When Trade Marks Claim Cultural Symbols: The Louis Vuitton–Molly Tea Dispute and the Protection of Traditional Cultural Expressions in Ghana

The central weakness is therefore not a complete absence of potentially relevant provisions. Rather, it is the lack of coordination between them. Act 690 recognises folklore as a protected national and cultural interest, while Act 664 examines trade mark applications mainly through distinctiveness, public order, deception and prior commercial rights. Neither Act establishes a direct bridge between the National Folklore Board and the Trade Mark Registry. Consequently, a sign may be protected as folklore under one statute while being registered and enforced as private commercial property under another.