Spoor & Fisher - Intellectual Property law specialists Patents, trade marks, copyright, design, domain names, South Africa and Africa

Gambia

Capital: Banjul
Population: 1.4 million
Major languages: English, indigenous languages
Major religions: Islam, Christianity
Form of government: Multiparty republic
Monetary unit: 1 dalasi = 100 butut
Main exports: Peanuts and peanut products, fish, cotton lint, palm kernels
Internet domain: .gm
Time zone: GMT
International dialling code: +220

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Trade Marks

International Arrangements:

Gambia is a member of the Paris Union. However, it has not yet published a Convention Countries Order concerning trade marks and it is not possible, therefore, to claim convention priority.

Categories of Trade Marks:

There are provisions for the registration of CERTIFICATION MARKS (known as SPECIAL TRADE MARKS) and SERIES MARKS.

There are no provisions for the registration of SERVICE MARKS or DEFENSIVE MARKS.

Classification:

The old British Classification of 50 classes applies.

A separate application is required for each class of goods.

Documents required:

A. New Applications

Power of Attorney (not legalised).
Printing block and 6 prints, except for word marks in ordinary type.
Certified copy of corresponding U.K. registration if goods are of cotton and fall in Classes 23, 24 or 25.

B. Renewals

Power of Attorney (not legalised).

C. Assignments/Mergers

Power of Attorney (not legalised).
Deed of Assignment or other instrument of title, with verified English translation.
Original Certificate of Registration for endorsement.

D. Change of Name

Power of Attorney (not legalised).
Certificate of Change of Name, with verified English translation.
Original Certificate of Registration for endorsement.

E. Change of Address

Power of Attorney (not legalised).
Original Certificate of Registration for endorsement.

F. Licences/Registered Users

No provisions exist for the recordal of licences.

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Trade Mark Forms

Gampa.pdf

Patent Forms

Assignment.pdf
GAMBIA.pdf

Related News Articles:

1) Spoor & Fisher Open New Office in Gambia

2) Circular No. 346: Africa Newsletter (Trade Marks)

3) GAMBIA: New Industrial Property Act is Brought into Force

Patents

International arrangements:

Paris Union (from 21 January 1992)
WIPO (from 10 December 1980)
ARIPO (from 16 January 1986)
PCT (from 9 December 1997)

Note: The law in Gambia has not yet been amended to recognise the PCT. Although PCT applications designating Gambia are filed and accepted, we cannot guarantee that enforceable rights will be granted.

Types of Patents available:

Patents of invention
National Phase PCT application
ARIPO applications
ARIPO Regional Phase PCT application

Novelty requirements:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than six months preceding the filing date or where applicable the priority date, and it was as a consequence of:

acts committed by the applicant or his predecessor in title, or
an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented.

Filing requirements:

Patents of Invention (Non-PCT):

Power of Attorney (simply signed) (can be late filed)
Specification, claims and abstract in English (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Assignment of Invention (can be late filed)
Priority document with verified English translation, if applicable (can be late filed within three months)

National Phase PCT application:

Gambian patent legislation does not make provision for PCT applications, nor are filing requirements for such applications specified. At present, we advise applicants to lodge the same documents as for a non-PCT application, plus the following:

Copy of International Publication
Copy of International Search report
Copy of International Preliminary Report on Patentability

ARIPO application in which Gambia is designated:

Please see ARIPO

ARIPO Regional Phase PCT application:

Please see ARIPO

Grant:

The term of a patent is fifteen years from the filing date, which can be extended on application by five years, provided proof of working is furnished. Renewal fees fall due annually commencing on the first anniversary of the filing date. The term of an ARIPO patent designating Gambia will be twenty years from the date of filing. Renewal fees fall due annually from the first anniversary of the filing date.

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