCHEDULE 
TRANSITIONAL PROVISIONS Act 210 
The register 
of trade 
marks and 
the 
Registrar. THE Two HUNDRED AND SEVENTIETH 
T 
OF THE PARLIAMENT OF THE REPUBLIC 
OF GHANA 
ENTITLED 
THE TRADE MARKS ACT, 1965 IP/N/1/GHA/T/J 
Page 5 
AN ACT to consolidate and amend the law relating to trade marks. 
DATE OF ASSENT: 25th February, 1965 
BE IT ENACTED by the President and the National Assembly in this 
present Parliament assembled as follows:-
P ART I-PROVISIONS RELATING TO REGISTRATION 
l. (1) There shall continue to be kept at the Registrar's office for 
the purpose of this Act a book called the register of trade marks, 
in which shall be entered all registered trade marks with the names, 
addresses and descriptions of their proprietors, notifications of 
assignments and transmissions, the names, addresses and descrip0 
tions of all registered users, disclaimers, conditions, IL111itations, 
and such other matters relating to registered trade marks as may be 
prescribed. 
(2) The register shall continue to consist of two parts called 
respectively Part A and Part B. IP/Nil /GHA/T /I 
6 
(3) The register shall at all convenient be open to the 
in.spection of the public~ subject to such regulations as may be made 
under section 65 of this Act. 
( 4) The register shall be kept under the control and manage~ 
ment of the Registrar. 
(5) The Registrar-General is the registrar of trade marks for 
the purposes of this Act, in this Act referred to as " the Registrar ". 
(6) The register may, in lieu of being kept in the form of a 
book, be kept in such other form of record as may fro1n time to 
time be approved by the Minister. · 
(7) The register of trade marks existing immediately before 
the commencement of this Act shall form part of the register. 
2. No person is entitled to institute any proceeding to prevent, No .acti?n. 
or to recover damages for, the infringement of an unregistered for mffmge­
trade mark, but nothing in this Act shall be deemed to affect rights ~:fs\~redn­
of action against any person for passing off goods as the goods of trade mark, 
another person or the remedies in respect thereof. 
3. A trade mark must be registered in respect of particular goods 
or classes of goods, and any question arising as to the class within 
which any goods fall shall be decided by the Registrar. 
{ Registration 
to be in 
respect of 
particular 
goods. 
4. (1) Subject to the provisions of this section, and to sections 7 Right given 
and 8 of this Act, the registration (whether before or after the ~Y r<:gisptra-
f l · A ) f · p A f h · t10n m art commencement o t 11s et o a person m art o t e register as A and in-
proprietor of a trade mark ( other than a certification trade mark) fringement 
in respect of any goods shall, if valid, give or be deemed to have thereof. 
given to that person the exclusive right to the use of the trade mark 
in relation to those goods. 
(2) Without prejudice to the generality of subsection (1) of 
this section the right referred to in that subsection shall be deemed 
to be infringed by any person who, not being the proprietor of the 
trade mark or a registered user thereof using by way of the permitted 
use, uses a mark identical with it or so nearly resembling it as to be 
likely to deceive or cause confusion, in the course of trade, in 
relation to any goods in respect of which it is registered, and in 
such manner as to render the use of the mark likely to be taken 
either-
(a) as being used as a trade mark; or 
(b) in a case in which the use is use upon the goods or in 
physical relation thereto or in an advertising circular or 
other advertisement issued to the public, as importing 
a reference to some person having the right either as 
proprietor or as registered user to use the trade mark or 
to goods with which such a person is connected in the 
course of trade. Right given 
by registra­
tion in Part 
Band in-
f · ment 
the f. IP/N/l/GHA/T/1 
Page 7 
(3) The right to the use of a trade mark given by virtue of this 
section by registration shall be subject to any conditions or limitations 
entered on the register, and shall not be deemed to be infringed by 
the use of any such mark as is referred to in subsection (2) of this 
section in any mode, in relation to goods to be sold or otherwise 
traded in in any place, in relation to goods to be exported to any 
market, or in any other circumstances, to which, having regard to 
any such limitations, the registration does not extend. 
( 4) The said right shall not be deemed to be infringed by the 
use of any such mark by any person-
(a) in relation to goods connected in the course of trade with 
the proprietor or a registered user of the trade mark if, as 
to those goods or a bulk of which they form part, the 
proprietor or the registered user conforming to the 
permitted use has applied the trade mark and has not 
subsequently removed or obliterated it, or has at any 
time expressly or impliedly consented to the use of the 
trade mark; or 
(b) in relation to goods adapted to form part of, or to be 
accessory to, other goods in relation to which the trade 
mark has been used without infringement of the right 
given by registration or might for the time being be so 
used, if the use of the mark is reasonably necessary in 
order to indicate that the goods are so adapted and 
neither the purpose nor the effect of the use of the mark 
is to indicate otherwise than in accordance with the fact 
a connection in the course of trade between any person 
and the goods. 
-
(5) The use of a registered trade mark, being one of two or 
more registered trade marks that are identical or nearly resemble 
each other, in exercise of the right to the use of that trade mark 
given by virtue of this section by registration shall not be deemed to 
be an infringement of the right so given to the use of any other of 
those trade marks. 
5. (1) Except as provided by subsection (2) of this section, the 
registration (whether before or after the commencement of this Act) 
of a person in Part B of the register as proprietor of a trade mark in 
respect of any goods shall, if valid, give or be deemed to have 
given to that person the like right in relation to those goods as if 
the re~stration had been in Part A of the register~ and the provisions 
of section 4 of this Act shall have effect in like manner in relation to 
a trade mark registered in Part B of the register as they have effect 
in relation to a trade mark registered in Part A of the register. IP/N/1/GHA/T/1 
Page 8 
(2) In any action for infringement of the right to the use of 
a trade mark given under subsection (1) of this section by registration 
in Part B of the register, otherwise than by an act that is deemed to 
be an infringement by virtue of section 6 of this Act, no injunction or 
other relief shall be granted to the plaintiff if the defendant establishes 
to the satisfaction of the Court that the use of which the plaintiff 
_complains is not likely to deceive or cause confusion or to be taken 
as indicating a connection in the course of trade between the goods 
and some person having the right either as proprietor or as registered 
user to use the trade mark. 
6. (1) Where, by a contract in writing made with the proprietor Infringe-­
or a registered user of a registered trade mark, a purchaser or ::~~t~f 
owner of goods enters into an obligation to the effect that he will certain 
not do, in relation to the goods, an act to which this section applies, restrictiom. 
any person who, being the owner for the time being of the goods 
and having notice of the obligation, does that act, or authorises it 
to be done, in relation to the goods, in the course of trade or with 
a view to any dealing therewith in the course of trade, shall be 
deemed thereby to infringe the right to the use of the trade mark 
given by the registration thereof, unless that person -became the 
owner of the goods by purchase for money or money's worth in 
good faith before receiving notice of the obligation or by virtue of 
a title derived through another who so became the owner thereof. 
(2) The acts to which this section applies are-
(a) the application of the trade mark upon the goods after 
they have suffered alteration in any manner specified 
in the contract as respects their state or condition, get~up 
or packing; 
(b) in a case in which the trade mark is upon the goods, the 
alteration, part removal or part obliteration thereof; 
(c) in a case in which the trade mark is upon the goods, and 
there is also thereon other matter, being matter indicating 
a connection in the course of trade between the pro­
prietor or registered user and the goods, the removal or 
obliteration, whether wholly or partly, of the trade 1nark 
unless that other matter is wholly removed or obliterated; 
(d) in a case in which the trade mark is upon the goods, the 
application of any other trade mark to the goods; 
(e) in a case in which the trade mark is upon the goods, the 
addition to the goods of any other matter in writing that 
is likely to injure the reputation of the trade mark. 
(3) In this section references in relation to any goods to the 
proprietor, to a registered user, and to the registration, of a trade 
mark shall be construed, respectively, as references to the pro­
prietor in whose name the trade 1nark is registered, to a registered 
user who is registered. and to the registration of the trade mark, in 
respect of those goods, and " upon " includes in relation to any 
goods a reference to physical relation thereto. lP/N/1 /GHA/T/l 
Page 9 
Saving for 7. Nothing in this Act shall entitle the proprietor or a registered 
vested rights. user of a registered trade mark to interfere with or restrain the use 
by any person of a trade mark identical with or nearly resembling 
it in relation to goods in relation to which that person or a pre­
decessor in title of his has continuously used that trade mark from a 
date anterior-
Saving for 
use of name. 
address or · 
description 
of goods. 
Distinctive­
ness requi­
site for regis­
tration in 
Part A. (a) to the use of the first~mentioned trade mark in relation 
to those goods by the proprietor or a predecessor in title 
of his; or 
(b) to the registration of the first-mentioned trade mark in 
respect of those goods in the name of the proprietor or 
a predecessor in title of his; 
whichever is the earlier, or to object (on such use being proved) to 
that person being put on the register for that identical. or nearly 
resembling trade mark in respect of those goods under subsection 
(2) of section 12 of this Act. 
8. No registration of a trade n1ark shall interfere with­
(a) 
(b) any bona fide use bv a person of his own name or of the 
name of his place of business, or of the nam~, or of the 
name of the place of business, of any of his predecessors 
in business; or 
the use by any person of any bona .fide description of the 
character or quality of his goods, not being a description 
that would be likely to be taken as ir.aporting any such 
reference as is n1entioned in paragraph (b) of subsection 
(2) of section 4, or in paragraph (b) of subsection ( 4) of 
section 36, of this Act. 
9 .. (1) To be registrable in Part A of the register a trade mark 
( other than a certification trade mark) must contain or consist of at 
least one of the following essential particulars: 
(a) the name of a company, individual, or firm, represented 
in a special or particular manner; 
(b) the signature of the applicant for registration or some 
predecessor in his business; 
{c) an invented word or invented words; 
(d) a vmrd or words having no direct reference to the charac­
ter or quality of the goods, and not being according to 
its ordinary signification a geographical name or a 
s11rname; 
(e) any other distinctive n1ark; 
but a name, signature, or word or words, other than such as fall 
within the descriptions in paragraphs (a), (b), (c) and (d) of this 
subsection, shall not be registrable under paragraph (e) except upon 
evidence of its distinctiveness. IP/N/l /GHA/T/1 
Page 10 
Prohl"bition 
of registra­
tion of 
deceptive 
and certain 
other matter. 
Prom"bidon 
of registra­
tion of 
identical and 
resembling 
trade 
marks. , (2) For the purposes of this section ''distinctive" means 
adapted, in relation to the goods in respect of which a trade mark 
is registered or proposed to be registered, to distinguish goods with 
which the proprietor of the trade mark is or may be connected in the 
course of trade from goods in the case of which no such connection 
subsists, either generally or, where the trade mark is registered or 
proposed to be registered subject to limitations, in relation to use 
within the extent of the registration. 
(3) In determining whether a trade mark is adapted to dis­
tinguish any goods as required by subsection (2) of this section the 
Court or the Registrar (as the case may be) may have regard to the 
extent to which-
(a) the trade mark is inherently adapted so to distinguish the 
goods;and 
{b) by reason of the use of the trade mark or of any other 
circumstances, the trade mark is in fact adapted so to 
distinguish the goods. 
lOe (1) To be registrable in Part B of the register, a trade mark C:a~abil!ty of 
must be capable, in relation to the goods in respect of which it is ~hstmgm.sryt-. d . d b . d f d" . . 1 . d . h mg reqms1 e reg1stere or propose to e regrstere , o 1stmgms 1mg goo s wit for regis-
which the proprietor of the trade mark is or may be connected in the tration in 
course of trade from goods in the case of which no such connection Part B. 
subsists, either generally or, where the trade mark is registered or 
proposed to be registered subject to limitations, in relation to use 
within the extent of the registration. 
