The Industrial Property Act of 1989 entered into force in Gambia on April 2, 2007. The new Act repeals the 1916 Act and introduces the International Classification of Goods and Services.

Despite the effective date of April 2, 2007, the relevant Regulations have yet to enter into force, but in a communication issued on March 25, 2008, the Registrar states that applications will be accepted in the international classes with immediate effect. Applications following the former classification will be accepted up to April 2, 2008; thereafter, they will be refused unless filed in international classes.

All applications received from April 2, 2007, will be reclassified into the International Classification by the Registrar, although at present it is unclear what the process for reclassification will be.

The Registrar has decided that she will reclassify existing applications, rather than the agents who filed the applications. Given the staff shortages at the Registry, and the speed at which matters are normally handled in Gambia, it is not expected that the reclassification of existing cases will take place in the foreseeable future.

Furthermore, it is unclear as to which version of the International Classification will be used, although it is likely to be the ninth edition.

Nevertheless, the written confirmation that the International Classification is in use, and that service marks are being accepted, must be welcomed. Gambia is one of the few countries in the region with a significant tourism industry; trademark owners active in the service classes should file their trademarks in Gambia as soon as possible.