Enforcing Unregistered Trademarks and Related Trade Dress in Ghana: The ACHOURA Story by Sarah Norkor Anku
- Hetanshi Gohil
- Sep 9
- 2 min read
In the Women’s IP World Annual 2025, Sarah Norkor Anku, Managing Attorney at SN Anku IP Law Firm, Ghana, shares the real-world complexities of protecting intellectual property when trademarks are not yet registered. Using the ACHOURA case as a key example, she highlights the challenges, strategies, and creative legal approaches that trademark owners must consider when navigating Ghana’s legal framework.
The ACHOURA Story
The client, Houma AG Handaka, a Malian trader, owned the mark “ACHOURA” and its associated trade dress for “ataya” teas. Although registered with OAPI and protected across 17 member states, enforcement in Ghana presented unique hurdles. With competitors exploiting the ACHOURA mark and packaging, Houma turned to SN Anku IP Law Firm for protection.
Securing Protection Across Borders
Sarah explains how her firm strategically leveraged multiple systems, national offices, ARIPO, the Madrid Protocol, and copyright law to expand ACHOURA’s protections. In Ghana, the trade dress was registered as an artwork, underscoring the importance of creativity in multi-layered protection. Enforcement in Ghana: The Legal Path
Ghana is TRIPS-compliant and provides for enforcement through civil, criminal, administrative, and border measures. Yet, unregistered marks face uphill battles. Sarah recounts:
Civil Case (Houma AG Handaka v. The Registrar of Trademarks & Cheng Hang): Settlement resulted in cancellation of a competitor’s bad-faith registration, clearing the way for Houma to secure his trademark.
Copyright and Trade Dress Case (Houma AG Handaka v. Alhaji Ballo): Enforcement through copyright infringement and unfair competition succeeded where traditional trademark law might have faltered.
She highlights how the copyright certificate provided a presumption of ownership, shifting the burden of proof to the infringer.
Practical Lessons in Enforcement
Sarah stresses that enforcement of unregistered marks can be convoluted and time-consuming, often requiring provisional measures such as Anton Piller orders to inspect and detain infringing goods. Success lies in strategic, multi-pronged approaches crafted by experienced trademark and copyright attorneys.
Conclusion
The ACHOURA case demonstrates that while registered rights remain the strongest defence, unregistered marks and trade dress can still be enforced with the right mix of legal creativity, persistence, and strategic litigation. Sarah Norkor Anku’s perspective provides vital lessons for IP owners navigating emerging markets with complex enforcement realities.
Read the full article in Women’s IP World Annual 2025, essential reading for IP professionals, business owners, and policymakers seeking practical insights on enforcing unregistered trademarks and trade dress in challenging markets.
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