GAMBIA

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Country Name: GAMBIA

GAMBIA

Trade Marks

International Arrangements: 

Paris Union, Madrid Protocol. Gambia is also a member of the African Regional Intellectual Property Organisation (ARIPO) but has not yet subscribed to the Banjul Protocol.

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS and COLLECTIVE MARKS.

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

Classification:

The International Classification of goods and services applies.

A single application may cover any number of classes of goods and/or services.

Documents required:

I. New Applications:

  • Power of Attorney
  • Applicant data
  • Sample of mark, except for word marks in ordinary type.
  • A list of goods and/or services.
  • Certified copy of Priority document (if apllicable), with verified english translation.

II. Renewals:

  • No documents required.
  • Duration 10 years from filing.

III. Assignments/Mergers:

  • Power of Attorney
  • Effective date of Assignment/Merger

IV. Change of Name:

  • Effective date of Change of Name.

V. Change of Address:

  • Effective date of Change of Address.

VI. Licences/Registered Users:

  • Licence agreement, with verified English translation

VII.Examination:

  • Formal and Substantive

Patent

Patent protection is available via a national filing or via an ARIPO application designating The Gambia. The Gambia has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national law, thereby giving valid patent protection to applicants seeking to obtain a patent via an ARIPO application.

Types of applications

I.    a non-convention application, where the effective date is the filing date of the application

II.   a convention application, where the effective date would be the priority date of the first-filed application under the Paris Convention

III.  a national phase application based on an international application under the PCT in which The Gambia is designated

IV.  an ARIPO application designating The Gambia

V.   a divisional application, where the original application covers more than one invention

VI.  an application for a utility model, which may be converted to a patent application.

Filing requirements:

I.      full particulars of the applicant

II.    power of attorney (simply signed)

III.   assignment of invention (if the applicant is not the inventor)

IV.   (including claims, abstract and drawings), in English

V.     certified copy of the priority document (if priority is to be claimed)

VI.   International Preliminary Report on Patentability (for PCT applications).

Examination/procedure

A formal as well as a substantive examination is conducted. The substantive examination is conducted by the ARIPO office. The regulations may prescribe that some categories of inventions need not be subjected to examination.

Duration and maintenance

The term of a patent is 15 years from the filing date, which can be extended on application by five years, provided proof of working is furnished. An annual fee is payable as from the first anniversary of filing. A grace period of six months is allowed for the late payment of the annual fee subject to payment of surcharges.

If the annual fee is not paid within the grace period, the patent lapses.

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