Trademarks Law in American Samoa (US)
Here’s an overview of trademark law in American Samoa, a U.S. territory:
🇺🇸 Trademark Law in American Samoa
🔹 Governing Law
American Samoa, as an unincorporated territory of the United States, is primarily governed by U.S. federal trademark law.
The key law is the Lanham Act (Trademark Act of 1946), which applies nationwide, including American Samoa.
There is no separate trademark statute specific to American Samoa.
Local laws or regulations may exist but do not override federal trademark law.
🔹 Trademark Protection
Trademarks are protected if they are:
Distinctive words, logos, symbols, slogans, or combinations thereof
Used in commerce to identify and distinguish goods or services
Protection arises from:
Use in commerce (common law rights)
Federal registration with the United States Patent and Trademark Office (USPTO)
🔹 Registration
While common law trademark rights can exist from use in American Samoa, federal registration with the USPTO provides stronger protections, including:
Nationwide constructive notice of ownership
Exclusive right to use the mark on or in connection with the registered goods/services nationwide
Ability to bring infringement suits in federal court
Eligibility for enhanced remedies (statutory damages, attorney’s fees)
American Samoa-based businesses can apply for USPTO trademark registration just like businesses in any U.S. state.
🔹 Enforcement
Trademark infringement claims are handled by federal courts.
Remedies include:
Injunctions to stop infringement
Monetary damages and profits
Possible destruction of infringing goods
Attorney’s fees in exceptional cases
The Lanham Act prohibits confusingly similar marks, dilution of famous marks, and false advertising.
🔹 Duration and Renewal
Trademark registration lasts for 10 years and can be renewed indefinitely every 10 years, provided the mark remains in use.
Renewal filings require:
Declaration of continued use
Payment of renewal fees
🔹 Common Law Rights
Even without registration, businesses in American Samoa have common law trademark rights based on use.
These rights are limited to the geographic area where the mark is used and recognized.
Summary
| Aspect | Details |
|---|---|
| Governing law | U.S. Lanham Act (federal trademark law) |
| Protection basis | Use in commerce + USPTO registration |
| Registration | Federal registration via USPTO |
| Enforcement | Federal courts, Lanham Act remedies |
| Duration | 10 years, renewable indefinitely |
| Common law rights | Limited geographic scope based on use |
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