Samoa, also known as the Independent State of Samoa, is located in the southern Pacific Ocean. Its current trademark regulations are mainly based on the Intellectual Property Law, which came into effect on October 1, 2012. The registration management agencies of the Ministry of Commerce, Ministry of Industry and Labor, Ministry of Companies and Intellectual Property of Samoa are responsible for managing trademark affairs. The official language is Samoan and English is commonly used. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The independent country of Samoa adopts the principle of "first use" for trademark registration. Samoa is a party to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and a member of the Madrid Protocol. Therefore, trademark registration can be handled through either "single country registration" or "Madrid international registration".
At present, trademark applications in Samoa adopt the Nice Classification 9th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Samoa include: text, name, graphics, slogan, color combination, scent, sound, hologram, dynamic image, etc.
If the applicant does not reside in Samoa, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Samoa is: application, acceptance, examination, announcement, approval, and issuance of a certificate. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
The objection period is within 3 months from the date of announcement. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Prior to conflicts of other rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Samoa takes 1 to 1.5 years; If there are any objections or rejections during the process, the time will be extended to 2-3 years.
The Samoa trademark is valid for 10 years after registration, starting from the date of application; Renewal must be processed within 12 months before the expiration date. If the trademark is not renewed within the deadline, the examiner may allow the trademark to be renewed with a grace period depending on the situation, but the specific grace period is not clearly stipulated in the law; The renewal is valid for 10 years.