Trademarks in Samoa

Competent Authority

• Name of Office: Samoa Intellectual Property Office (SIPO), operating under the Ministry of Commerce, Industry and Labour (MCIL)
• Working Language: English or Samoan
• System Type: Independent national system (governed by the Intellectual Property Act 2011 and Intellectual Property Amendment Act 2018)

International Treaties

• Madrid Protocol: Member
• Paris Convention: Member
• Madrid Designation: Samoa can be designated through the Madrid System, alongside the option for direct national filings.

Who Can Apply

• Applicants: Natural persons and legal entities.
• Local Representative Requirement: Foreign applicants without a domestic domicile or principal place of business in Samoa are required under Section 117(1) of the IP Act to appoint a local authorized agent or representative.
• Power of Attorney: An Authorization of Agent / Power of Attorney form (simply signed) is required for overseas applicants.

Online Filing and Search

• Electronic Filing: Managed via the Ministry of Commerce, Industry and Labour systems and local agent channels.
• Search Database: Preliminary checks can be conducted through local registration resources and the intellectual property directories provided via MCIL.

Protectable Trademark Types

• Types: Word marks, figurative elements, and series of trademarks.
• Translation/Transliteration: Foreign words or non-English/non-Samoan characters must be accompanied by accurate translations and transliterations.

Classification

• Classification System: Nice Classification (typically referencing standard edition schedules adopted by the registry).
• Multi-Class Applications: Supported (a single application can cover multiple classes of goods or services).
• Extra Fees: Additional official charges apply for each extra class.

Examination

• Absolute Grounds: Examined ex officio by the Registrar for compliance, distinctiveness, and statutory prohibitions.
• Relative Grounds: Examined by the office against prior conflicting marks on the national register.

Publication and Opposition

• Opposition Period: 3 months from the date the application is published in the official government publication (Savali).
• Standing: Any interested third party may file an opposition notice.

Timelines

• Registration Timeline: Approximately 6 to 12 months for an unopposed application to proceed from filing to registration.

Official Fees

• Application Fee: WST 300 for the first class (and WST 300 for each additional class).
• Series Trademark Fee: Additional fee of WST 75 for filing a series trademark.
• Source: MCIL Schedule of Fees / Country Index official regulatory data.

Protection Term and Renewal

• Protection Term: 10 years, calculated from the initial filing date.
• Renewal Grace Period: Registrations are renewable for successive 10-year terms, with renewal requests submitted within the 12 months leading up to expiry.

Use Requirement

• Non-Use Cancellation: A trademark can be vulnerable to cancellation proceedings if it is not put to genuine use, noting standard non-use thresholds under local cancellation frameworks (such as lack of use within 3 years and 1 month).
• System Type: "First-to-file" jurisdiction, acknowledging Paris Convention 6-month priority rights.

Post-Registration Procedures

• Assignments and Licenses: Changes of ownership, corporate name/address adjustments, and license agreements must be officially recorded with the registry to maintain legal efficacy against third parties.

Legal Remedies

• Cancellation & Infringement: Contentious cancellation actions, invalidity claims, and infringement disputes are brought before the relevant judicial authorities, such as the Supreme Court of Samoa, or managed via SIPO administrative proceedings.

Country-Specific Risks and Practical Notes

• Notice that publication of accepted applications occurs locally through the official government publication (Savali), meaning monitoring local gazettes or retaining a local agent is critical for watching opposition windows. Because Samoa participates in the Madrid Protocol, international brand owners can choose between direct national filings through local representatives or designating Samoa via the international Madrid route.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.