Gambia

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
Yes
MADRID
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?
NA
NICE CLASSIFICATION

9th Edition

OAPI

ARIPO

International Arrangements

Gambia is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Gambia follows a multi-class filing system and recognises both goods and services classes in terms of the 9th Edition of the Nice Classification.

Registration Procedure

Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 3 months of the date of publication

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Gambia.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

  • Paris Convention for the Protection of Industrial Property; 
  • Convention Establishing the World Intellectual Property Organization (WIPO);
  • Patent Cooperation Treaty (PCT); and
  • Lusaka Agreement of 1976.

Types of Patents

  • National patents; and
  • ARIPO patents designating Gambia.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A six-month grace period is provided for.

Examination procedure

Patent applications are examined as to compliance with formal requirements.  A national patent application will be subjected to substantive examination, but currently there is no procedure which provides for the issuing of official actions; i.e. a national patent application will either be granted or rejected. 

Duration & Maintenance

A national patent endures for a fifteen-year period from the date of filing and may be extended for a further five-year period: Provided the patent is being worked sufficiently in Gambia.

An ARIPO patent endures for a twenty-year period.

Annual renewal fees must be paid in advance and is payable from one year after the date of filing the patent application.  There is provided for a six-month grace period within which a late annual renewal fee may be paid.

Working Requirement

A patent must be worked within four years from the date of grant of the patent.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

  • Paris Convention for the Protection of Industrial Property; and
  • Convention Establishing the World Intellectual Property Organization (WIPO).

Types of Designs

An industrial design is defined as any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours, provided that such composition of line or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft.

Classification

Not applicable in this jurisdiction.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

There is provided for a six-month grace period.

Examination procedure

Design applications are examined as to compliance with formal requirements, novelty and sufficiency of graphical representation.

Duration & Maintenance

An industrial design endures for an initial period of five years and may be renewed (on application) for a ten-year period, five years at a time.

Annual renewal fees are not payable, but renewal fees are payable upon filing a request for the extension of the industrial design (for a further five-year period).

Working requirement

There is no requirement for working the industrial design in Gambia.