Trademarks Law in Gambia
Trademark law in The Gambia is governed by the Registrar General’s Department, which operates under the Ministry of Justice. The country has modernized its intellectual property (IP) infrastructure, aligning with international standards to facilitate efficient trademark registration and protection.
📄 Trademark Registration Process in The Gambia
Application Submission: Applicants must submit a trademark application to the Registrar General’s Department. The application should include:
A clear representation of the trademark
A list of goods and/or services according to the Nice Classification
Applicant's details (name, address, nationality)
A Power of Attorney (simply signed)
A certified copy of the priority document, if applicable
Examination: The Registrar General’s Department conducts both formal and substantive examinations to assess the application for compliance with legal requirements and potential conflicts with existing trademarks.
Publication: If the application passes examination, it is published in the Government Gazette. Interested parties have a period to file oppositions:
90 days from the publication date
Registration: If no opposition is filed or if any opposition is resolved in favor of the applicant, the trademark is officially registered, and a certificate of registration is issued.
⏳ Duration and Renewal
Initial Registration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for subsequent 10-year periods upon payment of the renewal fees.
Grace Period: A 4-month grace period is allowed for late payment of renewal fees
⚖️ Use Requirement and Cancellation
Use Requirement: A trademark must be used within 5 consecutive years from the registration date.
Cancellation: Non-use for five consecutive years renders the trademark vulnerable to cancellation by any interested party
🌍 International Protection
Madrid Protocol: The Gambia is a member of the Madrid Protocol, allowing Gambian trademark holders to seek international protection in over 100 countries by filing a single application
Madrid e-Filing: As of March 2024, The Gambia has adopted the Madrid e-Filing system, enabling applicants to file international trademark applications directly online through the Registrar General’s Department
✅ Summary
The Gambia offers a structured and modernized trademark registration system, with a 10-year initial protection period, renewable indefinitely. The adoption of the Madrid Protocol and Madrid e-Filing system enhances the country's international trademark protection capabilities. Trademark owners must ensure active use within five years to maintain their rights.
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