(2) In determining whether a trade mark is capable of dis­
tinguishing any goods as required by subsection (1) of this section, 
the Court or the Registrar (as the case may be) may have regard 
to the extent to which-· 
(a) the trade mark is inherently capable of so distinguishing 
the goods; and 
(b) by reason of the use of the trade n1ark or of any other 
circumstances, the trade mark is in fact capable of so 
distinguishing the goods. 
(3) A trade mark may be registered in Part B notwithstanding 
any registration in Part A in the name of the same proprietor of the 
same trade mark or any part or parts thereof. 
11. It shall not be lawful to register as a trade mark or part of a 
trade mark any matter the use of which would, by reason of its 
being likely to deceive or cause confusion or otherwise, be disentitled 
to protection in a court of law, or vmuld be contrary to law or 
morality, or any scandalous design. 
12. (]) Subject to subsection (2) of this section, no trade mark 
shall be registered in respect of any goods or description of goods 
that is identical with a trade mark belonging to a different proprietor 
and already on the register in respect of the same goods or descrip­
tion of goods, or that so nearly resembles such a trade mark as to 
be likely to deceive or cause confusion. IP/N/l/GHA/T/1 
Pagel I 
(2) In case of honest concurrent use, or of other special 
circun1stances which in the opinion of the Court or the Registrar 
make it proper so to do, the Court or the Registrar (as the case may 
be) may permit the registration of trade marks that are identical 
or nearly resemble each other in respect of the same goods or 
description of goods by more than one proprietor subject to such 
conditions and limitations, if any, as the Court Or the Registrar 
(as the case may be) may think it right to impose. 
(3) Where separate applications are made by different persons 
to be registered as proprietors respectively of trade marks that 
are identical or nearly resemble each other, in respect of the same 
goods or description of goods, the Registrar may refuse to register 
any of them until their rights have been determined by the Court, 
or have been settled by agreement in a manner approved by him 
or by the Court on an appeal, as the' case may be. 
!legistratio.n 13. (1) In all legal proceedings relating to a trade mark registered : ~~~ct!hre in Part A of the register (including applications under section 32 
as to validity of this Act) the original registration in· Part A of the register of the 
after seven trade mark shall, after the expiration of seven years from the date 
years. of that registration, be taken to be valid in all respects, unless-
(a) that registration was obtained by fraud, or 
(b) the trade mark offends against section 11 of this Act. 
(2) Nothing in subsection (1) of section 5 of this Act shaU be 
construed as making applicable to a trade mark, as being a trade 
mark registered in Part B of the register, the provisions ofsubsection 
(1) of this section relating to a trade mark registered in Part A of 
the register. 
14. If a trade mark- Registration 
subject to (a) contains any part not separately registered by the disclaimer. 
proprietor as a trade mark; or 
(b) contains matter common to the trade or otherwise of a 
non~distinctive character; 
the Court or the Registrar (as the case may be), in deciding whether 
the trade mark shall be entered or shall remain on the register, may 
require as a condition of its being ?n the register-
(i) that the proprietor .shall disclaim any right to the 
exclusive use of any part of the trade mark, or to the 
exclusive use of aU or any portion of any such matter, 
to the exclusive use of which the Court or the Registrar 
(as the case may be) holds him not to be entitled; or lP/N/1/GHA/T/l 
Page l2 
(ii) that the proprietor shall make such other disclaimer 
as the Court or the Registrar (as the case may be) may 
consider necessary for the purpose of defining his 
rights under the registration: 
Provided that no disclain1er on the register shall affect any 
rights of the proprietor of a trade mark except such as arise out 
of the registration of the trade mark in respect of which the dis­
claimer is made. 
15. (1) Subject to the provisions of this section, the registration Words used 
of a trade mark shall not be deemed to have become invalid by ds na!llti~r 
reason only of any use, after the date of the registration, of a word of~~P n 
or words which the trade mark contains, or of which it consists, as article or 
the name or description of an article or substance. substance. 
(2) If it is proved that there is a well-known and established 
use of the word or words as the name or description of the article or 
substance by a person or persons carrying on a trade therein, not 
being use in relation to goods connected in the course of trade with 
the proprietor or a registered user of the trade mark or (in the case 
of a certification trade mark) goods certified by the proprietor the 
provisions of subsection (3) of this section shall have effect. 
(3) Where the facts mentioned in subsection (2) of this section 
are proved with respect to any word or words, then-
( a) if the trade mark consists solely of that word or those 
words, the registration of the trade mark, so far as 
regards registration in respect of the article or sub­
stance in question or of any goods of the same 
description, shall be deemed for the purposes of 
section 32 of this Act to be an entry wrongly remaining 
on the register: 
(b) if the trade mark contains that word or those words and 
other matter, the Court or the Registrar (as the case 
may be), in deciding whether the trade mark shall 
remain on the register, so far as regards registration 
in respect of the article or substance in question and 
of any goods of the same description, may in case of 
a decision in favour of its remaining on the register 
require as a condition thereof that the proprietor shall 
disclaim any right to the exclusive use in relation to 
that article or _substance and any goods of the same 
description of that word or those words, so, however, 
that no disclaimer on the register shall affect any rights 
of the proprietor of a trade mark except such as arise 
out of the registration of the trade mark in respect of 
which the disclaimer is made; and 
(c) for the purposes of any other legal proceedings relating 
to the trade mark-fP/N/1/GHA/T/1 
Page 13 
(i) if the trade mark consists solely of that word or 
those words, all rights of the proprietor, whether 
under the common law or by registration, to the 
exclusive use of the trade mark in relation to the 
article or substance in question or to any goods 
of the same description, or· 
(ii) if the trade mark contains that word or those 
words and other matter, all such rights of the 
proprietor to the exclusive use of that word or 
those words in relation to the article or substance 
in question or to any goods of the same descrip~ 
tion, 
shall be deemed to have ceased on the date at which the use men­
tioned in subsection (2) of this section first became well known and 
established. 
( 4) No word which is the commonly used and accepted name 
of any single chemical element or single chemical compound, as 
distinguished from a mixture, shall be registered as a trade mark 
in respect of a chemical substance or preparation, and any such 
registration in force at the commencement of this Act or therea 
after shall, notwithstanding section 13 of this Act, be deemed for 
the purposes of section 32 of this Act to be an entry made .in the 
register without sufficient cause, or an entry wrongly remaining 
on the register, as the circumstances may require. 
(5) Subsection (4) of this section shall not have effect in 
relation to a word which is used to denote only a brand or make of 
the element or compound as made by the proprietor or a registered 
user of the trade n1ark, as distinguished from the element or con1-
pound as made by others and in association with a suitable name 
or description open to the public use. 
16. (1) A trade mark may be limited in whole or in part to Effect of 
one or more specified colours, and in any such case the fact that it limitation a~ 
is so limited shall be taken into consideration by the Court or the to r1rur 
Registrar (as the case il'.lY be) when deciding on the distinctive !bse~ce 
character of the trade mark. thereof. 
(2) If and so far as a trade mark is registered without limita­
tion of colour, it shall be deemed to be registered for all colours. 
17. (1) Any person claiming to be the proprietor of a trade Application 
mark used or proposed to be used by him who is desirous of register- f?r registra­
ing it must apply in writing to the Registrar in the prescribed manner tton. 
for registration either in Part A or in Part B of the register. 
(2) Subject to this Act, the Registrar may refuse the applica­
tion, or may accept it absolutely or subject to such amendments, 
modifications, conditions or lh"'Ilitations, if any, as he may think 
right. l/GHA/T/1 
Page 14 
Opposi­
tion to 
registration. (3) In the case of an application for registration of a trade 
mark ( other than a certification trade mark) in Part A of the register, 
the Registrar may, if the applicant is willing, instead of refusing 
the application, treat it as an application for registration in Part B 
and deal with the application accordingly. · 
( 4) In the case of a refusal or conditional acceptance, the 
Registrar shall, if required by the applicant within the prescribed 
time, state in writing the grounds of his decision and the materiaJs 
used by him in arriving thereat. 
(5) An applicant desiring to appeal under section 43 of this 
Act against a decision of the Registrar under this section must 
apply to the Registrar under subsection (4) of this section for the 
statement in writing therein referred to, and on the appeal the Court 
shall, if required, hear the applicant and the Registrar, and shall 
make an order determining whether, and subject to what amend~ 
ments, modifications, conditions or limitations, if any, the applica­
tion is to be accepted. 
(6) Except by leave of the Court no appeal against a decision 
of the Registrar under this section shall be made save within a 
period of two months from the date of dispatch to the applicant 
of the statement in writing referred to in subsection ( 4) of this 
section or within such further period not exceeding three months as 
the Registrar may allow ( upon request received before the expiration 
of the said period of two months). 
(7) Appeals under section 48 of this Act against decisions of 
the Registrar under this section shall he heard on the materials 
stated under subsection ( 4) of this section by the Registrar, and no 
further grounds of objection to the acceptance of the application 
shall be allowed to be taken by the Registrar, other than those so 
stated by him, except by leave of the Court. 
(8) The Registrar or the Court (as the case may be) may at 
any time, whether before or after acceptance, correct any error 
in or in connection with the application, or may permit the applicant 
to amend his application upon such terms as the Registrar or the 
Court (as the case may be) may think fit. 
18. (1) When an application for registration of a trade mark 
has been accepted, whether absolutely or subject to conditions or 
limitations, the Registrar shall, as soon as may be after acceptance, 
cause the application as accepted to be advertised in the prescribed 
manner, and the advertisement shall set forth all conditions and 
limitations subject to which the application has been accepted : 
Provided that the Registrar may cause an application to be 
advertised before acceptance in any case where it appears to him 
that it is expedient by reason of any exceptional circumstances 
so to do, and where an application has been so advertised the 
Registrar may, if he thinks fit, advertise it again when it has been 
accepted but shall not be bound so to do. !P/N/l /GHA/T/1 
Page l 5 
(2) Any person may, within the prescribed time from the date 
of the advertisement of an application, give notice to the Registrar 
of opposition to the registration. 
(3) The notice shall be given in writing in the prescribed 
manner, and shall include a statement of the grounds of opposition. 
( 4) The Registrar shall send a copy of the notice to the 
applicant, and within the prescribed time after receipt thereof the 
applicant must send to the Registrar in the prescribed manner, 
a counter-statement of the grounds on which he relies for his 
application, and, if he does not do so, he shall be deemed to have 
abandoned his application. 
(5) If the applicant sends a counter-statement under sub­
section (4) of this section, the Registrar shall furnish a copy thereof 
to the persons giving notice of opposition and shall, after hearing 
the parties, if so required, and considering the evidence, decide 
whether, and subject to what conditions or limitations, if any, 
registration is to be permitted and shall notify the applicant and the 
opponent accordingly. 
(6) The applicant or the opponent may, within the prescribed 
time after the date of notification of the decision of the Registrar, 
apply to the Registrar for a written statement of the grounds of 
his decision. 
(7) A person desiring to appeal under section 48 of this Act 
against a decision of the Registrar under this section must apply 
to the Registrar under subsection (6) of this section for the written 
staten1ent therein referred to, and on the appeal the Court shall, if 
required, hear the parties and the Registrar and shall make an order 
determining whether, and subject to what conditions or limitations, 
if any, registration is to be permitted. 
(8) Except by leave of the Court, no appeal against a decision 
of the Registrar under this section shall be made save within a 
period of two months from the date of dispatch to the applicant 
of the statement in writing referred to in subsection ( 6) of this section 
or within such further period not exceeding three months as the 
Registrar may allow (upon request received before the expiration of 
the said period of two months). 
(9) On the hearing of an appeal under section 48 of this Act 
against a decision of the Registrar under this section any party 
may, either in the manner prescribed or by special leave of the 
Court, bring forward further material for the consideration of the 
Court. TP/N/1/GHA/T/l 
Page 16 
(10) On an appeal under section 48 of this Act against a 
decision of the Registrar under this section no further grounds of 
objection to the registration of a trade mark shall be allowed to 
be taken by the opponent or the Registrar, other than those stated 
under subsection (3) of this section by the opponent, except by leave 
of the Court. 
