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Samoa (WS)

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Legal basis is the Intellectual Property Act 2011, in force since 1 October 2012.
Samoa is not a member of the Madrid Agreement, Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
Nice classification, 9th edition
The Intellectual Property Act 2011 allows for the registration of marks including any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound, scent or taste, and any combination of the mentioned marks.
The following trademark types are registrable: trademarks, service marks, and collective marks.
The application is filed at the Office of the Registrar of Trade Marks
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
A power of attorney signed by the applicant or authorised person is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the Savali (a Samoan periodical publication) prior to registration.
The approximate time frame for completing the registration process of a trademark in Samoa is from 1 to 2 years.
National:
The opposition period is 3 months from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Although the Intellectual Property Act allows for renewals after the expiry date of a registration, it does not prescribe any grace period. A trademark may be renewed 12 months prior to its expiry.


Further practical details are available in our publication on this topic here
If the trademark has not been used by the registered owner or licensee during a continuous period of not less than 3 years from the date of registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is WST 225.00 for one class and WST 225.00 for each additional class. The publication fee is WST 38.00 per class.


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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
01-19-2015
Munro Leys, Lawyers & Notaries Public, Suva, Fiji