Trademarks in the Gambia

Competent Authority

• Name of Office: Registrar General's Department, Ministry of Justice.
• Working Language: English.
• System Type: National (with optional regional protection available via ARIPO's Banjul Protocol).

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International registrations via the Madrid System can designate Gambia.
• ARIPO: Member of the African Regional Intellectual Property Organization (ARIPO) and a contracting state to the Banjul Protocol on Marks.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants not domiciled or having a real industrial/commercial establishment in Gambia must appoint an authorized local professional agent or legal representative.
• Power of Attorney (POA): Required for representation; standard administrative practice typically accepts a signed POA without strict legalization or apostille requirements unless specifically requested by the Registrar.

Online Filing and Search

• Electronic Filing: Managed through national administrative channels and local agent submission interfaces, alongside WIPO-integrated routes (such as eMadrid).
• Trademark Search: Conducted via official registry records or professional preliminary clearance searches handled by local representatives.

Protectable Trademark Types

• Word marks, figurative marks, and combined device marks.
• Applications and associated descriptions must be submitted in English.

Classification

• System: Nice Classification.
• Multi-class Applications: Historically, traditional national route filings in Gambia have operated strictly on a single-class application framework (requiring separate filings per class), whereas multi-class filings are available via the ARIPO Banjul regional route.

Examination

• Scope: The Registrar General's Department conducts formal examinations (document completeness, identity details) and substantive examinations covering absolute grounds (distinctiveness, public order, morality) and relative grounds.

Publication and Opposition

• Opposition System: Once approved by examiners, trademark applications are published in official gazettes or registry bulletins. Interested third parties may file a notice of opposition within the statutory opposition window.

Timeframes

• Registration Timeline: Approximately 6 to 12 months for a straightforward, unopposed application process from initial submission to final certificate issuance.

Official Fees

• Official fee schedules are denominated in Gambian Dalasi (GMD) via statutory regulations (with standard administrative costs varying depending on whether filing proceeds nationally or via regional ARIPO designations). WIPO-regulated fee schedules apply to Madrid Protocol designations.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year periods, backed by a 6-month late renewal grace period subject to surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to removal or revocation actions for non-use if it has not been put to genuine commercial use for a continuous statutory period.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the holder must be formally recorded with the Registrar General's Department to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via civil court infringement proceedings, interdicts, and damages actions. Protection extends to well-known marks and border/customs enforcement measures.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.