(11) Where any further grounds of objection are taken under 
subsection (10) the applicant is entitled to withdraw his application 
without payment of the costs of the opponent on giving notice as 
prescribed. 
(12) On an appeal under section 48 of this Act against a 
decision of the Registrar under this section the Court may, after 
hearing the Registrar, permit the trade mark proposed to be 
registered to be modified in any manner not substantially affecting 
the identity thereof} but in any such case the trade 1nark as so 
modified shall be advertised in the prescribed manner hefore being 
registered. 
(13) a person giving notice of opposition or an applicant 
sendin2: a counter-staten1ent after receipt of a coov of such notice. 
or an appellant, neither resides nor carries on business in Ghana, 
the Court (in the case of an appeal) or the Registrar (in any other 
case) may require hin1 to give security for costs of the proceedings 
and, in default of such security being duly given, may treat the 
opposition or application, or the appeal, as the case may be, as 
abandoned. 
Registration. 19. (1) When an appiication for registration of a trade mark in 
Part A or in Part B of the register has been accepted, and either-
(a) the application has not been opposed and the time for 
notice of opposition has expired, or 
( b) the application has been opposed and the opposition 
has been decided in favour of the applicant, 
the Registrar shall, unless the application has been accepted in 
error, register the trade mark in Part A or Part B, as the case may beJ 
and the trade mark, when registered, shall be registered as of the 
date of the application for registration, and that date shall be deemed 
for the purposes of this Act to be the date of registration. 
(2) On the registration of a trade n1ark the Registrar shall 
issue to the applicant a certificate in the prescribed form of the 
registration thereof sealed with the official seal of the Registrar. 
(3) Where registration of a trade mark is not completed within 
twelve n1onths from the date of the application by reason of default 
on the part of the applicant, the Registrar may, after giving notice 
of the non-completion to the applicant in writing in the prescribed 
manner, treat the application as abandoned unless it is completed 
within the time specified in that behalf in the notice. fP/N/1 /GHA/T/ ! 
Page 17 
Duration and 20® ( l) The registration of a trade mark shall be for a period of 
renewal of seven years, but may be renewed frorn time to time in accordance 
registration. with this section: 
Provided that, in relation to a registration as of a date before 
the commencement of this Act, this subsection shall have effect with 
the substitution of a period of fourteen years for the said period of 
seven years. 
(2) The Registrar shall, on application made by the registered 
proprietor of a trade mark in the prescribed manner and within 
the prescribed period, renew the registration of the trade mark for 
a period off ourteen years from the date of expiration of the original 
registration or of the last renewal of registration, as the case may 
be, which date is in this section called " the expiration of the last 
registration ". 
(3) At the prescribed time before the expiration of the last 
registration of a trade mark, the Registrar shall send notice in the 
prescribed manner to the registered proprietor of the date of expira­
tion and the conditions a, to payment of fees and otherwise upon 
which a renewal of registration may be obtained, and, if at the 
expiration. of the time prescribed in that behalf those conditions 
have not been duly complied with, the Registrar may remove the 
. trade mark from tJ egister, subject to such conditions, if any, as 
to its restoration tc 1e register as may be prescribed. 
(4) Subject to subsection (5) of this section, where a trade 
mark has been removed from the register for non-payment of the 
fee for renewal, it shall, nevertheless, for the purpose of any applica­
tion for the registration of a trade mark during one year next after 
the date of the removal, be deemed to be a trade mark that is already 
o:n the register. · 
(5) Subsection (4) of this section shall not apply where the 
Court or the Registrar (as the case may be) is satisfied either-
(a) that there has been no bona fide trade use of the trade 
mark that has been removed du.ring the two years 
immediately preceeding its removal; or 
(b) that no deception or confusion would be likely to arise 
from the use of the trade mark that is the subject of 
the · application for registration by reason of any 
previous use of the trade mark that has been removed~ 
21. (1) Where the proprietor of a trade mark claims to be entitled Registration 
to the exclusive use of any part thereof separately, he may apply to of parts of trade marks register the whole and any such part as separate trade marks. and of trade 
(2) Each such separate trade mark must satisfy all the con di-~:J~ as a 
tions of an independent trade mark and shall, subject to sub3ection · 
(3) of section 23_and subsection (2) of section 30 of this Act, have all 
the incidents of an independent trade mark. TP/N/1/GHA/T/1 
Page 18 
Powers of 
and restri,::e 
tions on 
assignment 
and trans­
mission. (3) Where a person claiming to be the prop~ie~or of several 
trade marks, in respect of the same goods or descnp_oon of ~oods, 
which, while resembling each other in the matenal particulars 
thereof, yet differ in respect of-
( a)· statements of the goods in relation to which they are 
respectivdy used or proposed to be used; or 
(b) statements of number, price, quality or names of 
places; or 
(c) other matter ofa non-distinctive character which does 
not suostantially affect the identity of the trade mark; 
or 
(d) colour ,; 
seeks to register those trade m:arks, they may be registered as a 
series in one registration. 
22. (1) Subject to this section, a registered trade mark shall be 
assignable and transmissible either in connection with the goodwill 
of a business or ·not. 
(2) Subject to this section, a registerec. · ade mark shall be 
assignable and transmissible respect either of all the goods in 
respect of which it is regi,stered, '-or of some {but not a'll) of those 
goods. 
(3) Subsection {1) and {2) of this section shall have effect in 
the case of an unregiste·red trade mark used in relation to any goods 
as they have effect in the case of a registered trade mark registered 
in respect of any goods. if at the time of the assignment or transmis­
sion of the -unregistered trade mark 'it is -used in 'the same business 
as a registered trade mark, ·and if itis a'.ssigned or transmitted at the 
same time and to the same ;perso·n as that iregistered trade mark and 
in respect of goods an of which are goods in:0srelatiofi to which the 
unregistered trade mark is used ·in that :business· ·a1rtcl in respect of 
which that registered trade mark is assigned or transmitted. 
(4) Notwithstanding·anythingTn subsections (I), (2) and (3) of 
this section, a trade mark shall not be assignable ot transmissible 
in a case in which as a iresu1t ·of an· assignment or transmission there 
would in the circumstances subsist, whether under the common law 
or by registration, exclusive rights in _more than one of the persons 
concerned to the use, in relation to tl)e s·ame goods or description 
of goods, of trade marks nearly resembling each other or of identical 
trade marks, if, having regard to the :similarity of the goods and of 
the trade marks, the use of lhe trade :marks 1in 'exercise of those 
rights would be likely to :deceive,or cause,comusion. fP/N/1/GHA/T/I 
Page 19 
(5) Where a trade mark is assigned or transmitted in such a 
case as is ref erred to in 'subsection {4) of this 'section, the assignment 
or transmission shali not be -cleem:ed to be invalid under that sub­
section if the exclusive rights subsisting as a result thereof in the 
persons concerned respectively are, having regard lo limitations 
imposed thereon, such a's :not to be exercisable by two or more of 
those persons in relation to goods to be :sold, or otherwise traded in, 
Vtrithin Ghana ( otherwise than for export therefrom} or in relation 
to goods to be exported to the same market outside Ghana. 
(6) The proprietbr of a registered trade mark who proposes to 
assign it in respect of any goods in respect ,of which il is registered 
may submit to the Registrar in the prescribed manner a statement 
of case setting out the circumstances, and the Registrar may issue 
to him a certificate stating whether, having regard to the similarity 
of the goods and of the trade marks referred to in the case, the 
proposed assignment of the first-mentioned trade mark would or 
would not be invalid under subsection (4) of this section, and a 
certificate so issued shall, unless it is shown that the certificate was 
obtained by fraud or misrepresentation, be conclusive as to the 
validity or invalidity under subsection {4) of this section of the 
assignment in 'Sb far as such validity or invalidity depends upon the 
facts set out in the case, but, as regards a certificate in favour of 
validity, only if application for the registration under section 25 of 
this Act of the title of the person becoming entitled is made within 
six months from the date on which the ,certificate is issued. 
'(7) Notwithstanding anything in subsections (l)i (2) and (3) 
of this section, but subject to subsection (8) a trade mark shall not he 
assignable ot transmissible in a case in which as a result of an 
assignment or transmission thereof 'there would in the circumstances 
subsist, whether under the common law or by registration, an 
exdusive right in one of the persot1s concerned to the use of the 
trade mark limited to use in relation to goods to be sold, or otherwise 
traded in, in a place or places in Ghana, and an exclusive right in 
another of those persons to the-use of a trade mark nearly resembling 
the first-mentioned trade mark or of an identical trade mark in 
relation to the same goods or description of goods limited to use in 
relation to goods to be sold, or otherwise traded in, in another 
place or other places in Ghana; lP/N/1/GHA/T/1 
Page 20 
Certain trade 
marks to be 
associated so 
as to be 
assignable 
as and 
transmissihle 
asa whole 
only. £(8) On application in the prescribed manner by the proprietor 
of a trade mark who proposes to assign it, or of a person who 
claims that a trade mark has been transmitted to him or to a prede~ 
cessor in title of his in any such case as is referred to subsection (7), 
the Registrar, if he is satisfied that in all the circumstances the use 
of the trade mark in exercise of the said rights would not be contrary 
to the public interest, may approve the assignment or transmission, 
and an assignment or transmission so approved shall not be deemed 
to be or to have been, invalid under subsection (7) or subsection (4) 
of this section, so, however, that in the case of a registered trade 
mark this subsection shall not have effect unless application for the 
registration under section 25 of this Act of the title of the pers.on 
becoming entitled is made within six months from the date on which 
the approval is given or, in the case of a transmission, was made 
before that date. 
(9) Where an assignment in respect of any goods of a trade 
mark that is at the time of the assignment used in a business in 
those goods is made otherwise than in connection with the goodwill 
of that business, the assignment shall not take effect until, in pur-· 
suance of an application made by the assignee in the prescribed 
manner to the Registrar within a period of six months from the date 
on which the assignment is made ( or within such extended period, 
if any, as the Registrar may allow) a notice of the assignment is 
published in the Gazette. 
23. (1) Trade marks that are registered as, or that are deemed 
by virtue of this Act to be, associated trade marks shall be assign­
able and transmissible only as a whole and not separately, but 
they shall for all other purposes be deemed to have been registered 
as separate trade marks. 
(2) Where a trade mark that is registered, or is the subject 
of an application for registration, in respect of any goods is identical 
with another trade mark ·that is registered, or is the subject of an 
application for registration, in the name of the same proprietor in 
respect of the same goods or description of goods, or so -nearly 
resembles it as to be likely to deceive or cause confusion if used by 
a person other than the proprietor, the Registrar may at any time 
require that the trade marks shall be entered on the register as 
associated trade marks. 
(3) Where a trade mark and any part or part~ thereof are, by 
virtue of subsection (1) of seetion 21 of this Act, registered as separate 
trade marks in the name of the same proprietor, they shall be deemed 
to be, and shall be registered as, associated trade marks. 
( 4) All trade marks that are, by virtue of subsection (3) of 
section 21 of this Act, registered as a series in one registration shall 
be deemed to be, and shall be registered. as, associated n-ade marks. Power of 
:registered 
proprietor to 
assign and 
give receipts. IP/N/l/GHA/T/1 
Page 2 I 
(5) On application made in the prescribed. manner by the 
registered proprietor of two or more trade marks registered as 
associated trade marks, the Registrar may dissolve the association 
as respects any of them if he is satisfied that there would be no 
likelihood of deception or confusion being caused if that trade mark 
were used by another person in relation to any of the goods in 
respect of which it is registered, and may amend the register accord­
ingly. 
24. Subject to this Act, the person for the time being entered in the 
register as proprietor of a trade mark shall, subject to any rights 
appearing from the register to be vested in any other person, have 
power to assign the trade mark, and to give effectual receipts for any 
consideration for an assignment thereof. 
