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Samoa Trademark Registration 

A trademark attorney will process your trademark registration in Samoa through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

     

  • If I register my trademark in Samoa, do I have protection in other territories?

    The territorial limit of registration is Samoa.

  • Do I need to sign a Power of Attorney?

    Yes, a power of attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes, pre-filing use:

    • may demonstrate acquired distinctiveness
    • may help overcome an objection on the grounds of non-distinctiveness
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Samoa?
    • names
    • words
    • devices
    • colours
    • certain three-dimensional shapes
    • sounds
    • slogans
    • holograms
    • smells
    • trade dress/get-up
    • motion
    • touch
    • taste
    • service marks
    • collective marks
  • What are the phases of application after a trademark has been filed in Samoa?

    The order of the application process is as follows:

    1. Examination of the application in respect to:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration
    2. Publication of the application particulars:
      • name of applicant
      • application number
      • citizenship of applicant
      • address of applicant
      • state or country of incorporation of applicant
      • goods/services
      • application date
      • representation of trademark
      • priority claim information
    3. Registration
  • What type of trademark is not registrable?
    • marks contrary to moral standards or public order
    • names, flags or symbols of states, nations, regions or international organizations
    • non-distinctive marks
    • surnames;
    • geographic location names
    • marks identical with a well-known mark or trade name
    • matai titles
    • names of persons
    • names of Samoan villages
    • names of religious words or symbols
  • Does Samoa use the "Nice Classification" system?

    Samoa uses the Nice Classification System.

  • Does the Community Trademark apply for Samoa?

    Samoa does not follow the Community Trade Mark registration.

  • Is there any possibility to claim priority in Samoa?

    Priority applications can be claimed if:

     

    • the applicant's home country is a member of the Paris Convention
    • the home application was filed six months earlier than the application in Samoa
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within a three-year period.

     

    The amount of use can be minimal and must occur in Samoa.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the application date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legal to use an unregistered mark for any goods or services.


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