AB & Co. IP Services

The Gambia

Legal Framework

New applications are examined for registrability and cross referenced with registered marks for conflicts. The application is published in a Trademark Journal and if it is not contested, the applicant is issued a certificate of registration. A filing certificate can be issued within 2 days and the registration procedure typically lasts up to 2 years.

There are provisions for registration of Service Marks and Collective Marks. Multiclass filing is also available.

The international classification of goods and services applies.

International Arrangements

The Gambia is a signatory to the following treaties;
  • ARIPO, since January 16, 1986.
  • Paris Convention, since January 21, 1992, but no enabling local law yet
  • Patent Cooperation Treaty (PCT), by Chapter I and II, as of December 9, 1997, but no enabling local law yet (Jan. 2001).

Trademark Application Requirements

  • Applicant must be a natural person or a legal entity.
  • Details of the trademark owner (name, address, registration number).
  • A Simply signed Power of attorney.
  • Design of the trademark in JPEG format in case of a graphical trademark (not required or word mark).
  • The detail of goods and/or services for which the trademark will be registered or the classes in case they are known.
  • In order to benefit from the priority date, Information related to the previously filed trademarks is required.
  • In case that priority is claimed, the priority documents must be submitted with the application.

Trademark Duration

  • As long as a registered trademark is renewed and used in trade, it can last forever.
  • A Trademark registration lasts for 10 years.

Trademark Renewals

  • A simply signed power of attorney is simply signed.
  • Trademark renewals may be done within 2 – 4 months before the expiration date.
  • Renewals must be made within 4 months of the expiration of the previous registration.
  • Late renewals or restorations may be subjected to penalties.
  • Non-use of this mark for a period of 5 years from registration renders it open to an action for cancellation by third parties.

Opposition

  • The period for opposition by the public for any mark is 3 months. Any person may, within the 3 month period or such further time not exceeding 9 months in all, as the Registrar may allow, of the advertisement of the application, give notice of opposition.