News Archive (2)Dec 05, 2019 (Newsletter Issue 17/19)Accession to Hague Agreement on International Registration of Industrial DesignsOn October 2, 2019, the Government of Samoa deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
The instrument of accession was accompanied by the following declarations:
– the declaration referred to in Article 11(1)(a) of the 1999 Act, whereby the maximum period for the deferment of the publication of an industrial design provided for by the legislation of Samoa is 12 months from the filing date or, where priority is claimed, from the priority date; and
– the declaration as required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Samoa in respect of industrial designs is 15 years.
In accordance with Article 28(3)(b) of the 1999 Act, the 1999 Act and the declarations made will enter into force, in respect of Samoa, on January 2, 2020.
For further information, please check hereSource: www.wipo.int Dec 13, 2018 (Newsletter Issue 21/18)
Accession to Madrid Protocol
On December 4, 2018, the Government of Samoa deposited its instrument of accession to the Madrid Protocol.
The deposit includes declarations under Articles 5(2)(b) and (c) of the Protocol (extension of the refusal period to 18 months and beyond for oppositions), Article 8(7) of the Protocol (individual fees), and Rule 20bis(6)(b) (recording of licenses in the International Register has no effect in Samoa), of the Common Regulations.
Furthermore, Samoa has made notifications, in accordance with new Rule 40(6) of the Common Regulations, concerning new Rules 27bis(1) (division of international registrations) and 27ter(2) (merger of international registrations resulting from the recording of the division of an international registration).
The Protocol will enter into force for Samoa on March 4, 2019.
Source: www.wipo.int
The legal basis is the Intellectual Property Act 2011, in force since 1 October 2012 and the Intellectual Property Amendment Act 2018.
Samoa is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
ClassificationNice classification, 9th edition
What is Registrable as a TrademarkThe 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, color, sound, scent or taste, and any combination of the mentioned marks.
The following trademark types are registrable: trademarks, service marks, and collective marks.
Registration ProceedingsThe application is filed at the Ministry of Commerce, Industry, & Labour.
Multi-class applications are possible.
Series trademarks are possible.
An application can include goods and services in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
Authorization of agent form signed by the applicant or authorized 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 newspaper (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.
Opposition PeriodNational:The opposition period is 3 months from the publication date of the application in the Savali newspaper (a Samoan periodical publication).
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationProtection begins with the date of application. Trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
hereThe official application fee is WST 300 for one class and WST 300 for each additional class. There is additional fee of WST75 for filing a series trade mark. The publication fee is WST 100 per class. The applicant will also be asked to cover the advertisement fees which include an admin fee of WST 5 plus the advertisement costs in the Savali newspaper.
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More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
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