Here, we explain what a trademark opposition is and outline the processes, timelines and requirements for Ghana.

What is a Trademark Opposition?

When the Ghana Industrial Property Office (GHIPO) deems a trademark as registrable after examining a person’s application , it will approve the trademark and give notice to the general public of its approval of the trademark by publishing same in the trademark journal.

The publication of a trademark in the journal gives official notice to the public (other trademark owners) of GHIPO’s acceptance of a trademark application and it affords them the opportunity, to oppose the registration of said trademark on the basis the proposed trademark is confusingly similar to their (the Opposer’s ) trademark among other reasons.

Opposition procedure in Ghana

1.    Approval & Publishing

After the trademark is approved and published by the GHIPO in the trademark journal, one has 2 months from publishing of the mark to oppose it by filing a Notice of opposition.

2.    Notice of Opposition

The Notice of Opposition must state the grounds upon which the registration is being opposed. The GHIPO may at its own discretion, allow a Notice of Opposition to be filed shortly after the expiry of the 2 month period.

3.    Counterstatement

Once the notice has been served on the applicant of the mark , they then have 2 months to file a counter-statement. The applicant may also apply inn writing for an extension of time to file the counter-statement. if such an extension of time is granted by the GHIPO, notice of the extension will be served on the Opposer.

4.    Evidence by way of Statutory Declaration

Within 1 month of the Opponent’s receipt of counter-statement either party may file evidence supporting their claim via a statutory declaration.

5.    Hearing

Thereafter ,the registrar will give notice of a hearing to consider both arguments & consider evidence filed, the hearing is typically 14 days after notice of same is given. Typically both parties are given 20 minutes to orally present their cases to the registrar. The registrar will then give the parties a date by which they should have submitted their written arguments (or written version of their address.)

6.    Decision

The registrar then makes a decision after the hearing. Either party may apply within 2 months of the decision for the written grounds for the decision.