lB. In this Part, unless the context otherwise requires
"application in relation to a Contracting State or a Contracting Organisation" means an application made by a
person who is a citizen of or is domiciled In, or has a real and effective industrial or commercial establishment in,
that Contracting State or a State which is a member of that Contracting Organisation and for the purposes of this
clause, 'real and effective industrial or commercial establishment' means any establishment where some bona
fide Industrial or commercial activity takes place and need not necessarily be the principal place of business;
"basic application" means an application for the registration of a trade mark filed under section 4 and which is
used as a basis for applying for an international registration;
"basic registration" means the registration of a trade mark under section 7 and which is used as a basis for
applying (or an international registration;
"Common Regulations" means the Regulations concerning the implementation of the Madrid Protocol;
"Contracting Organisation" means a Contracting Party that is an International organisation;
"Contracting Party" means a Contracting State or Contracting Organisation party to the Madrid Protocol;
"Contracting State" means a country party to the Madrid Protocol;
"international application" means an application for international registration or for extension of the protection
resulting from an international registration to any Contracting Party;
"International Bureau" means the International Bureau of the World Intellectual Property Organisation;
"international registration" means the registration of a trade mark in the register of the International Bureau
effected under the Madrid Protocol;
"Madrid Agreemenf' means the Madrid Agreement Concerning the International Registration of Marks adopted
at Madrid on the 14th day of April 1981, as subsequently
revised and amended; and
"Madrid Protocol' means the Protocol relating to the Madrid Agreement Concerning the International Registration
of Marks adopted at Madrid on the 27th day of June, 1989 as
amended from time to time.
K'. An International application shall be dealt with by the Trade Marks Registry.
10. (1) Where an application for the registration of a trade mark has been made tinder section 4 or a trade mark
has been registered under section 7, the applicant or the registered owner may make an international application
on the form prescribed by the Common Regulations for international registration of that trade mark.
(2) A person holding an international registration may make an international application on the form prescribed
by the Common Regulations for extension of the protection resulting from the registration to any other
Contracting Party.
(3) An international application under sub-section (1) or sub- section (2) shall designate the Contracting Parties
where the protection resulting from the international registration is required.
(4) The Registrar shall certify in the prescribed manner that the particulars appearing in the international
application correspond to the particulars appearing, at the time of the certificates, in the application under section
4 or the registration under section 7 and shall indicate the date and number of that application or the date and
number of that registration as well as the date and number of the application from which that registration resulted
as the case may be, and shall within the prescribed period forward the international application to the
International Bureau for registration, also indicating the date of the international application .
(5) Where at any time before the expiry of a period of five years of an International registration, whether the
registration has been transferred to another person or not, the application under section 4 or the registration
under section 7, as the case may be, has been withdrawn or cancelled or has expired or has been finally refused
in respect of all or some of the goods or services listed in the international registration, the protection resulting
from such international registration shall cease to have effect.
(6) Where an appeal is made against the decision of registration and an action requesting for withdrawal of
application or an opposition to the application has been initiated before the expiry of the period of five years of an
international registration, any fmal decision resulting into withdrawal, cancellation, expiration or refusal shall be
deemed to have taken place before the expiry of five years of the international registration.
(7) The Registrar shall during the period of five years beginning with the date of international registration,
transmit to the International Bureau every information referred to in sub-section (5).
(8) The Registrar shall notify the International Bureau the cancellation to be effected to an international
registration keeping in view the current status of the basic application or the basic registration, as the case
maybe.
IE. (1) The Registrar shall, after receipt of an advice from the International Bureau about any international
registration where Ghana has been designated, keep a record of the particulars of that international registration
in the prescribed manner.
(2) l/lhlere, after recording the particulars of any international registration referred to in sub-section (1), the
Registrar is satisfied that in the circumstances of the case the protection of trade mark in Ghana shall not be
granted or such protection should be granted subject to conditions or limitation or to conditions addition,al to or
different from the conditions or limitations subject to which the international registration has been accepted, the
Registrar may, after hearing the applicant, refuse grant of protection and inform the International Bureau in the
prescribed manner within eighteen months from the date on which the advice referred to in sub-section (1) was
received.
(3) Where the Registrar finds nothing in the particulars of an international registration to refuse grant of
protection under sub-section (2), the Registrar shall within the prescribed period cause the international
registration to be advertised in the prescribed manner.