TKay Legal Blog

  Your brand is the identity of your business but in a world where copying is easy and common, how do you protect what’s yours? In Ghana, the answer lies in trademark registration. Under the  Trade Marks Act, 2004 (Act 664) , registering a trademark gives you the legal power to claim ownership of your brand and stop others from using it without your permission. What Is a Trademark? A trademark is any sign that can distinguish your goods or services from those of others. According to  Section 1 of Act 664 , this includes: • Words • Names • Logos • Slogans • Symbols • Colours • Sounds • Or a combination of these If customers can look at your brand and tell it apart from others, that sign can be trademarked as long as it’s  distinctive  and  not just a generic description  of your product. Up Next: In the next episode of  The Law Behind the Hustle , we’ll break down: Why Register a Trademark? (And why it’s not the same...

    I was in a conversation with some professionals the other day and someone said something I’ve heard way too often. He said banks in Ghana are quick to give loans to Lebanese-owned businesses but will frustrate Ghanaian entrepreneurs with endless requirements. According to him, the system favours foreigners. In that moment, a banker in the room responded with something that carried a lot of weight. She explained that what many people see as discrimination is often the result of how business owners handle their own records. She said, “It’s not about nationality, it’s about numbers. The Lebanese don’t joke with their turnovers. They show strong records, proper documentation and clean cash flow. So the bank can totally trust they’ll pay. But most Ghanaian businesses don’t keep proper records and they understate their earnings to avoid taxes so there’s no proof to lend on.” That conversation brought the real issue to the surface. It’s not always about where you come from, it’s ...

  The conversation around business registration in Ghana is often misunderstood, especially among MSMEs. Many business owners assume that unless their business is incorporated as a company or generating significant income, registration is optional.This is not the case when it comes to the use of business names. The Registration of Business Names Act, 1962 (Act 151) imposes a legal obligation that all business owners need to understand.   The Registration of Business Names Act, 1962 (Act 151) provides that any person operating under a name that is not simply their legal name must register that name in accordance with the Act. This requirement applies to individuals, firms or partners who carry on business under a name that does not consist solely of their true surname, with or without their first names or initials. For example, where a business name includes extra words or branding elements that go beyond the person’s own legal name, that name must be registered. In plain ter...

Building a business is one of the most empowering journeys a person can take. It demands vision, sacrifice, resilience and an extraordinary belief in possibilities that others often cannot see. Yet, many entrepreneurs invest all their energy into the dream, without putting structures in place to protect the very thing they are building. The legal foundation of a business is not an afterthought, it is a necessary part of securing the future of the work you are doing.   Every time a product is sold, a service is delivered or a commitment is made between two people, the law is already present. Whether or not there is a written agreement, legal obligations begin to form. Operating a business without understanding these basic realities leaves even the most promising ventures vulnerable to risks that could have been avoided with simple, preventive measures.   Legal protection does not have to be complicated. It starts with basic steps like ensuring agreements are documented, making...

   Sexual harassment in the workplace remains one of the most uncomfortable yet necessary conversations for employers, employees and MSME owners alike. Although often trivialized, misunderstood or dismissed entirely, sexual harassment is not only a moral issue, it is a legal one. The Labour Act, 2003 (Act 651) of Ghana explicitly prohibits any form of sexual harassment at the workplace and it places responsibility on both employers and employees to create a working environment that is respectful, safe and free from all forms of harassment. According to the Labour Act, sexual harassment includes any unwelcome, offensive or inappropriate conduct of a sexual nature that creates an intimidating, hostile  or humiliating work environment for the person on the receiving end. This may manifest in several ways, such as unsolicited physical contact, suggestive comments, sexually charged jokes, inappropriate gestures, indecent exposure or any behavior that makes another employee fee...

    In everyday conversation, we often throw around terms like “temporary staff” or “contract worker” as if they mean the same thing. When it comes to the law, especially under Ghana’s Labour Act, these terms carry different weights and knowing the distinction can make all the difference in how your business protects itself and treats people fairly.   A fixed-term contract is a formal agreement where the employer and the worker agree that the employment will last for a specific period. It could be six months, one year or even tied to the duration of a project. The most important thing is that the contract has a clear start date and a definite end date. Once that period ends, the contract naturally expires unless it is renewed. There’s no need for additional notice or termination procedures unless one party wants to end it early, in which case, the terms of early termination must be clearly stated in the contract itself.   On the other hand, temporary employment is mo...

    In the world of small business, it’s very common to have someone who’s “just helping.” Maybe it started with them passing by the shop one day and before you knew it, they were arranging stock, helping customers, running errands and holding things down. You give them something small at the end of the week, they come back again the next and over time, you begin to rely on them. They’re not on your payroll, there’s no contract, and you don’t even call them staff. You just say, “Oh, that’s Kojo, he helps me out.” It feels harmless. It feels manageable. But the law sees it very differently. Under Ghana’s Labour Act, specifically Section 78, a casual worker is someone employed on a short-term basis, usually for urgent, temporary, or seasonal tasks, and who does not work for more than six months in a year.Their wages are typically calculated per day, based on the actual days worked. In other words, casual workers are supposed to come in, complete a one-off job or a clearly time-b...

