Registrar General's Department

INDUSTRIAL PROPERTY REGISTRATION IN THE GAMBIA

The Industrial Property (IP) Office is headed by the Registrar General under the Ministry of Justice.  The Office is responsible for the administration of all national applications, applications received from the Africa Regional Intellectual Property Organization (ARIPO) as well as applications received from the World Intellectual Property Organization (WIPO).

Administration of all industrial property rights are carried out in accordance with the followings laws, agreements and protocols:

NATIONAL APPLICATIONS

  • Industrial Property Act 2007
  • Industrial Property (Amendment) Act 2015
  • Industrial Property Regulations 2010, and
  • Industrial Property Regulations 2011

APPLICATIONS UNDER THE AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANIZATION (ARIPO)

  • Lusaka Agreement
  • Harare Protocol on Patent and Industrial Design
  • Banjul Protocol on Marks
  • Swakopmund Protocol on the protection of traditional knowledge and expression of folklore
  • Arusha protocol for the protection of new varieties of plant

APPLICATIONS UNDER THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

  • Berne Convention
  • Madrid Protocol
  • Paris Convention
  • Patent Cooperation Treaty
  • Patent Law Treaty
  • WIPO Convention

What is a patent?

Section 3 of the Industrial Property Act 2007 defines a patent as a "title granted to protect an invention". An invention is an idea of an inventor which permits in practice the solution to a specific problem in the field of technology, and it may be, or may relate to, a product or process.

Section 4 of the Act outlines the criterion that needs to be satisfied for an invention to qualify for a patent and they include the following:

  1. Novelty. An invention must be new for it to be granted patent protection.
  2. Inventive step. An invention must not be obvious to a person ordinarily skilled in the art.
  3. Industrial applicability. An invention must be used in any kind of industry.

A patent application shall be on form P1 and shall be filed with Registrar General and shall contain:

  1. Request;
  2. Description;
  3. Claims;
  4. Drawing; and
  5. Abstract;

The application fee for a patent application is D5000 (national) or 400 USD (International). An applicant can also withdraw a patent application before it is granted. Form P2 shall be used in withdrawing the application for patent and it is free of charge.

After the patent is examined and the Registrar General considered that all the criteria have been met, he or she shall grant the invention patent protection and shall issue a certificate to that effect. In issuing the certificate, Form P6 shall be used. The Patent is valid for  a period of 20 years from the date of filing.

What is Utility model?

A utility model is a protection granted to an invention that is similar to a patent. Utility model applications are filed with Registrar General and Form U1 shall be used in applying.

For an invention to be granted a utility model it must have the following criterion:

  1. Novelty (local); and
  2. Industrially applicable

Application for utility model shall be on Form U1 and shall be filed with Registrar General and shall contain:

  1. Request;
  2. Description;
  3. Claims;
  4. Drawing; and
  5. Abstract;

The application fee for utility Model is D2500 and is valid for a period of Ten years from the date of filing.

What is Industrial Designs?

Industrial design is the ornamental or aesthetic of an article. For industrial design to be registered it must be:

  1. New (local novelty); and
  2. Not contrary to public order or morality.

Applications for industrial designs shall be filed with the Registrar General using Form D1. The application fee for industrial design is D3125 (Local) or 250 USD (International).

The Registrar General after examining the application shall issue certification of registration of industrial designs using Form D6. An applicant may withdraw the application for registration before protection is granted using Form D2. The term for the protection of industrial designs is Fifteen years.

What are Trademarks?

Trademarks are visible signs capable of distinguishing the goods or services of an enterprise.

A Trademark cannot be validly registered if it is:

a)       Incapable of distinguishing the goods and services of one enterprise from those of other enterprises;

b)       It is contrary to public order or morality;

c)       If it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;

d) If it is identical with, it is an imitation of, or contains an element, an armorial bearing, flag, and another emblem, a name or abbreviation or initials of the name of, or officials signs or hallmark adopted by, any State, inter-governmental organization or organization created by an international Convention, unless authorized by the competent authority of that State or organization;

e)       If it is identical with or confusingly similar to or constitutes a translation of, a mark or trade name which is well known in The Gambia for identical or similar goods or services of another enterprise; or

f)        If it is identical with a mark belonging to a different proprietor and already on the register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.

Application for registration of marks shall be filed with Registrar General using Form M1 accompanied by payment of a fee for the sum of D2500 and every additional class D1250 (Local) or 200USD and every additional class 100USD (International).

Upon receipt of the application the following will be carried out:

  • The application will be stamped and dated if all the formalities (form property completed and signed, evidence of payment, and other documents) are in order.
  • Substantive examination will be carried. If this examination is successful applicant will be issued Acceptance Notice and will be required to pay the publication fee of D1250 (National) and 100 USD (International).
  • The application will be published for opposition for a period of three month.
  • If there is no opposition, a registration certificate using Form M8 will be issued to the applicant.
  • The trademark protection will be valid for 10 years and then subject to renewal for another ten years. The trademark may be renewed in perpetuity.

