Trademarks Law in Samoa
Trademark law in Samoa is governed primarily by the Trade Marks Act 2019, which modernized the trademark registration and protection framework in the country.
📄 Trademark Registration Process in Samoa
Application Submission
Applications are filed with the Intellectual Property Office of Samoa (IPOS).
The application must include a clear representation of the trademark and a list of goods and/or services classified according to the Nice Classification.
Both residents and non-residents can apply, though non-residents must appoint a local agent.
Examination
IPOS conducts a formal and substantive examination to ensure the trademark meets registration criteria (distinctiveness, no conflicts, etc.).
Publication
Accepted trademarks are published in the Samoa Intellectual Property Journal.
A 60-day opposition period follows publication, during which third parties can oppose the registration.
Opposition
Oppositions must be based on valid grounds such as likelihood of confusion or prior rights.
Registration
If no opposition is filed or if resolved in favor of the applicant, the trademark is registered and a certificate of registration is issued.
⏳ Duration and Renewal
Term: Trademark registration lasts 10 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 10-year terms.
Grace Period: There is typically a grace period for late renewal with additional fees.
⚖️ Use Requirement and Cancellation
A trademark registration may be cancelled if it is not genuinely used in Samoa for 3 consecutive years.
Cancellation can be initiated by third parties or by the Registrar.
🌍 International Treaties
Samoa is a member of the Madrid Protocol, allowing international trademark registration designating Samoa.
Samoa is also a party to the Paris Convention, enabling priority claims.
🛡️ Enforcement
Trademark owners can enforce rights through civil courts in Samoa.
Remedies include injunctions, damages, and orders to stop infringing acts.
✅ Summary
Samoa’s trademark law is governed by the Trade Marks Act 2019, offering a clear process for registration, opposition, and enforcement.
Protection lasts 10 years, renewable indefinitely.
Use of the trademark is required to maintain rights, with cancellation possible for non-use.
Membership in international treaties facilitates wider protection and priority rights.
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