Merchandise Marks Act, 1964 (Act 253)
Section 3(1):
A person shall be deemed to apply a trade mark or mark or trade description to goods who -
(a) applies it to goods themselves; or
(b) applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purposes of sale, trade, or manufacture; or
(c) places, encloses, or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade, or manufacture, in, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or
(d) uses a trade mark or mark or trade description in any manner likey to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description.
(2) A trade mark or mark or trade description shall be deemed to be applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to the goods or to any covering, label, reel or other thing.
(3) Goods delivered in pursuance of a request made by reference to a trademark or trade description appearing in any sign, advertisement, invoice, list, busines letter, business paper or other commercial communication, shall, for the purposes ci paragraph (d) of subsection (1), be deemed to be goods in connection with which the trade mark or trade description is used.
(4) The particulars on the customs entry relating to any imported goods she for the purposes of this Act, be deemed to be a trade description applied to the goods.
(5) A person shall be deemed to apply falsely to goods a trade mark or mark, if without the assent of the proprietor of a trade mark he applies the trade mark or a mark so nearly resembling it as to be likely to deceive; so however that in any prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the proprietor shall be on the defendant.
(6) In this section -
"covering" includes any stopper, cork, bottle, vessel, box, cover, capsule, case, frame or wrapper; and
"label" includes any band or ticket.
Procedure to Follow
Not Avaiable
Responsible Institution
- Email: info@mojagd.gov.gh
- Website: http://www.mojagd.gov.gh
- GPS: 0
- Telephone: +233-030 266 5051
Relevant Forms to Download
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Online System
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Fees/ charges
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