25.. (1) Where a person becomes entitled by assignment or Registration 
transmission to a registered trade mark, he must make application of assign­
in the prescribed manner to the Registrar to register his title, and the ~:~!~i~-d 
Registrar shall, on receipt of the application and on proof of title to sions. · 
his satisfaction, register him as the proprietor of the trade mark in 
respect of the goods in respect of which the assignment or transmis~ 
sion has effect, and shall cause particulars of the assignment or 
transmission to be entered on the register. 
(2) Except for the purposes of an appeal under section 48 of 
this Act against a decision of the Registrar under this section or of 
an application under section 32 of this Act, a document or instru­
ment in respect of which no entry has been made in the register in 
accordance with subsection (1) of this section shall not be admissable 
in evidence in any court of law in proof of the title to a trade mark 
unless that court otherwise directs. 
26. (1) Subject to section 27 of this Act, a registered trade mark Removal 
may be taken off the register in respect of any of the goods in respect fr0!11 the ..1 
f hi h · · · d Ii · b · d register anu o w c 1t 1s reg1stere on app catmn y any person aggneve to imposition 
the Court or, at the option of the applicant and subject to section 50 of limitatiom 
of this Act, to the Registrar, on the ground either- ofn ground . . o non~use. (a) that the trade mark was registered without any bona fide 
intention on the part of the applicant for registration 
that it should be used in relation to those goods by him, 
and that there has in fact been no bona fide use of 
the trade mark in relation to those goods by any 
proprietor thereof for the time being up to the date 
one month before the date of the application; or 
(b) that up to the date one month before the date of the 
application a continuous period of five years or longer 
elapsed during which the trade mark was a registered 
trade mark and during which there was no bona fide 
· use thereof in relation to those goods by any proprietor 
thereof for the time being. IP/N/l/GHA/T/1 
Page 22 
(2) Except where the applicant has been permitted under 
subsection (2) of section 12 of this Act to register an identical or 
nearly resembling trade mark in respect of the goods in question or 
where the Court or the Registrar (as the case may be) is of opinion 
that he might properly be permitted so to register such a trade mark 
the Court or the Registrar (as the case may be) may refuse an appli~ 
cation made under paragraph (a) or (b) of subsection (1) of this 
section in relation to any goods, if it is shown that there has been, 
before the relevant date or during the relevant period, as the case 
may be, bona Ji.de use of the trade mark by any . proprietor thereof 
for the time being in relation to goods of the same description, 
"being goods in respect of which the trade mark is !egist~red~ 
(3) Where in relation to any goods in respect of which a trade 
mark is registered-. 
(a) the matters referred to in paragraph (b) of subsection (1) 
of this section are shown so far as regards non-use of 
the trade mark in rel.ation to goods to be sold, or other­
wise traded in, in a particular place in Ghana (other­
wise than for export from Ghanat or in relation to 
goods to be exported to ~ particular market outside 
Ghana; and 
(b) a person has been permitted unde,r subsection (2) of 
section I 2 of this Act to register an identical or nearly 
resembling trade mark in respect of those. goods under 
a registration extending to use in relatio.n to goods to be 
sold, or otherwise traded in, in that place (otherwise 
than for export from Ghana),, or in relation to goods 
to be exported to that market,, or tbe C0urt or the 
Registrar is of opinion that he might properly be per-
mitted so to register such a trade mark; · ·· 
on application by that persqn to the Court, or, at the option of the 
applicant and subject to section SQ of this Act, to the Regjstrar, the 
Court or the Registrar (as. the case may be) may impose on the 
registration of the first-mentioned trade mark sµc:h limitations as 
the Court or the Registrar (as the case may be) thinks proper for 
securing that that registration shall cease tQ extend to the last­
mentioned use. 
( 4) An applicant shall not be entitled to rely for the purposes 
of paragraph (b) of subsection (l), or for the purposes of subsection 
(3) ·or this section on any non-use of a trade mark that is shown to 
have been due to special' circumstances. in the trade and not to any 
intention not to use or to abandon the, trade. mark in relation to the 
goods to which the application relates .. Defensive 
trade marks. !P/N/l/GHA/T/l 
Page 23 
27. (l) Where a trade mark consisting. of an invented word or 
invented words has become so well known as respects: any goods 
in respect of which it is registered and in relation to. which i_t has 
been used that the use thereof in relation to other goods wouJd be 
likely to be taken as indicating a connection in the cour~e of trade 
between those goods ancl a per:son entitled to us.e the trade mark 
in relation to the first-mentioned goods, then, notwithstanding that 
the proprietor registered in respect of th;e first~mentioned goods 
does not use or propose to use. the trade mark in relation to those 
other goods and notwithstanding any:thiflg in section 46 of this Act, 
the trade mark may, en the application in the, pr~scribed manner oi 
the proprietor. registered. in respect. of the, first...mentioneci gQods, 
be registered in his name in respect of those other goods as a defensive 
trade mark and, while so registered, shaU not be liable to be taken 
off the register in respect of those goods under section 26 of this Act. 
(2) The registered proprietor of a trade mark may apply for 
the registration thereof in respect of any goods as a defensive trade 
mark notwithstanding that it is already registered in his name in 
respect of those goods otherwise than as a defensive trade mark, 
or may apply for the reg_istration thereof in respect of any goods 
o_therwise than as a defensive trade mark notwithstanding that it 
is al-ready registered in his name in respect of those goods as a 
defen:sive tra~e m,ark, in lieu in each case of the existing registration. 
(3) A trade mark registered as a defensive trade mark and that 
trade mark as ,otherwise registered in the name of the same pro­
prietor shall, notwithstanding that the respective registrations are 
in respect of different goods, be deemed tq be, and shall be registered 
as, associated trade marks. 
( 4) On application by any pers.on-aggrieved to the Court or, 
at the option of the applicant and subject to section 50 of this Act, 
to the Registrar, the registration of a trade mark as a defensive 
trade mark may be cancelled on the g;round that the requirements 
of subsectfon (1) of this section are no longer satisfied in respect of 
any goods in respect of \Yh_ich_ tl1e trade m;uk;js r~gistered in the 
name of the same proprietor otherwise than as a defensive trade 
ma.rk, or may be cancelle'4 a~ resp~cts any goods in respect of which 
it is registered as a defensive trade m,ark qn the ground that there 
is no longer any likelih9od t,lJaJ_ the 11se of-the trad~ mark in relation 
to those goods woqld l:>e ta.ken. <!.~ gjving tbe_ indic~tiQn mentioned 
in subsection (1) of this section: ·· ' 
(5) The Registrar may at any time cancel the registration as 
a defensive trade mark of'.· a trade mark of which there is no lon~er 
any registration. in t;he nam,e ofthe sarne proprittor otherwise tl1an 
as a defensive trad~ mark~ · -IP/N/1/GHA/T/l 
Page 24 
(6) Except as: otherwise expressly provided in this section, this 
Act applies in respect of the registration of trade marks as defensive 
trade marks and of trade marks so registered as they apply in other 
cases. 
28. (1) Subject to the provisions of this section~ a person other Registered 
than the proprietor of a trade mark ma)' be regist~red as ~ re&ister:ed users. 
user there-0fin respect ofaU or-any of the good~ m respect or which 
it is registered (othe;rw-ise than as a def~nsive tr<J.de marlc) ruid etther 
with or without conditions or restrictio~ 
(2) The use of a trade 1nark by a registered user thereof in 
relation to goods with which he is connected in the course of trade 
and in respect of which for the time being the trade mark remains 
registered and he is registered as a registered user, being use ·such as 
to· comply with any conditions or restrictions to which his registra­
tion is subject, is in this Act referred to as the " permitted use " 
thereof. 
(3) The permitted use of a trade mark shall be deemed to be 
use by the proprietor thereof, and shall be deemed not to be use 
by a person other than the proprietor for the purposes of section 26 
of this Act and for any other purposes for which such use is material 
under this Act or at common law. 
( 4) Subject to any agreement subsisting between the parties, 
a registered user of a trade mark shall be entitled to call upon the 
proprietor thereof to take proceedings to prevent infringement 
thereof, and, if the proprietor ref uses or neglects to do so within 
two months after being so called upon, the registered user may 
institute proceedings for infringement in his own name as if he were 
the proprietor, making the proprietor a defendant. 
(5) A proprietor added as defendant under subsection (4) of 
this section, shall not be liable for any costs unless he enters an 
appearance and takes part in the proceedings. 
( 6) Where it is proposed that a person should be registered as 
a registered user of a trade· mark, the proprietor and the proposed 
registered user must apply in writing to the Registrar fo the prescribed 
manner and must f umish him with such documents, information or 
evidence as may be prescribed, or as may be required by the Registrar. 
(7) When the requirements, of subsection (6) of this section 
have been complied with, if the: Registrar, after considering the 
information furnished to him under that subsection, is satisfied 
that in all the circumstances the use of the trade mark in relation 
to the ·proposed goods or any_ of them by the. proposed registered 
user· subject to any conditions or restrictions which the Registrar 
thiµks: proper :would not-b~ contrary . to the . public. interest, ·. the 
Registrar· may register the proposed registered user as a registered 
user in respect of the goods as to which he is so satisfied subject 
to those conditions or restrictions. IP/N/l/GHA/T/l 
Page 25 
. . (8) The Registrar shall refuse an. application under subsection 
(6)_ Qf thi~ section if. it appears to hirn that the grant thereof would 
tend to facilitate trafficking µi a trad~ :InM":tc~ · 
(9) The Registrar shall, if so required by an applicant, take 
steps for securing that information given for the purposes of an 
application for registration under subsecjon (6) of this section 
( other than any matter entered in the register) is not disclosed to 
rivals in trade. 
(10) Without prejudice to section 32 of this Act, the registration 
of a person as a registered user-
( a) may be varied by the Registrar as regards the goods in 
respect of which, or any conditions or restrictions 
subject to which, it has effect, on the application in 
writing in the pre~cribed manner of the registered 
proprietor of the trade mark to which the registration 
relates; 
(b) may be cancelled by the Registrar on the application in 
writing in the prescribed manner of the registered 
proprietor or of the registered user or of any other 
registered user of the trade mark; or 
(c) may be cancelled by the Registrar on the application in 
writing in the prescribed manner of any person on any 
of the following grounds, that is to say-
(i) that the registered user has used the trade mark 
otherwise than by way of the permitted use, or 
in such a way as to ,cause, or to be likely to cause, 
deception or confusion; 
(ii) that the proprietor or the registered user mis~ 
represented, or failed to disclose, . some fact 
material to the application for the registration, or 
that the circumstances have materiallv changed 
since the date of the registration; 
(iii) that the registration ought not to have been 
effected having regard to rights vested in the 
applicant by virtue of a contract in the per­
formance of which he is interested. 
, (11) Provision shall be made by regulations for the notification 
of the registration of a person as a registered user to any other 
registered user of the trade mark, arid for thv notification of an 
application under subsecto·n (10) of this section to the registered 
proprietor .and each registered· user (not being the applicant) of tbe 
trade mark, and for gi:ving to the applicant on such an application: 
and to all persons to whoni such an application is notified and who 
intervene in the proceedings in. accordance with the regulations an 
opportunity ·of being heard;_, 
(12) The Registrar may· at any time cancel the registration of a 
p·erson asa registered user ofa trade mark in respect of any goods 
in resp-ect ·of which the trad€.mark is ,no·longer·registered.· f P/N/1/GHA/T/1 
Page 26 
Proposed 
use of 
trade mark 
by corpora­
ticm to he 
constituted, 
etc. (13) Nothing in this section shall confer on a registered user 
of a trade mark any assignable or transmissible right to the use 
thereof. 
