Gambia is a member of the International Convention and of the PCT. However, whereas Gambia is a member of ARIPO for patent and design matters, Gambia is not currently a member of ARIPO for trade mark matters.
Accordingly, patent and design applications can be filed either through ARIPO or in Gambia itself. However, trade mark applications must be filed directly in Gambia.
HOW TO REGISTER A TRADEMARK
1. The requirements for applications filed directly in Gambia are as follows:
1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A simply signed power of attorney.
1.4 10 prints of the device mark.
1.5 If priority is claimed: a certified copy of home application/registration.
2.1 The 50 classes of the Old British Classification of goods are applicable.
2.2 Multiclass - No
3.1 Duration : 10 years from filing date and renewal for further periods of 10 years (even if priority is claimed, the date is still calculated from application date).
3.2 Use : An aggrieved person may apply for the removal of the mark if there is no bona fide use for a continuous period of 5 years from the date of application or any continuous 5 year period thereafter.
3.3 Licenses : Not required by advisable.
3.4 Assignments of applications are permissible.
4. Costs USD
4.1a Application: First class $1100, additional marks filed simultaneously $1020 each.
4.1b Publication fees: $300 per mark.
4.1c Registration fees: $250 per mark.
4.1d Priority claim: $210 per mark.
4.2 Assignment: First trade mark $970, additional marks filed simultaneously $590 each.
4.3 Change of name or address: First trade mark $700, additional marks filed simultaneously $470 each.
4.4 Renewal: First trade mark $1090, additional marks renewed simultaneously $890 each.
4.5 Search: 1 mark in 1 class $500 - Not recommended as results can take up to 8 months to be released.
Spot search (verification of details): $560
*Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.
**Please further note that the above amounts exclude the following up and obtaining of certificates pertaining to renewal, assignment, licences, change of name and change of address.
*** Please note that publication and registration fees are dependable on the year in which the mark reaches publication/registration
****ALTHOUGH GAMBIA HAVE RE-COMMENCED PUBLICATION AND THERE HAVE BEEN HUGE IMPROVEMENTS IN THE PROCEDURE (UP UNTIL LAST YEAR THERE WAS A 25 YEAR DELAY BETWEEN APPLICATION AND PUBLICATION), THERE IS STILL A HUGE BACKLOG TO WORK THROUGH AND REGISTRATION PROCESS CAN STILL TAKE SEVERAL YEARS
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Gambia rather than a national application directly in Gambia. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Gambia Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Gambia is about the same as the cost of filing a national application directly in Gambia. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.