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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.
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If I register my trademark in Samoa, do I have protection in other territories?
The territorial limit of registration is Samoa.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required.
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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
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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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
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What are the phases of application after a trademark has been filed in Samoa?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- 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
- Registration
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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
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Does Samoa use the "Nice Classification" system?
Samoa uses the Nice Classification System.
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Does the Community Trademark apply for Samoa?
Samoa does not follow the Community Trade Mark registration.
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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
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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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.