(14) Anyperson who is registered under this Act as a registered 
user of a trade mark shall be deemed to have been so registered as 
of the date of the application for his registration as a registered user 
29 .. (1) No application for the registration of a trade mark in 
respect of any goods shall be refused, nor shall permission for such 
registration be withheld, on the ground only that it appears that 
the applicant does not use or propose to use the trade mark-
(a) if the Court or the Registrar (as the case may be) is 
satisfied that a body corporate is about to be consti­
tuted, and that the: applicant intends to assign the trade 
mark to the corporaJion with a view to the use thereof 
in_ relation to those goods by the corporation; or 
(b) if the application is accompanied: by an application for 
the registration of a person as a registered user of the 
trade mark, and the Court or the Registrar (as the 
case may be) is satisfied that the proprietor intends it 
to be used by that person in relation to those goods and 
the Court or the Registrar (as the case may be) is also 
satisfied tht,1t that person will be registered as a 
registered user thereof immediately after the registration 
of the. trade mark. 
(2) Section 26 ofthis Act shall have effect, in relation to a trade 
mark registered; under tbe power conferred by subsection (1) of this 
section as if for the reference:, in paragraph (a) of subsection (I) of 
section 26 of this Act,· to intention on the part of an applicant for 
registration that a trade mark should l:Je used by him there were 
f;,ubstituted a reference- to intention on his part that it should be 
used by the corporation or registered; user concerned . 
. , > 
(3) The, Registrar. or (in the" c,~se of ~n appeal), the Court 
may, as a condition of the exerd~e of the po.wer conferred by 
Subsec:ion. (l) of this S~Ctjon in faVQUf Q( aq appJjcant Whp relies 
on iIJtention_ to ~ssign to ac cqrporation, require him, to give security 
fox the costs_ of any proceedings b.~f ore th~ Registrar or the Gou~ 
(as the case may be), an_d tij, q~fl;luJt Qf &uch. s~curity b.eing 4uly 
~_iven may trea,t the applic8:tiQQ. ~~-~pa,µdq_n.ed~ , 
(4) Where a trade mark is: registered in respect of' any goods 
under the power conferred by subsection (l) o{ this seqtion in the 
n.ame of aa1 applk;:a~t who relie$ Qn inten,~jqu to ~s:s,Jgn to a corpora­
tiqn,; th~n, t;tn'.le~$ wiJhi~ ~~eh, p~riod a~. J;'llc:\Y be,, PJI~s.crib~d, ~~ 
within sucb~ (~tb,~1; P~I:~QJ;l. pq~, ~~~ffe!lQ& six ~onths. as-th~ &~~tr~ 
may on application being made to him in the prescribed manner 
allow, the corporation has been registered as the proprietor of the 
trade mark in respect of those goods, the registration shall cease to 
have effect in respect thereof at the expiration of that period, and 
the Registrar shall amend the.register accordingly. Power to 
expunge or 
vary registra­
tion for 
breach of 
oondition. IP/N/1/GHA/T/l 
Page 27 
30. (I) Where under this Act use of a registered trade mark Use of o_ne 
is required to be proved for any purpose, the Court or the Registrar of asiociated: 
(as the case may be) may accept use of an associated registered trade ~[a~~i;Hy· 
mark, or of the trade mark with additions or alterations not sub-identical 
,stantially affecting its identity, as an equivalent for the use required ~:ii~aTe~~~~ 
to be proved. use of 
(2) The use of the whole of a registered trade mark shall for another. 
the purposes of this Act be deemed to be also a use of any registered 
trade mark, being a part thereof, registered in the name of the 
same proprietor by virtue of subsection (1) of section 21 of this Act. 
31.. The application in Ghana of a trade mark to goods to be 
exported from Ghana, and any other act done in Ghana in relation 
to goods to be so exported which, if done in relation to goods to be 
sold or otherwise traded in within Ghana, would constitute use of 
a trade mark therein, shall be deemed to constitute use of the trade 
mark in relation to those goods for any purpose for which that use 
is material under this Act or at' common law. Use of trade 
mark for 
export trade. 
32.. (l) Any person aggrieved by the non-insertion in or omission General 
from the register of any entry, or by any entry made in the register P0V.:? to 
without sufficient cause, or by any entry wrongly remaining on the ~~~~i~ 
register, or by any error or defect in any entry in the register, may in register. 
apply in the prescribed manner to the Court or, at the option of the 
applicant and subject to section 50 of this Act, to the Registrar, and 
the Court or the Registrar (as the case may be) may make such 
order for making, expunging or varying the entry as the Court or 
the Registrar (as the case may be) may think fit. 
(2) The Court or the Registrar (aSthe case may be) may in 
any proceeding under this section decide any question that it may 
be necessary or expedient to decide in connection. with the rectifi­
cation of the, register. 
(3) In case of fraud in the registration, assignment or tram,­
mission of a registered trade mark, or in any other case in which 
he considers it to be ·necessary . in the-public interest, the Registrar 
may himself apply to the Court under this section. · 
( 4) Any order of the Court rectifying the register shall direct 
that notice of the rectification shall be se:rved in the prescribed 
manner on the, Registrar, and the Registrar shall 01.l receipt Qf the 
notice-, rectify,; the, register: accordingly. 
(S) The power to rectify the register conferred by this section 
shall include power to remove a registration in Part A of the register 
to Part B. 
33.. On application by any person aggrieved to the Court or, 
at the option of the applicant and subject to section 50 of this Act, 
to the Registrar or on application by the Registrar to the Court, 
the Court or the Registrar ( as the case may be) may make such 
order as the Court or the Registrar (as the case may be) may think 
fit for expunging or varying the registration of a trade mark on the 
ground of any contravention of, or failure to observe, a condition 
entered on the register in relation thereto. TP/N/1/GHA/T/l 
Page 28 
Correction 
of register. 
Alteration 
of registered 
trademark. 34. (1) The Registrar may, on request made in the prescribed 
manner by the registered proprietor-
(a) correct any error in the name, address or description of 
the registered proprietor of a trade mark; 
(b) enter any change in the name, address or description of 
the person who is registered as proprietor of a trade 
mark; 
(c) cancel the entry of a trade mark on the register; 
(d) strike out any goods or classes of goods from those in 
respect of which a trade mark is,registered; or 
(e) enter a disclaimer or memorandum relating to a trade 
mark which does not in any way extend the rights given 
by the existing registration of the trade mark. 
(2) The Registrar may, on request made in the prescribed 
manner by a registered user of a trade mark, correct any error, 
or enter any change, in the name, address or description of the 
registered user. 
(3) The Registrar may, of his own motion, after having given 
the prescribed notice, correct any ertor made by him in any entry 
on the register. · 
35 .. (1) The registered proprietor of a trade mark may apply 
in the prescribed manner to the Registrar for leave to add to or 
alter the trade mark in . any manner not substantially · affecting 
the identity thereof, and the Registrar may refuse leave or · may 
grant it on such terms and subJect to such limitations as he may 
think fit. 
(2) The Registrar may cause an· application under this section 
to be advertised in · the. prescribed manner . in any· case where it 
appears: to him that it is expedient so to do and, where he does so, 
if within the prescribed time . from· the-... date .qf the a9vertisement 
any person gives notice to the Registrar in th€ prescribed manner 
of opposition to the application, the Registrar shall, after hearing 
the parties if so required, decide the matter. 
(3) Where leave is granted, the trade mark as altered shall 
be advertised in the prescribed manner, unless it has already been 
advertised, in the form to which it has been altered, in an advertise­
ment under subsection (2) of this section . 
. 36. (1) A mark adapted in relation to any goods to distinguish Certification 
in the course of trade goods certified by any person in respect of rrademarb. 
origin, material, mode of manufacture, quality, accuracy or other 
characteristic, from goods not so certified shall be registrable as 
a certification trade mark in Part A of the register in respect of 
those goods in the name, as proprietor thereof, of that person: 
Provided that a mark shall not be so registrable in the name of 
a person who carries on a trade in goods of the kind certified. TP/N/1 /GHA/T/1 
Pflge 29 
(2) In determining whether a mark is adapted to distinguish 
any goods as described in subsection (1) of this section the Court 
or the Registrar (as the case may be) may have regard to the extent 
towhich-
(a) the mark is inherently adapted so to distinguish in 
relation to the goods in question; and 
(b) by reason of the use of the mark or of any other circum­
stances, the mark is in fact adapted so to distinguish 
in relation to the goods in question. 
(3) Subject to subsections (5) to (7) of this section, and of 
sections 7 and 8 of this Act, the registration of a person as proprietor 
of a certification trade mark in respect of any goods shall, if valid, 
give to that person the exclusive right to the use of the trade mark 
in relation to those goods. 
(4) Without prejudice to the generality of subsection (3), the 
right referred to in that subsection shall be deemed to be infringed 
by any person who, not being the proprietor of the trade mark or 
a person authorised by him under the rules in that behalf using it 
in accordance therewith, uses a mark identical with it or so nearly 
resembling it as to be likely to deceive or cause confusion, in the 
course of trade, in relation to any goods in respect of which it is 
registered, and in such manner as to render the use of the mark 
likely to be taken either-
( a) as being use as a trade mark; or 
(b) in a case in which the use. is use upon the goods or in 
physical relation thereto or in an advertising circular 
or other advertisement issued to the public, as import­
ing a reference to some person having the right either 
as proprietor or by his 'authorisation. uncier the relevant 
rules to use the trade mark ot 'to goeds certified by 
the proprietor. 
(5) The right to the use of a certification trade mark given 
by virtue of subsection (3) of this section by registration shall be 
subject to any conditions or. limitations entered on the register, 
and shall not be deemed to be infringeci by the use of any such mark 
as is referred to in subsection {4) of this section in any mode, 
in relation to goods to be sold or :otherwise tradea in in any place, 
in relation to goods to be exported to any market, or in any other 
circumstances, to which, having Tegard to any such limitations, 
the registration does not extend. 
(6) The said right shall not be deemed to be infringed by 
the use of any such mark by any person-fP/N/1 /GHA/T/1 
Page 30 
(a) in relation to goods certified by the -proprietor of the 
trade mark if, as to those goods or a bulk of which 
they form part, the proprietor or another in accord­
ance with his authorisation under the relevant rules 
has applied the trade mark and has not subsequently 
removed or obliterated it,_ or the proprietor has at 
any time ·expressly or impliedly consented to the use 
of the trade mark; or 
(b) in relation to goods ada:pted to forn1 part of, or to be 
accessory to, other goods in relation to which the trade 
mark has been used without infringement of the right 
given by registration ·or might for the time being be so 
·used, if the use of the -mark is reasonably necessary in 
order to indicate that the gocids are so adapted and 
neither the purpose nor the effect of the use of -the 
mark is to indicate otherwise than in accordance with 
_ the fact that the goods are certi.flea by the proprietor: 
Provided that paragraph ( a) of th'fs subsection shall not ha';e 
effect in the case of use consisting of the ap:plication of any such 
mark as is referred to in subsectkm ( 4) of this section to any ,goods, 
notwithstanding that they are such _goods as are mentioned in that 
paragraph, if such application is ·contrary to the relevant rules. 
(7) Where a certification trade mark is 'blie of two -or more 
registered trade marks that are identical or nearly resemble each 
other, the use of any of those trade marks 1n exercise of the right 
to the use of that trade mark given hy registration shall not be 
deemed to be an infringement -of the right so given to the use of 
any other of those trade marks. 
(8) There shall be deposited at the office of the Registrar in 
respect of every trade mark registered under this section rules 
approved by the Minister for governing the use thereof, . which 
shall include provisions as to the cases in which the proprietor is 
to_ certify goods and to authorise the use of the trade mark, and 
may contain any other provisions that the 1'4inister may require 
or pern1it to be inserted therein {including provisions conferring a 
right of appeal to the Registrar against any refusal of the proprietor 
to certify goods or to authorise the use of the trade mark in accord~ 
·ance with the ru-Ies). 
(9) Rules deposited under subsection (8) of this section shall 
be open to inspection in like manner as the register. 
{l 0) A certification trade mark shall not be assignable or 
transmissible otherwise than with t-he consent of the Minister. 
