The current trademark regulations in The Gambia are mainly based on the Industrial Property Law, which came into effect on April 2, 2007. The Trademark and Patent Registry is responsible for managing trademark affairs, and the official languages are English (before March 14, 2014) and Mandingo. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in The Gambia follows the principle of "application first".
The Gambia is a signatory to international intellectual property treaties such as the Paris Convention, WIPO Convention, and Madrid Protocol, and a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid International Registration".
At present, The Gambia adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in The Gambia include: text, graphics, colors, letters, etc.
If the applicant does not reside in The Gambia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding translations must be provided;
5. Power of attorney.
The main process for applying for registration of a trademark in The Gambia is: application acceptance, examination, announcement, approval, and issuance of a certificate. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in The Gambia takes about 2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The trademark registration in The Gambia is valid for 14 years from the date of application; Renewal can be applied for within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.