An applicant may withdraw the application for registration of mark before it is registered using Form M2 free of charge. An applicant shall use Form M3 to request for correction of the application for registration of a mark and it is free of charge.

An applicant can renew his or her application using Form M9 and shall pay the sum of D3125 (local) or 250 USD (International). A certificate of renewal shall be issued using form M10 and it is free of charge.

Applicant can apply for recordal of change per registration using form G1 and pay the sum of D1875 (Local) or 150USD (International). Application for recordal of a license shall be made using Form G2 and paid the sum of D3750 (Local) or 300USD (International).

1.        What is the Madrid System?

The «Madrid System» is a convenient and cost-effective solution for national or regional trademark holders to obtain and maintain protection of their brands in multiple markets simultaneously, by filing a single application for an international trademark registration. The World Intellectual Property Organization (WIPO), in Geneva, Switzerland, administers the Madrid System. The Gambia joined the Madrid System in December 2015.

2.    What are the advantages of the Madrid System?

The Madrid System is:

Convenient

You file one application for an international trademark registration in one language and pay one set of fees in one currency (Swiss francs), to register your trademark in multiple territories. You can then centrally manage your international trademark registration – expand or renounce protection, change ownership, renew your registrations, and more – online, directly through WIPO.

Global

You can seek protection of your trademark in all or any of the «Madrid System’s Members», representing over 80% of world trade.

Cost-effective

You save time and money by filing one application for an international trademark registration, rather than a bundle of national or regional trademark applications. You do not need to pay for translations or hire a representative to file your application in each country.

3.        How does the Madrid System work?

The international trademark registration process comprises three stages:

Stage 1 – File (Registrar General’s Department)

Before you can file an application for an international trademark registration, you must already have – or have applied for – a national trademark registration (known as a “basic mark”) with the Registrar General’s Department. You can then use your “basic mark” to file an application for an international trademark registration – seeking protection of your mark in multiple territories simultaneously – through the Registrar General’s Department. We will certify it and send it to WIPO.

Stage 2 – Formal examination (WIPO)

WIPO checks that your international trademark application complies with all formal requirements (contact details, quality of images, payment of fees, etc.).

Once approved, WIPO records your trademark in the International Register and publishes it in the WIPO Gazette of International Marks. WIPO will then send you a Certificate of Registration – acknowledgement of compliance with WIPO’s formal requirements – and notify the intellectual property (IP) Offices of all the Madrid System Members where you are seeking protection of their designation.

Stage 3 – Substantive examination (national and regional IP Offices)

The IP Office of each Madrid System Member where you are seeking protection will perform substantive examination of your trademark. Each Office must grant or refuse protection in their territory within a given time limit (12, or in some cases 18, months from the date on which WIPO notified them of their designation). They will send their decisions to WIPO who will notify you and update the International Register accordingly.

Find out more about «filing international trademark applications».

4.        Can I use the Madrid System?

If you are a national of – or have a domicile or business in – The Gambia, you can use the Madrid System.

Reminder! Before you can file an application for an international trademark registration, you must already have – or have applied for – a national trademark registration with the Registrar General’s Department.

5.        What is eMadrid?

«eMadrid» is your digital gateway to international trademark protection. It provides you with centralized and secure self-service access to all the Madrid System’s online services and tools used to file, monitor and manage international trademark registrations.

Tip! You need a «WIPO Account» to use the online services available under eMadrid. «Create an Account».

6. How do I file an application for an international trademark registration?

You can file your application for an international trademark registration directly through the website of the Registrar General’s Department using Madrid e-Filing.

What is Madrid e-Filing?

Madrid e-Filing is a secure, digital, and streamlined environment through which you can file – and we (the Registrar General’s Department and WIPO) can process – applications for international trademark registrations. You can directly communicate with us (Registrar General’s Department) through the platform, as well as receive – and respond to – any irregularity notices that WIPO may issue.

Important! You need a «WIPO Account» to use Madrid e-Filing. «Create an Account now!

All the basic information required to complete your application for an international trademark registration is imported directly from your “basic mark” (your national trademark application or registration).

How to use Madrid e-Filing:

  • Go to «Madrid eFiling»;
  • Enter your WIPO Account username and password;
  • Select ‘New application’;
  • Select ‘GM - Gambia’ from the drop-down list of Offices;
  • Click on ‘Import basic application or registration’; and
  • Follow the prompts to complete your application.

Check that all the information is correct, and where necessary adjust or add any missing details such as your email address, representative details, etc.