(11) The provisions of the First Schdule to this Act shall have 
effect with respect to the registration of a mark under thi:s sect.ion 
and to marks so registered. Preliminary 
advice by 
Registrar 
as to 
distinctive­
ness. IP/N/1/GHA/T/l 
Page 3 l 
37. (1) A lviinister may, subject to this Act, procure the registra- Registratiora 
tion of a trade mark or of a certification trade matk and a '.M·inister ~w!;!;/Y 
by whom such registration is procured shall be, and shaH be registered 
as, the proprietor thereof for all purposes under this Act. 
(2) A Minister 1nay procure the registration in any register 
maintained in any place outside Ghana of a trade mark (whether 
registered or not registered under subsectio'n (l) of this section) if 
and so far as and subject lo such conditions as that registration is 
permitted by the law regulating that register and in any such case 
may procure himself to be entered in that ·register as the proprietor 
of the trade mark. 
38. A Minister raay take in any place outside Ghana such lawful Misuse of 
trade marks steps, whether by way of action or prosecution at law or otherwise, indicaih'e ol 
as he may think proper to prevent, restrain, or to secure punishm:!nt G~a_naian 
for the registration, use, or application in relation to or in respect of ongm. 
goods not grown, produced, or manufactured in Ghana of any 
trade mark or other mark or description indicating or suggesting or 
likely to lead to the belief that the goods in respect of which or to 
which that trade mark, mark, or description is used or applied were 
grown, produced or manufactured in Ghana. 
PART II-PROVISIONS RELATING TO POWERS AND DUTIES OF 
REGISTRAR AND TO LEGAL PROCEEDINGS 
39,. (1) The power to give to a person who proposes to apply for 
the registration of a trade mark in Part A or Part B of the register 
advice as to whether the trade mark appears to the Registrar prim.a 
facie to be inherently adapted to distinguish, or capable of distin­
guishing, as the case may be, shall be a function of the Registrar 
under this Act. 
(2) Any such person who is desirous of obtaining such advice 
must make application to the Registrar therefor in the prescribed 
manner. 
(3) If on an application for the registration of a trade mark as 
to which the Registrar has given advice under this section in the 
affirmative, made within three months after the advice is given, the 
Registrar, after further investigation or consideration, gives notice 
to the applicant of objection on the ground that the trade mark is 
not adapted to distinguish, or capable of distinguishing, as the case 
may be, the applicant is entitled, on giving notice of withdrawal of 
the application within the prescribed period, to have repaid to him 
any fee paid on the filing of the application. rP/N/l/GHA/T/1 
Page 32 
Registrar 40 .. The Registrar may~ in any case of doubt or difficulty in the ~~X:~mt administration of this Act, apply to the Attorney-General for 
General. directions in the matter. 
Hearing 
before 
~erciseof 
Registrar's 
discretion. 
Power of 
Registrar to 
award costs. 
R t:ration 
prima fade 
evidence of 
validity. 41.. Where any discretionary or other power is given to the Registrar 
by this Act or by regulations made under section 65 of this Act 
he shall not exercise that power adversely to the applicant for 
registration or the registered proprietor of the trade mark in question 
without (if duty required so to do within the prescribed time) giving 
to the applicant or registered proprietor an opportunity of being 
heard. 
42. In all proceedings before the Registrar under this Act, the 
Registrar may award to any party such costs as he may consider 
reasonable, and to direct how and by what parties they are to be 
paid, and any such order may, by leave of the Court, be enforced 
in the same manner as a judgment or order of the Court to the same 
effect. 
43. In all legal proceedings relating to a registered trade .rµark 
(including applications under section 32 of this Act) the fact that 
a person is registered as proprietor of the trade mark shall be prima 
facie evidence of the validity· of the original registration of the 
trade mark and of all subsequent assignments and transmissions 
thereof. 
44. In any legal proceedings in which the validity of the regi'stra- Cei:ti~cate of 
tion of a registered trade mark comes into question and is decided vahdity. 
in favour .of the pr ·etor of the trade mark, the Court may certify 
to that effect, and i it so certifies then in any subsequent legal pro-
ceedings in which the validity of the registration comes into question 
the proprietor of the trade mark on obtaining a final order or judg-
ment in his favour shall have his full costs'" charges and expenses as 
between solicitor and client,. unless in the subsequent proceeding 
the Court certifies that he ought not to have them . 
. 45.. In any proceedings before the Court under this Act the Regis.. Cos~s of tl:e 
trar shall be neither awarded costs no.r ordered to pay the costs of cRegistrar m 
h ourt pro-any ot er party. ceedings. 
46.. In any action or proceeding relating to a trade mark or trade Trade usage 
name, the Court or the Registrar (as the case may be) shall admit an~i°th~r b 
evidence of the usages of the trade concer.ned and of any relevant :~sfJ!r~d. e 
trade mark or trade name or get-up legitimately used by other 
persons. Court's 
power to 
review 
Registrar's 
decision. JP/N/1/GHA/T/1 
Page 33 
41 .. (1) The Registrar shall be given notice in writing (by the Registrar's 
plaintiff, a,ppellant or applicant, as the case may be) of any legal ~ppearanc© 
proceeding in which the relief sought would affect the register ~~oceedm~!L 
(including an appeal from any order or decision of the Registrar 
and an application under section 17 or 18 of this Act to extend 
the time for making an appeal against a decision of the Registrar 
under either of those sections) and of the decision of the Court 
respecting any such legal proceeding, and shall have the right to 
appear and be heard, and shall appear if so directed by the Court, 
in any such legal proceeding. 
(2) Unless otherwise directed by the Court, the Registrar in 
lieu of appearing and being heard may submit to the Court a state­
ment in writing signed by him, giving particulars of the proceedings 
before him in relation to the matter in issue or of the grounds of 
any decision given by him affecting it or of the practice of the office 
of the Registrar in like cases or of such other matters relevant to 
the issues, and within his knowledge as Registrar, as he thinks fit, 
and the statement shall be deemed to form part of the evidence 
in the proceeding. 
48 .. (1) An appeal shall lfo to the Court from any order or decision Appeal to 
of the Registrar under any provision of this Act (not being a decision the.Court. 
of the Registrar under section 3 of this Act) or from a correction 
of an error in the register by the Registrar under subsection (3) 
of section 34 of this Act, and the Court· may make such order ~on..: 
firming, annulling or varying the order or decision or correction of 
the Registrar as it thinks fit. 
(2) In any appeal from a decision of the Registrar to the Court 
under this Act, the Court may exercise the same discretionary 
powers as under this Act are conferred upon the Registrar. 
(3) Except by leave of the Court, no appeal (other than an 
appeal under section 17 or 18 of this Act) from an order or decision 
of the Registrar or from a correction of an error in the register by 
the Registrar under subsection (3). of section 34 of this Act shall be 
entertained of which notice to the Court is not given within one 
month from the date of the order, decision or correction appealed 
against or within such further period not _ exceeding three months 
as the Registrar may aUow ( upon :request received before the 
expiration of the said period of one month). 
(4) Subject to subsection (5) of this section, a decision of the 
Court under this section shall be final and not appealable. 
( 5) By leave of the Court, an appeal from a decision of the 
Court under this section shall lie to the Supreme Court on a specified 
question of law. ·· 
49. The Court, in dealing with any. question of the rectification 
of the register (including all applications under section 32 of this 
Act), may review any decision of the Registrar relating to the entry 
in question or the correction sought to be made, TP/N/1 /GHA/T/1 
Page 34 
Procedure in 
cases of 
option to 
apply to 
Court or 
Registrar. 
Mode of 
taking 
evidence in 
proceedings 
before 
Registrar. SO. Where under this Act an applicant has an option to make 
an application either to the Court or to the Registrar-
( a) if an action concerning the trade mark in question is 
pending, the application must be made to the Court; 
(b) if in any other case the application is made to the 
Registrar he may, at any stage of the proceedings, 
refer the application to the Court, or he may, after 
hearing the parties, determine the question between 
them, subject to appeal to the Court. 
51.. (1) In any proceeding under this Act before the Registrar, 
the evidence shall, subject to subsection (2) of this section, be given 
by statutory declaration. . 
(2) The Registrar may take evidence on oath in lieu of or in 
addition to a statutory declaration. 
(3) Any statutory declaration· taken under' this section may, 
in the case of appeal, be used before the Court in lieu of evidence 
by affidavit, but if so used shall have all the incidents and conse .. 
quences of evidence by affidavit. 
( 4) The Registrar shall have the' same powers for requiring 
the attendance of witnesses and. the production of documents and 
for taking evidence on oath as the Court. 
(5) A witness before the Registrar is· e_ntitled to the same 
immunities and privileges and may, without prejudice to the general 
effect of the fore going words of this subsection, .be awarded by the 
Registrar and paid the same allowances in respect of his attendance 
as a witness, as if he were a witness before the Court. 
(6) A summons under this section for the attendance of a 
witness to give evidence or for the production ·or a document must 
be signed by the·Registrar. 
(7) If any person-· . 
-.(a) on being duly summoned as a witness before the 
Registrar makes default in a~tending or 
(b) being in attendance as a witness refuses to take an 
oath legally required by the Registrar to be taken, or 
to produce any document iri his power or control legally 
required by the Registrar to be produced by him, or 
to answer any· question to wlhch · the Registrar may 
legally require an answer, or 
(c) does any other thing which would, if the Registrar were 
a court be contempt of ¥ourt, 
the Registrar niay certify the offence of that person under his official 
seal to the Court and the Court may, after such inquiry as it thinks 
proper tn make, punish or take steps for the punishment of that 
person in like manner as if he ·had been guilty of contempt of the 
Court. · Fine for 
falsely repre~ 
senting a 
trade mark 
u registered. IP /N/1 /GHA/T/1 
Page 35 
52 .. (1) A copy of any entry in the register, purporting to be Evidence of 
certified by, and sealed with the official seal ·of, the Registrar shall ent!ies in 
be admissible in evidence in any court of law, and in all proceedings, register. 
without further proof or production of the original. 
(2) Any person requiring any such certified copy is entitled 
to obtain it on payment of the prescribed fee. · 
. 53 .. A certificate purporting to be under . the official seal of the Evidence of 
Registrar as to any entry, matter or thing that he is authorised by things ~one 
this Act or by regulations under section 65 of .this Act to make or do by Registrar. 
shall be primafacie evidence of the entry having been made, and of 
the contents thereof, and of the matter or thing having been done or 
riot done. · 
PART Ill-GENERAL AND MISCELLANEOUS 
, I, -
54. A person who makes or causes to !:>e . made a false entry Falsifi<;ati~n 
in the register, or a· writing falsely purportmg to be a copy of an of t:ntnes m 
entry in the register, or who produces or tenders or causes to be :reg1Ster. 
produced or tendered in evidence any s:uch writing, knowing the 
entry or writing to be false, is guilty of an offence under this section 
and is liable on summary conviction thereof to a fine not exceeding 
one hundred pounds or to imprisonment for any term not exceeding 
three months or both. 
S5. {1) Any person who makes a representation-
( a) with respect to a mark not being a registered trade 
mark, to the effect that it is a registered trade mark; or 
{b) with respect to a part of a registered trade mark not 
being a part separately registered as a trade mark, to 
the effect that it is so registered; or 
(c) to the effect that a registered trade mark is registered in 
respect of any goods in respect of which it is not 
registered; or 
(d) to the effect that the registration of a trade mark gives 
an exclusive right to the use thereof in any circum­
stances in which, having regard to limitations entered 
. on the register, the registration does not give that 
rigl1t; 
is guilty of an offence under this section and is liable on summary 
conviction thereof to a fine not exceeding £G20 and, in the case of a 
continuing offence,, a further fine not exceeding £G5 for every day 
on which the offence continues. 
