(4) The provisions of sections 5 to 16 and 1 B to 22 shall apply in relation to an international registration as if
the international registration were an application for registration of a trade mark under section 4.
.
(5) VI/hen the protection of an international registration has not been opposed and the time for notice of
opposition. has expired, the Registrar shall within a period of eighteen months. of the receipt of advice under
sub-section (1) notify the International Bureau of Its acceptance of extension of protection of the trade mark
under the international registration and, in case the Registrar fails to notify the International Bureau, it shall be
deemed that the protection has been extended to the trade mark.
(6) VI/here a registered proprietor of a trade mark makes an international registration of that trade mark that
designates Ghana, the international registration from the date of the registration shall be deemed to replace the
registration held in Ghana without prejudice to any right acquired under the previously held registration and the
Registrar shall, upon request by the applicant, make necessary entry in the Register referred to in sub-section
(1).
(7) A holder of international registration of a trade mark who designates Ghana and who has not been
extended protection in Ghana shall have the same remedy which is available to any person making an
application for the registration of a trade mark under section 4 and which has not resulted in registration under
section 7.
(B) VI/here 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 no the related basic application or, as the case may be,
the basic registration in a Contracting Party other than Ghana has been withdrawn or cancelled or has expired or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 from the international registration in Ghana shall cease to have effect.
IF. (1) From the date of the international registration of a trade mark where Ghana has been designated or the
date of the recording in the register of the International Bureau about the extension of the protection resulting
from an international registration of a trade mark to Ghana, the protection of the trade mark in Ghana shall be the
same as if the trade mark had been registered in Ghana.
(2) The indication of classes of goods and services given by the applicant shall not bind the Registrar with
regard to the determination of the scope of the protection of the trade mark,
IG. (1) The international registration of a trade mark at the International Bureau shall be for a period often
years and may be renewed for a period of ten years from the expiry of the preceding period.
(2) Subject to payment of a surcharge prescribed by the rules, a grace period of six months shall be allowed
for renewal of the international registration.
IH. The Trademark Registry shall process an international application in accordance with,
(a) the Protocol and regulation made under the Madrid agreement concerning the international agreement
of marks and the Protocol relating to the agreement; and
{b) the administrative instructive instructions made under the regulations referred to under {a).
Date of Gazette notification: 25th July, 2014.
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