Let’s cut straight to it. If someone has worked for you for six months or more or the total number of days they’ve worked in a year adds up to six months, you are legally required to give them a written contract of employment. This isn’t a suggestion, it’s the law.   Section 12(2) of the Labour Act, 2003 (Act 651) makes it clear: “ The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment.”   What does that mean for you as a business owner? It means if someone keeps showing up to work for your business, week after week, month after month, they’re not “just helping.” They’re not casual. They’re not temporary. They’re permanent. That kind of arrangement comes with legal responsibilities. Permanent employees are considered to be working under an indefinite contract. This means, they’re hired without a set end date. Even if you nev...

What Is a Contract of Employment  At the heart of every employment relationship is a Contract of Employment. According to Ghana’s Labour Act, 2003 (Act 651), a contract of employment is either written, oral or implied and it becomes mandatory in writing when the work continues for six months or more. In fact, the Act makes it clear that if you engage someone to work with you for six months or more or for the equivalent number of days in a year, you must give them a written contract. It goes further to say that within just two months, you must furnish them with a written statement of the terms. This contract must include basic but essential details like the employer’s and worker’s names and addresses, job title, salary and payment intervals, working hours, leave entitlements, sickness policy, disciplinary rules, termination notice periods, and more. Why should you care as an MSME? Without a proper contract: -        You risk legal penalties for non-c...

    While watching TV recently, I made a very interesting observation that got me thinking deeply about business, branding, advertisement and the law. There’s a well-known gari brand in Ghana that produces a creamy, ready-to-enjoy gari soakings mix, Kivo 4in1 Gari Soaking Mix. It’s widely consumed and appreciated, but over time, some consumers of the product began expressing dissatisfaction,  especially regarding the sugar content. Many consumers complained that the product was “too sweet” and as the feedback became more consistent, the company responded by introducing a new variant: Kivo Gari Soaking Mix Low Sugar. It was  a clear attempt to win back health-conscious consumers and adapt to what the market was asking for. Not long after that,I noticed a new player entering the scene, H&H 4in1 Gari Soaking Mix. This new garri brand launched their own version of the product and interestingly, began promoting it with bold claims like “creamier” and “less sugar.” T...

  If you run a business in Ghana and you hire people to help you, then labour law is something you need to understand. Why? Because the moment someone starts working for you, the law gets involved. With the Revised Labour Bill, 2024, Ghana just raised the bar on employer responsibilities and employee protections. What Is Labour Law? Labour law is the set of rules that controls the relationship between employers and workers. It protects both sides. It creates structure and it ensures that business is done the right way. Labour law covers areas like contracts of employment, working hours and leave, equal pay and permitted deductions, termination and dismissal, rights of vulnerable groups including persons with disabilities, women and young workers, workplace safety, harassment, compensation  and more. Why Should You Care? You could be breaking the law without even knowing it and the cost of non-compliance? You don’t want that. There can be fines, lawsuits, revoked contracts ...

  Let me gist you! An  interesting  conversation is happening right now because Sarkodie has sued Ecobank Ghana, claiming they used his image in a flyer design without his permission. The flyer says “Looks Can Be Deceiving”, and honestly, the man on the flyer looks a lot like Sarkodie. I’m not saying it’s him, but Sarkodie says it looks too much like him and he didn’t sign off on it. According to the document circulating on the internet, he wants the court to: 1.      Declare that Ecobank was wrong for using his image in an advert without asking for his permission. 2.      Declare that what Ecobank did also breaks  Ghana’s law on Protection Against Unfair Competition (Act 589). 3.      Stop Ecobank permanently from ever using his image again without his consent and this includes their staff, agents and anyone acting for them. 4.      Order Ecobank to remove and stop circulating all ...

  Charlie, shine your eyes before you sign any contract o! Because in this Ghana, if you no read, you go bleed. Let’s break it down, small-small.   1. “We Go Sort It Out” Terms Red Flag: Contract talk plenty but no specific details. You see lines like “we go deliver fast” or “quality work.” Translation : When gbe na gbe start, nobody go gree say dem be wrong. Wetin You For Do : Put timelines. Write figures. Describe the work well. No assumptions. This be business, not friendship.   2. No Way Out Red Flag: The contract no talk how you go commot if things no go well. Translation : You dey inside till Jesus come. Wetin You For Do: Add exit plan. If you wan terminate, how? How long you for give notice? What go happen to unfinished work?   3. All the Stress Dey Your Side Red Flag : You go do everything. You go supply, deliver, beg for payment and the other party dey flex. Translation: Dem win p3, you dey do marathon. Wetin You For Do : Balance the roles. If you dey carr...