(2) For the purposes of this section, the use in Ghana in 
relation to a trade mark of the word " registered ", or of any other 
word or of a symbol referring whether expressly or impliedly to 
registration, shall be deemed to import a reference to registration 
in the register, except-IP/N/1 /GHA/T/l 
Page 36 
(a) where that word or that symbol is used in physical 
association with words delineated in characters at least 
as large as those in which that word or that symbol is 
delineated and indicating that the reference is to regis-. 
tration as a trade mark under the law of a place outside 
Ghana, being a place under the law of which the 
registration ref erred to is in fact in force; 
(b) where that word (being a word other than the word 
" registered ") or that symbol is of itself such as to 
indicate that the reference is to suc;;h registration as 
is described in paragraph (a) of this subsection; or 
(c) where that word or that symbol is used in relation to a 
mark registered as a trade mark under the law of a 
place outside Ghana and in relation to goods to be 
exported to that place. 
56. (1) Without prejudice to the provisions of the Flags and Penalty for 
Arms Protection Act, 1959 (No. 61). no person shall without lawful unlawful 
authority, use in connection with any business, trade, 9alling or ~~~i~l 
profession any badge, seal, device, emblem or flag reserved by law badges, etc. 
for the use of the Republic, the President, a Minister, the Armed 
Forces, any Ministry or Department of State, any public officer 
or any member of the Armed Forces in such a manner as to lead 
to the belief that he is authorised to use that badge, seal, device, 
emblem or flag. 
(2) Subsection (1) applies also to the use of any badge, seal, 
device, emblem or flag so nearly resembling the badge, seal, device, 
emblem or· flag referred to in that subsection, as to be likely to 
deceive. 
(3) Any person who contravenes sub3ection (1) is guilty of an 
offence and is liable on summary conviction to a fine not exceeding 
£G20 .and, in the case of a continuing offence, to a further fine not 
exceeding £G5 for every day on which the offence continues or 
to imprisonment not exceeding three months in Heu of a fine. 
57. The use of a registered trade mark in relation to goods fharti; of . 
between which and the person using it any form of connection in t~!Te ~on. 
the course of trade subsists shall not be deemed to be likely to nection not 
cause deception or confusion on the ground only that the trade ;~ ~:u~:emed 
mark. has been, or is, used in relation to goods between which and deception. 
that person or a predecessor in title of his a different form of con-
nection in the course of trade subsisted or subsists. 
S8. (I) Where the relations between two or more persons in-Jointly 
terested in a trade mark are such that no one of them is entitled f~:~ark!. 
as between himself and the other or others of them to use it except-
(a) on. behalf of both or all of them, or Recognition 
of agents. 
Interna­
tional 
arz,ang~ ments, etc. IP/N/l/GHA/T/1 
Page 37 
(b) in relation to an article with which both or all of them 
are connected in the course of trade, 
those persons may be registered as JoJnt proprietors of t~e trade 
mark and this· Act shall have effect m relatmn to any nghts to 
the u;e of the trade mark vested in those persons-as if those rig~ts 
had been. vested in a single person;. 
Provided · that the rights of any pers·on who is so. registered 
shall be deemed to be infringed by any other of the said persons 
who U$es the trade mark in physical or other relation t~ good~ in 
respect of which the trade mark is registered under this sectmn, 
but with which both or an of the said persons are not and have 
not been connected in the courst of trade. 
(2) Subject to subsection_ (1) of this section, nothing in this 
Act shall authorise the registration of two or more persons who 
use a trade mark independently, or propose so tp use it, as joint 
prorrietors thereof. . . . 
59~ (1) There· shall not be entered in the register any notice of 
. any trust express, implied or constructive, nor shall any such notice 
·be.receiva~le by the ~egistrar. · · 
(2) Subject to this Act, equities in respect of a trade mark 
may be. enforced i~ like manner as in respect of any other movable 
property. 
6,0. Where by this Act any act has to be done by or to any person 
in connection with a trade mark or proposed trade mark or any 
procedure relating thereto, .. the act may, subject. to any regulations 
made under section 65 of this Act, or in particular cases by special 
leave of the Minister, be done by or to an agent of that person duly 
authorised in the prescribed manner. 
61. (1) This section applies only to a country in relation to which 
an instrument under subsection (2) of this section applying this section 
thereto is for the time being in force. 
(2) Where-
(a) Ghana is a party to an international arrangement with 
any other country for the mutual protection of trade 
marks, or .. . 
(b) the President is satisfied that the law of any country 
outside Ghana makes adequate provision for the pro­
. tection of trade marks registered in Ghana, 
the President ·may, by legislative instrument; apply this section to 
that country. 
(3) Subject to the provisions of this section, where any person 
:has applied in an.y country to which this section applies, for the 
protection of a trade mark of which he is the proprietor, that person 
, or his legal representative or assignee is .entitled to registration under 
this. Act ofthattrade mark in priority to other applicants. lP/N/J/GHA/T/1 
Page 38 
, (4) Notwithstandi!}g anything in this Act the regi'.stration of a 
trade mark under this Act by virtue· of subsection (3) of this section, 
shall .have" the, same date as the date of application in the country 
referred to in that subsection. 
(5) Nothing in· this section shall be deemed to entitle the 
proprietor of a trade mark to recover damages for any infringement 
occurring prior to the date which, but for subsection (4) of this section 
would have been the date .of .registration of that ,,trade mark;. · 
· ( 6). The registration under this Act of a trade mark to which 
this section applies shall not be invalidated by reason only of the 
use of that trade mark in Ghana during the period prescribed by 
virtue of paragraph ,b) of subsection (7) of this section as that within 
which the application for registration may be made. 
(7) An application for registration under this Act of a trade 
mark to which this section applies must be made-
(a) in the manner specified in section 17 of this Act or, iri 
, the case of a certi:hcation trade mark, in the manner 
specified in the First Schedule to this Act; and 
(b) within such" penod as may be prescribed. 
(8) A person shall for the purpose of this S1;ction be deemed 
to have applied, in a country. to .. which this section applies, for 
protection of a trade mark' of which he is the proprietor if he has' 
made an application which- · 
(a) in accordance with the law of that country is equivalent 
to an application duly made in that country,. or 
(b) in accordance · with the terms of · any international 
arrangement subsisting between that countr;y and any 
other country to which this section applies is equivalent 
to an application duly made in the first-mentioned 
country. 
62.. Where an offence under section 54, 55 or 56, of this Act- Offences by 
(a) is ~ommitted by a bod~ corporate not being ~ pa!tner- ~~!~~f 
ship, or by a partnership or by a person purporting to 
act on behalf of the bodycorporate or the partnership, and 
(b) is proved to have been so comxnitted with the consent 
or approval of, or to have been facilitated by any 
default on the part of, any person being, in the case of 
the body corporate, a director thereof, or, in the case 
of the partnership, a partner thereof, , 
that person is also guilty of the offence. 
63.. AU things required or authorised under this Act to be done Exercise of 
by, to or before the Minister other than the making of regulations :.w~rs of 
antler seqtion 65 of this Act, may be done by, to or before the Head imster. 
of his Ministry or by some other public officer authorised in writing 
in that behalf by the Minister. TP/N/1 /GHA/T/ 1 
Page 39 
· 64. If any person is, by reason of infancy, lunacy, or other' InfanJ,&. 
inability, incapable of making any affidavit or doing · anything· lunatics. etc. 
required or permitted by this Act or by any regulations made under 
section 65 of this Act, then the guardian of that person, or if there be 
none, any person appointed by any Court possessing jurisdiction 
in respect of the property of incapable,persons, upon the petitiorf 
of any person on behalf of the person so incapable, or any other 
person interested in the making of that affidavit or doing that thing, 
may make that affidavit, or an affidavit as nearly corresponding 
thereto as circumstances may permit, and do 'that thing in the name 
and on behalf of the person so incapable, and all acts done by 
a person substituted under this section shall, for the purposes of 
this Act, be as effectual as if done by the person for whom he is 
substituted. 
Regulations. 65. (1) The Minister may, and shall in a case where a duty is 
imposed by this Act in relation th;:reto, by legisfative instrument, 
make regulations for carrying into effect the provisions of this Act. 
(2) Without prejudiee to subsecdon (1) of this section, an 
instrument may and shall, as the case may be, be made under that 
subsection-
(a) for regulating the practice under this Act, including 
the service of documents; 
(b) for classifying goods for the purposes of registration 
of trade marks; 
(c) for making o.r requiring duplicates of trade marks 
and other documents; 
(d) for securing and regulating the publishing and selling 
or distributing, in such manner as the Minister thinks 
fit, of copies of trade marks 'and other documents; · 
(e) for prescribing the fees to be paid in respect of applica .. 
tions and registrations and other matters under this 
Act and the mode of payment of those fees; 
(f) for prescribing such forms as may be. necessary 
any of the purposes of this. Act; . · 
(g) generally, for regulating the business of the Registrar's 
office in relation to trade marks and all things placed 
by this Act under the direction o:r control of the Regis .. 
trar; and 
(h) for providing for any matter which under this Act is 
required or authorised to be provided for by regula .. 
tions or to be pres.eribed by regulations. 
(3) Subject to subsections ( 4) and (5) or this section, regufationi 
may be made under subsection (l) for empowering the Registrar to 
amend the register, wbether by making or expunging or varying 
entries therein, so far as may be requisite for the'purpose of.adapting 
the designation therein of the goods or classes of goods in respect of 
which trade marks are registered to any amend-ed or substituted 
classificatiQn that ma;y be ptescdbed'l · IP/Nil /GHAIT/1 
Page 40 
(4) The Registrar shall not in exercise of any power conferred 
on him by virtue of subsection (3) of this section, make any amend~ 
ment of the :register that would have the effect of adding any goods 
or classes of goods to those in respect of which· a trade mark is 
registered (whether in one or more classes) immediately before the 
amendment is made, or of antedating the registration of a trade 
mark in respect of any goods: 
Provided that this, subsection shall not have effect in relation 
to goods as to which the Registrar is satisfied that compliance with 
this subsection in relation thereto would involve undue complexity 
and that the addition or a,ntedating, as the case 1nay be, would not 
affect any substantial quantity of goods and would not substantially 
prejudice the rights of any person. 
(5) A proposal for the amendment o.f the register under any 
such power shall be notified to the registered proprietor of the trade 
mark affected, shall be aidvertised with any modifications, and may 
be opposed before the Registrar by any person aggrieved on the 
ground that the proposed amendment contravenes subsection ( 4) 
of this section. 
(6) Every instrument made under s11bsection (l) of this section 
shall be subject to annulment by the National Assembly. 
66 .. (1) In this Act, unless the context otherwise requires-
• , assignment " means assignment by act of the parties 
concerned; 
u·court ,, means the High Court;· 
u limitations " means any limitations of the exclusive right to 
the use of a trade mark given by the registration of a 
person as proprietor thereof, including limitations of 
that right as to mode of use, as to use in relation to goods 
to be.sold (or otherwise traded in) in any place within 
Ghana or as to use in relation to goods to be exported to 
any market outside Ghana; 
•4 mark ,, includes a device, brand, heading, label, ticket, 
name~ signature, word, letter, numeral, or any combina­
tion thereof; 
,,. the Minister ,;. means the Minister to whom the: functions 
of the Minister under this Act have for the time being 
been assigned by the President. 
,s permitted use .,. has the meaning assigned to it by subsection 
· (2) of section 28 of this Act; 
n prescribed " means, in relation to proceedings before the 
Court, prescribed by rules of cour~ and, in other cases, 
prescribed . this Act or by regulations made under 
section 6S. o this Act; · 
''. -register " means-th~ register of trade marks kept under 
this _Act; 
" registered trade mark " means a trade mark that is actually 
on the register'; · · · Interpr~ 
tation . T:ransitional 
p:rovisions. 
Repeal and 
savings. IP/N/l/GHA/T/1 
Page 4! 
