A mark must be distinctive and must not be descriptive.
A mark cannot be registered if-
it is incapable of distinguishing the goods and services of one enterprise from those of another; if the mark is against public morality;
it is likely to misled the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
it is identical with or, is an imitation of, or contains as an element, an armorial bearing, flag, and other emblem, a name or abbreviation or initial of the name of, or official sign or hallmark adopted by, any State, inter- governmental organization or organization created by an international Convention, unless authorized by the competent authority if the State or organization;
it is identical with or confusingly similar to or constitute a translation if, a mark or trade name which is well known in The Gambia for identical or similar goods or service of another enterprise;
it is identical with a mark belonging to a different proprietor and already on the register, or with an earlier filing or prior date, in respect of the same goods or services or closely related goods or services, or
it so nearly resembles such a mark as to be likely to deceive or cause confusion.