Important! Don’t forget to designate the countries/regions where you seek international protection of your trademark, and if necessary, modify the list of goods and services. The list of goods and services is imported from your national trademark application or registration. The scope of protection of your international trademark registration can be narrower, but not broader. If you want to obtain international protection in additional classes of goods and services, you will need first to file a new national application through The Registrar General’s Department!

 

Important: Check your application carefully – once you submit it, you can no longer make any changes.

Once your application is ready, you will be directed to WIPO’s centralized payment platform. Select your preferred payment method and follow the prompts.

Tip! You can use the Application Simulator under «eMadrid» to find out how and where you can seek protection of your trademark, and to get a cost estimate.

You can also access Madrid e-Filing via «eMadrid». This will ensure that you have access to all the tools and resources that you might need to complete yourapplication for an international trademark.

How to access Madrid e-Filing via eMadrid:

  • Go to «eMadrid» and select ‘Start a new application’;
  • Enter ‘Gambia’ in the ‘Search your Office of origin’ box;
  • Click on the blue button ‘Get started with the Madrid e-Filing service’;
  • Enter your WIPO Account username and password;
  • Click on ‘New application’;
  • Select ‘GM - Gambia’ from the drop-down list of Offices;
  • Click on ‘Import basic application or registration’; and
  • Follow the prompts to complete your application.

7.    How much does an international trademark registration cost?

Fees – payable in Swiss francs (CHF) – include:

  • A basic fee

  • Additional fees depending on where, and in how many classes of goods and services, you want to protect your mark:

  • Standard fees include:

    • A complementary fee: 100 CHF per designated Madrid System Member; and
    • A supplementary fee: 100 CHF for each class of goods and services over three.
    •  An individual fee replaces the “complementary fee” in certain Madrid System Members.
    • «Find out more about individual fees».

Tip! You can use the Fee Calculator available under «eMadrid» to estimate the cost of filing an application, extending protection to other Madrid System Members, and renewing an international trademark registration!

For an overview of basic, complementary, and supplementary fees, refer to the «Schedule of Fees». Find out «more about Madrid System fees and payment methods».

Important! WIPO cannot record your international trademark registration unless you have paid all the necessary fees.

8.        How long is an international trademark registration valid for?

An international trademark registration is valid for 10 years and is renewable indefinitely. You can renew it either when the 10-year term expires, or within the six-month grace period following its expiry.

Warning! Additional fees apply if you renew your registration during the grace period.

The simplest way to renew your international trademark registration is through «eMadrid».

9.        How can I find out more about the laws and practices of Madrid System Members?

The Madrid System Member Profiles available under «eMadrid» provide a wide range of information on the laws, practices, and procedures of all Madrid System Members.

10.    How do I classify the goods and services in my international application?

When you prepare your application for an international trademark registration using «Madrid e-Filing» – or «eMadrid» – the list of goods and services covered by your national trademark application or registration will automatically be imported into your international application (refer to question 6 for more information on filing).

You can adjust the goods and services to be narrower in your international trademark application but not broader.

If you wish to broaden the list of goods and services covered by your international trademark registration, you must first submit a new national application through the Registrar General’s Department.

Tip! Using the Madrid Goods & Services Manager available under «eMadrid», you can select from hundreds of thousands of terms to:

  • build your list of goods and services; and
  • check whether the IP Offices of the Madrid System Members where you seek protection will accept or reject a term, saving you time and money!

11.    Can I manage my international trademark registration through eMadrid?

Yes! You can use «eMadrid» to:

  • track the status of your international trademark application and registration;
  • expand protection to other Madrid System Members;
  • limit the list of goods and services;
  • renounce protection;
  • manage your representatives;
  • change contact details;
  • change ownership;
  • fix an error in the International Register;
  • renew your international registration;
  • pay fees;
  • submit forms;
  • and more.

Find out more about «managing international trademark registrations».

12.    Why should I search for identical or similar trademarks before I file an application for an international trademark registration?

Searching for existing and pending trademarks in your target markets will help you to uncover trademarks that are similar or identical to yours, and therefore to make an informed decision about your international trademark application strategy.

Warning! If your trademark infringes on the rights of another person or company, you may not be able to register it.

You can use WIPO’s «Global Brand Database» to search through millions of records from multiple national and international databases.

13.    How can I check the status of my international trademark application/registration?

You can use “Monitor your registration” under «eMadrid» to track the status of your international trademark application in real-time as it moves through WIPO’s examination process.

Once WIPO has registered your application, you can find out whether the Madrid System Members where you seek protection of your mark have granted or refused protection in your target markets using the “Designation Status.

If the status of protection is “Protection Granted”, you can directly download a PDF document showing a status summary. If you need something more official, you can quickly order a certified document!

14.    How can I keep up to date with Madrid System news?

You can «sign up to receive email alerts» on all the latest updates and developments in the Madrid System.

More questions?