" registered user H means a persori who is for the time being 
registered as such under section 28 of this Act; 
" Registrar " means the registrar of trade marks as defined 
in section 1 of this Act; 
" trade mark " me~ns, except in relation to a certification 
trade mark; a mark used or proposed to be used in 
relation to goods for the purpose of indicating, or so as 
to indicate, a connection in the course of trade between 
the goods and .some person having the right either as 
proprietor or as registered user to use the mark, whether 
with or without any indication of the identity of that 
person, and means, in relation to a certification trade 
mark,, a mark .registered .. or. deemed to have been 
registered under section 36 of this Act; 
,~ transmissioh n means transmission by operation -of law, 
devolution on the personal representative of a deceased 
person, and any other mode of transfer not being assign-
ment. -
(2) In this Act references to the use of a mark shall be oon .. 
strued as references to the use of a printed or other visual representa .. 
tion of the mark, and references to the use of a mark in relation to 
go~ds shall be construed as references to the use thereof upon, or in 
physical or other relation to, goods. -
{3) In any other enactment references to a -trade mark shall be 
,construed as references to a trade mark under this Act. 
67 .. · The transitionaf provisions Set· out in the· Second: Schedule to 
this Act shall have effect with respect to the matters th~rein men-
. tioned respeqtivel:y:. -
68. (1) The Trade Marks Ordinance (Cap. 180) and the Trade 
·Marks (Amendment) _Ordinance (Cap~. 181) are hereby repealed. 
(2) Without prejudice _to the general effect of_ the Interpreta­
. tion Act, 1960 (C.A. 4),. with respect to repe~ls, not~ng in'this ~et 
shall affect any requirement_ made, pertificate: rnsued, notice; 
decision, .. de.termination_, . direction . or approval -given, application 
made or thing done, Under any .enactment repealed by this section; 
. and evecy such_ requirement,· certificate, notice~-decision, determina­
tion~ direction, ' approval; applicatiq~: ~r .. ~11,g;. ~~~~-11~ if in force 
immediately before the commencement of this-Act, continue in 
force and shall, so far as it could have been made, issued, given or 
done under this Act, h~ve effect as if made, issued, given or done 
under the corresponding provision of this Act. -
(3) AU statutory instruments made under section 60 of the 
Trade Marks Ordinance (Cap. 180) and also, the provisions con~ 
.tained in the Schedule to that Ordinance, so far as any such statutory 
instruments or provisions remain in force immediately before the 
commencement of this Act, shall continue in force as if they were 
regulations made under section 65 of this Act: · · IP/N/1 /GBA/T/1 
Page 42 
(4)Every Order made under section 68 of the Trade Marks 
Ordinance (Cap. 180) and in force immediately before the com­
mencement of this Act shall continue in force as if it were a legisla­
tive instrument made under section 61 of this Act. 
(5) Unless the President, by legislative instrument otherwise 
directs, section 61 of this Act shall apply to any country to which 
section 62 or 67 of the Trade Marks Ordinance (Cap. 180) or 
section 4 of the Trade Marks (Amendment) Ordinance (Cap. 181) 
applied immediately before the commencement of this Act. 
(6) Any document referring to any enactment repealed by 
this section shall be construed as referring to the corresponding 
provision of this Act. 
. 69.. This Act shall come into force on such date as the President Commence,. 
may by legislative :instrument appoint. · ment. 
FIRST SCHEDULE 
CERTIFICATION TRAD.E MARKS 
l. (1) An application for the registration of a mark under 
section 36 of this Act must b~ maµe to the Registrar in writing 
in the prescribed manner by the person proposed to be registered 
as the proprietor thereof. 
(2) The provisions of subsection (2) and of subsections (4) to 
(8) of section 17 of this Act shall· have · ejf ect · in relation to an 
application under the said section · 36 as they. have effect in relation 
to an application under subsection (1} of the said section 17, except 
·that for· references therein to acceptance .of. an application. ~here 
,shall be substituted refere1;1ces to authorisation .to pro~ed with the 
application. 
. . (3) In dealing ~nder.the said.provisions 'Mth an application 
under the said . section 36, the ~ourt or the Reg1s~rar {as the .cas~ 
:may be) shall have regarQ. to ·the like. con~iderations so far as relevant. 
as if the application were an application under the said section 17 
of this Act and to any other considerations (not being matters 
within the competence of the Minister under sub-paragraph (5) 
of this paragraph) relevant to applications under the said section 36, 
including the desirability of securing that a certification trade mark 
shall comprise .some indication that it is such .a trade mark. 
(4') An applicant for the registration of a mark under the 
said section 36 must transmit to· the Registrar draft rules for 
governing the use thereof at such time before the decision of the 
Registrar on the application as he may require in order to enable 
him to consider the draft, and the Registrar shall report thereon 
to the Minister .. 
(5) When authorisation to proceed with an application has 
been given, the Minister shall consider the application with regard 
to the. following matters, that is to say:-IP/N/l/GHA/T/1 
Page 43 
(a) whether the applicant is competent to certify the goods 
in respect of which the mark is to be registered; 
(b) whether the draft rules are satisfactory; and 
(c) whether in all the circumstances the registration 
applied for would be to the public advantage; 
and may either-
(i) direct that the application shall not be accepted; or 
· (ii) direct the Registrar to accept the application, and 
approve the rules, either without modification and 
unconditionally or subject to any conditions or 
limitations, or to any amendments or modifications 
of the application or of the rules, which he thinks 
requisite having regard to any of the said matters; 
but, except in the case of a direction for acceptance and approval 
without modification and unconditionally, the Minister shall not 
decide the matter without giving to the applicant an opportunity 
of being heard: 
Provided that the Minister may, at the request of the applicant 
made with the concurrence of the Registrar, consider the application 
with regard to any of the said matters before authorisation to 
proceed with the application has been given, so however that the 
Minister shall be at liberty to reconsider any matter on which 
he has given a. decision under this proviso if any amendment or 
modification is thereafter made in the application or in the draft 
rules. 
2. (1) Wh~n an application has been accepted, the Registrar 
shall, as soon as may be after the acceptance, cause the application 
as accepted to be advertised in the pfescri&ed manner, and the 
p:rovisions of subsections (2) to (13) of section 18 ,of this Act shall 
have effect in relation to the registration of the mark as if the 
application had been. an application under section 17 of this Act: 
Provided that, in deciding under the said provisions, the Court 
or the Registrar (as the case may be) shall have regard only to 
the considerations referred to in sub":paragraph (3) of paragrahp 1 
of this Schedule, and a decision under the said pr:ovisions in favour 
of the applicant shall be conditional on the determination in his 
favour by the Minister under sub-paragraph (2) of this paragraph 
of any opposition relating to any of the matters referred to in 
sub·paragrap"h (5) of the said paragraph 1. . 
(2) When notice of opposition is given relating to any of the 
matters referred to in sub-paragraph (5) of paragraph 1 of this 
Schedule, the Minister shall, after hearing the parties, if so required, 
and considering any evidence, decide whether, and subject to what 
conditions or limitations, or an1endments or modifications of the 
application or of the rules, if any,. registration is, having regard 
to those matters, to be permitted. JP/N/l /GHA/T/1 
Page 44 
3. (1) The rules deposited in respect of a certification trade 
mark may, on the application of the registered. proprietor, be altered 
by the Registrar with the consent of the Minister. 
(2) The Minister may cause an. appiicatfom for his consent to 
be advertised in any case where it appears to him that it is expedient 
so to do, and, where the Minister causes an application to be 
advertised, if within the prescribed time from the date of the advertise­
ment any person gives notice to him of opposition to the application11• 
he shall not decide the matter without giving the parties an oppor­
tunity of being heard. 
4. (1) The Minister may, on the application in the prescribed 
manner of any person aggrieved or on the application of the Registrar 
make such order as he thinks fit for expunging or varying any entry 
in the register relating to a certification trade mark, or for varying 
the deposited rules~ on the ground-
(a) that the proprietor is no longer competent, in the case 
of any of the goods in respect of which the trade mark 
is registered, to certify those goods; 
(b) that the proprietor has failed to observe a provision of 
the deposited rules to be observed on his part; 
(c) that it is no longer to the public advantage that the, 
trade mark should be registered; or 
(d) that it is requisite for the public advantage that, if the 
trade mark remains registered, the rules should be varied; 
and neither the Court no1r the Registrar shall have any jurisdiction 
to make an order under .section 32 of this Act on at1y of those grounds. 
(2) The· Registrar shall rectify the register and the deposited 
rules in such manner as may be requisite for giving effect to an order 
made under sub-paragraph (I) of this paragraph~ 
5. Notwithstanding anything in. section 42 of this Act; the 
Registrar shall not have any jurisdiction to award costs to or against 
any party on an appeal to him against a refusal of the proprietor of 
a certification trade mark to certify · goods or to authorise the use 
of the trade mark. 
· 6. The following provisions of this Act shall not have effect in 
relation to a certification trade mark, that is to say, section 4, section,6, 
section 9, sections 17 and 18 (except as expressly applied by this 
Schedule), ~ubsections (4) to (9) of section 22, sections 26 to 29, 
section 57; · and any provisions the operation of which is limited by 
the terms thereof to registration in Part B · of the register. SECOND SCHEDULE. 
TRANSITIONAL PROVISIONS 
Validity of registrations under previous Acts fP/N/1 /GHA/T/l 
Page 45 
1. (1) Subject to the provisions of this paragraph and section 13 
of this Act, the validity ·of the original entry of a trade mark on the 
register of trade marks existing at the commencement of the Trade 
Marks Ordinance (Cap. 180) shall be determined in· accordance 
with the Ordinance in force at the date of that entry; and any such 
trade mark shall retain its original date, but for all other purposes 
it shall be deemed to~ have been registered under the said Trade 
Marks Ordinance. 
. . (2) No trade mark which was on the register at the commence-
ment of the Trade Marks Ordinance (Cap. 180), and which under 
that Ordinance was then a registrable trade mark, shall be removed 
fron1 the .. register on the ground that it was not registrable under the 
Ordinance in force on the date of its registration. 
(3) No trade mark which was on the register at the com­
mencement of this Act, and which, having regard to any amendment 
by this Act of the law relating to registration· of trade marks, whether 
as respects limitations that may be imposed on registration or as 
respects any other matter, is a registrable trade mark under this 
Act, shall be removed from the register on the ground that it was not 
registrable under the Ordinance .in force at the date of its registra­
tion. 
(4) Nothing in this Act shall be taken to invalidate the 
original registration of a trade mark. that immediately before the 
commencement o( this Act was validly. on the register. 
(5) Nothing in this Act shall subject any person to any 
liability in respect of any act or thing done before the commence­
ment of this Act to which he would not have been subject under the 
Ordinance then in force. 
Association of trade marks assignable or transmissible as a whole 
2. Where immediately before the commencement of this Act a 
trade mark was registered in Part B of the register subject to a 
condition rendering it assignable or transmissible only as a whole 
wi~ anothe~ trade mark registered in the name of the same pro­
pnetor or with two or more other trade marks so registered, and 
not separately, the trade marks shall be deemed to be associated 
trade marks, and the entries in the register relating thereto may be 
amended accordingly. IP/N/1/GHA/T/1 
Page 46 
Trade marks registered under section 61 of the Trade Marks Ordinance 
(Cap. 180) to be deemed to have been registered under 
section 36 of this Act 
3. Section 36 of this Act shall have effect, in relation to a trade 
mark that immediately before the commencement of this Act was 
on the register by virtue of section 61 of the Trade Marks Ordinance 
(Cap. 180) as if the said section 36 had been in force at the date of 
the registration of the trade mark and it had been registered under 
that section, subject however to the fallowing modifications, that 
is to say:-
(a) the proviso to subsection (1) of the said section 36 shall 
not apply; 
(b) in a case in which rules for governing the use of 
the trade mark are deposited at the office of the Regis­
trar at the commencement of this Act, those rules 
shall be deemed to have been deposited under the said 
section 36; 
(c) in a case in which no such rules are deposited at the 
commencement of this Act, the proprietor shall be at 
liberty, or may be required by the Minister as a con­
dition of the continuance of the registration, to deposit 
at any time thereafter such rules as the Minister may 
permit or require; and 
(d) in a case in which no such rules are for the time ·being 
deposited, the said-section 36 shall have effect as if 
references therein, and in. the First Schedule · to this 
Act, to the rules had been omitted.