IPfN/l/GHA/T/l
Page 31
37. {1) A Minister may, subject to this Act, procure 'the registra... Registration
tion of a trade mark or of a certification trade mark and a Minister ~~~~::s~y
by whom such registration is procured shall be, and shall be registered
as, the proprietor thereof for all purposes under 'this Act.
(2) A Minister may procure the registration in any register
maintained in any place outside Ghana of a trade mark (whether
registered or not registered under subsection (1) of this 'section) if
and so far as and subject to such conditions as that registration is
permitted by the law regulating that register and in any such case
may procure himself to be entered in that-register as the. proprietor
of the trade mark,
38. A Minister may take in any place outside Ghana such lawful
acti or prosecution
. at 1aw or at
. h erwise,
·
steps, Wh. eth er b y way 0 f action
as he may think proper to prevent, restrain, or to secure punishment
for the registration, use, or application in relation to or in respect of
goods not grown, produced, or manufactured in Ghana of any
trade mark or other mark or description indicating or suggesting or
likely to lead to the belief that the goods in respect of which or to
which that trade mark, mark, or description is used or applied were
grown, produced or manufactured in Ghana..
PART II-PROVISIONS RELATING TO POWERS AND DUTIES OF
REGISTRAR AND TO LEGAL PROCEEDINGS
Preliminary
advice by
Registrar
as to
distinctivenCSSe
39. (1) The power to give to a person who proposes to 'apply for
the registration of a trade mark in Part A or Part B of the register
advice as to whether the trade mark appears to the Registrar prima
facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall be a function of the Registrar
under this Act..
(2) Any such person who is desirous of obtaining such advice
must make application to the Registrar therefor in the prescribed
manner.
(3) If on an application for the registration of a trade mark as
to which the Registrar has given advice under this section in the
affirmative, made 'within three months after the advice is given, the
Registrar, after further investigation or consideration, gives notice
to the applicant of objection on the ground that the trade mark is
not adapted to distinguish, or capable of distinguishing, as the case
may be, the applicant is entitled, on giving notice of withdrawal of
the application within the prescribed period, to have repaid to him
any fee paid on the filing of the application,
Misuse of
trade rna rks
indicative ol
G~~naian
origm..