Geographical Indications Act, 2003 (Act 659)
Section 20: (1) Nothing in this Act prevents continued and similar use in this country of a particular geographical indication of another country identifying wines or spirits in connection with goods or services by a national or domiciliary of this country who used that geographical indication in a continuous manner with regard to the same or related goods or services in any part of this country either
(a) for at least ten years preceding April 15, 1994; or
(b) in good faith preceding that date.
(2) Where a trade mark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith either
(a) before the date of entry into force of this Act; or
(b) before the geographical indication is protected in its country of origin,
this Act shall not prejudice the registrability of or the validity of the registration of the trademark or the right to use the trademark on the basis that the trademark is identical with, or similar to, a geographical indication.
(3) Nothing in this Act shall apply in respect of a geographical indication of any country with respect to goods or services for which the relevant indication is identical with the terms customary in common language as the common name for the goods or services in the country or in respect of a geographical indication of any other country with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in the country as of January 1, 1995.
(4) A request for relief made under this Act in connection with the use or registration of a trademark shall
(a) be presented within five years after the adverse use of the protected indication has become generally known in the country, or
(b) after the date of registration of the trademark in the country provided
(i) the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in the country, and
(ii) the geographical indication is not used or registered in bad faith.
(5) This Act does not prejudice the right of any person to use in the course of trade, that person's name or the name of that person's predecessor in business, except where the name is used in such a manner as to mislead the public.
Procedure to Follow
Not Avaiable
Responsible Institution
Ministries-Accra
- Email: info@lc.gov.gh
- Website: https://www.lc.gov.gh
- GPS: GA-110-0371
- Telephone: +233 302 429760
Relevant Forms to Download
Not Available
Online System
Fees/ charges
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