If you couldn't find an answer to your question on this page or through WIPO’s «Madrid System website», then feel free to «contact us» or send your questions to WIPO’s «Madrid System customer service team».

 

Find out more about the Madrid System

Educational resources:

 

 

WHAT IS PATENT?

A patent is an exclusive right granted for an invention. A patent provides patent owners with protection for their inventions in a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. Protection is granted for a period 20 years in The Gambia

PROCEDURES FOR PATENT REGISTRATION IN THE GAMBIA

The following are the procedures for Patent registration:

  1. The application for a Patent shall be filed with the Register General and shall contain a request, a description, one or more claims, one or more drawings, and an abstract and shall be accompanied by the payment of the prescribed fee. (FORM P1)
  2. The request shall contain a petition to the effect that a patent be granted, the name of and other prescribed data concerning the applicant, the inventor and the agent, if any, and the title of the invention
  3. Where the applicant is not the inventor, the request shall be accompanied by a statement justifying the applicant’s right to the patent.
  4. The description shall disclose the invention in a manner sufficiently clear and complete.
  5. The claim shall determine the scope of the protection which shall be clear and concise and shall be fully supported by the description.
  6. The Registrar General shall examine the application and shall grant same if it fulfils all the requirements under Gambian law.

Note:Patent, Utility Model and Industrial Design protection in The Gambia may be obtained through the African Regional Intellectual Property Organization (ARIPO). Patent protection in The Gambia may be obtained through the Patent Cooperation Treaty of The World Intellectual Property Organization (WIPO).

WHAT IS TRADEMARK?

A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company.

PROCEDURES FOR TRADE MARK REGISTRATION IN THE GAMBIA

The following are the procedures for trade mark registration:

  1. The application for registration of a mark shall be filed with the Registrar General using Form M1 and shall contain a request, a reproduction of the mark, and a list of goods or services for which registration of the mark is requested, listed under the applicable class or classes of the International Classification, and shall be accompanied by the payment of the prescribed fee.The application may contain a declaration claiming the priority of an earlier national or regional application filed by the applicant.
  2. The Registrar General shall examine whether the application complies with the requirements of the Act.
  3. Where the Registrar General finds that the conditions are fulfilled, he shall cause the application, as accepted, to be published in the prescribed manner.
  4. A person may, within three months or further time not exceeding nine months of the advertisement of the application give notice or opposition of the mark on the grounds that one of the conditions are not fulfilled.
  5. After the three months opposition period, the Registrar General will issue the Registration Certificate to the applicant.

Trade Mark registration in The Gambia may be obtained through the Madrid Protocol of The World Intellectual Property Organization (WIPO).

WHAT IS AN INDUSTRIAL DESIGN?

An industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of industrial products and handicrafts: from technical medical instruments to watches, jewelry and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

To be protected in The Gambia the industrial design must be new or original and non-functional. This means that an industrial design is primarily of an aesthetic nature, and any technical features of the article to which it is applied are not protected by the design registration.

PROCEDURES FOR INDUSTRIAL DESIGN REGISTRATION IN THE GAMBIA

The following are the procedures for Industrial Design registration

  1. The application using Form D1 for registration of an industrial design shall be filed with the Registrar General and shall contain a request, drawings, photographs or other adequate graphic representations of the article embodying the industrial design and an indication of the kind of products for which the industrial design is to be used.
  2. The application may be accompanied by a specimen of the article embodying the industrial design and shall be accompanied by the payment of the prescribed application fee.

WHAT ARE COPYRIGHT AND RELATED RIGHTS?

Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, generally referred to as “work”. A closely associated field is “related rights” or rights related to copyright that encompass rights similar or identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of related rights are:

  • Performers (such as actors and musicians) in their performances;
  • Producers of phonograms (for example, compact discs) in their sound recordings; and
  • Broadcasting organisations in their radio and television programs.

Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings drawings photographs, sculpture, architecture, maps and technical drawings.

In The Gambia, Copyright and Related Rights are under the auspices of National Centre for Arts and Culture (NCAC).

WHAT ARE UTILITY MODELS?

Utility Models otherwise known as petit patents can be registered in The Gambia. If an innovation is new and industrially applicable in The Gambia, the innovation can be registered as a Utility Model.

PROCEDURES FOR UTILITY MODELS N IN THE GAMBIA

The Applicant should use the Form P1 and pay the prescribed fees.

WHAT ARE COLLECTIVE MARKS?

Collective marks are marks used by two or more enterprises that have agreed to use the mark in common. The purpose is to identify and distinguish the products and services of the group from the products and services of any other enterprise.

PROCEDURES FOR COLLECTIVE MARKS IN THE GAMBIA

The procedures for registration of collective marks are the same for registration of trade marks in The Gambia. The Applicant should use the Form M1 and pay the prescribed fees.