– The Industrial Property Act (Cap. 95:03), with effect from April 2, 2007.
– Implementing Regulations, in force since January 1, 2011.

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 10, 1980.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 21, 1992.
– WTO’s TRIPS Agreement, since October 23, 1996.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since December 18, 2015.
– ARIPO, Banjul Protocol on Marks, since August 3, 2021.

Categories of trademarks other than ordinary trademarks: collective marks.

Service marks: provided for.

Classification of goods: the 9th Edition of the International Classification of Goods and Services applies. 

Multi-class applications: are accepted.

Filing requirements for an application (to be sent to resident agent):

(a) For new trademarks:
Full particulars of applicant, goods and/or services to be claimed, class(es) if known, and the following:
1. Form of authorization (not legalized);
2. 10 prints of the mark.

(b) For assignments:
Any change in the ownership of a trademark application or registration shall be in writing, and shall have no effect against third parties until recorded by the Registrar. The following documents are required:
3. Certificate of registration for endorsement;
4. The Registrar General may request further documentary evidence before recording an assignment. Any such evidence from outside The Gambia must be notarized.

Notes: any registered trademarks entered in the Register as associated, must be assigned together.
While Gambia has signed up to the Madrid Protocol, enabling legislation has yet to be adopted to specifically incorporate the Protocol.

Procedure: applications are examined for registrability and for conflict with prior registrations and pending applications. After acceptance they are to be published in the Trade Marks Journal which is a supplement to the Official Gazette, which after a hiatus of a number of years is again being published, and in the absence of opposition, certificates of registration are issued in paper format.

Letters of consent: can be accepted, at the Registrar’s discretion.

Duration and renewal: the original period of registration is ten years from the date of application, and thereafter renewable for like periods.

Applications for renewal: may be made in the six months preceding the expiry of the previous period of registration.

Late renewal: there is a six-month grace period for late renewal, subject to payment of the required surcharge.

Assignments: see “Requirements for assignments” above.

Licensing/registered users: application for recordal of a license contract must be made in writing and accompanied by a copy of the license document, notarized if it originated outside The Gambia.

Opposition: any person may, within three months or such further period not exceeding nine months in all, as the Registrar may allow, of the advertisement of the application, give notice of opposition on the grounds that the mark is not registrable or for infringement.

Infringement and penalties: a registered mark is being infringed if the mark is used in relation to any goods or services for which it has been registered by any other person without the consent of the owner; this right extends to the use of a similar sign for similar goods and services, which may cause confusion.

Rectification of the Register: the law provides for entries in the Register to be rectified or corrected.

Non-use of registered trademark: any person aggrieved may apply for the removal of a registered trademark from the Register if the proprietor has made no bona fide use thereof for a continuous period of five years up to the date of application for removal; or if the trademark was registered without any bona fide intention on the part of the applicant for registration and if there had in fact been no bona fide use of the mark.

Passing-off: an action for passing-off will only be entertained if the plaintiff’s trademark has been used for more than three years and an attempt had been made to register it.