Gambia Awakens

After a hiatus in the publication of trade mark applications of close on 26 years, the Registry in Banjul has eventually issued an edition of the Gambian Gazette with a cover date of 15 September 1992 and Supplement “D” to the Gazette no. 13 dated 10 July 2007, containing trade mark applications filed some years back.

This has heralded a number of interesting developments in a country where very little has taken place for many years and where the trade mark system that has been in force was so antiquated that an out-of-date British classification of goods alone has been applied since 1916!

As of 02 April 2008, the Gambian Registry will refuse to accept the filing of applications lodged in terms of the 1916 Act.  This has been brought about by the coming into force of the Industrial Property Act, 1989 which seeks to repeal the 1916 Act.  It would seem, however, that enabling Regulations are yet to be published, although the new Act allegedly came into force on 02 April 2007.

In terms of the new law, the International Classification of goods and services, (9th edition of the Nice Agreement), will be applied and the Registry can accept applications with immediate effect using the International Classification.  Applications filed since 02 April 2007 will, according to an official statement issued by the Gambian Registrar of Trade Marks, be re-classified in terms of the Nice Agreement.

Since there are, as yet, no Regulations, there appears to have been no change in the official fee structure.

Turning again to the status of applications that have now been advertised for opposition purposes, it would seem that the authorities are preparing to issue the registration certificates which will correspond to trade mark applications filed in 1982-3!  Trade mark proprietors are urged to consider the question of renewal of all such marks which remain of interest and to provide us with instructions in good time.  We await the second “edition” of the 1992 Gazette which, presumably, will contain trade mark applications from 1984 onwards.

The Supplement “D” which is numbered 1 of 2000, features trade mark applications filed during 2000, so it is likely that there will be further editions of the Gazette containing applications filed between 1984 - 2000 and we will be sure to report on progress in that regard as we receive news form Banjul.

In summary, and while there are still a number of issues requiring clarification with the coming into force of the new Act, trade mark proprietors may now file to register their marks not only in goods classes, but also in service classes, and in terms of the International Classification (9th edition).  While multiple class applications seem to be envisaged, since there has been no change to the official fees payable, for the moment single class applications are recommended.  Paris Convention priority would also seem to be possible, although filing ARIPO trade mark applications designating Gambia would be premature since the new Act does not yet make provision for the recognition of these rights.  Trade mark registrations will henceforth be for periods of 10 years, renewable for like periods, as opposed to the previous 14 year terms.

Please contact our International Trade Marks Department for any further information.

Megan Moerdijk
Megan-M@adamsadams.co.za
Adams & Adams
March 2008