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Samoa (WS)

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Dez 13, 2018 (Newsletter Issue 21/18)
Accession to Madrid Protocol
On December 4, 2018, the Government of Samoa deposited its instrument of accession to the Madrid Protocol.

The deposit includes declarations under Articles 5(2)(b) and (c) of the Protocol (extension of the refusal period to 18 months and beyond for oppositions), Article 8(7) of the Protocol (individual fees), and Rule 20bis(6)(b) (recording of licenses in the International Register has no effect in Samoa), of the Common Regulations.

Furthermore, Samoa has made notifications, in accordance with new Rule 40(6) of the Common Regulations, concerning new Rules 27bis(1) (division of international registrations) and 27ter(2) (merger of international registrations resulting from the recording of the division of an international registration).

The Protocol will enter into force for Samoa on March 4, 2019.


Source: www.wipo.int

Legal basis is the Intellectual Property Act 2011, in force since 1 October 2012 and the Intellectual Property Amendment Act 2018.
Samoa is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 9th edition
The Intellectual Property Act 2011 allows for the registration of marks including any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound, scent or taste, and any combination of the mentioned marks.
The following trademark types are registrable: trademarks, service marks, and collective marks.
The application is filed at the Ministry of Commerce, Industry, & Labour.
Multiple-class applications are possible.
An application can include goods and services in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
A power of attorney signed by the applicant or authorised person is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the Savali (a Samoan periodical publication) prior to registration.
The approximate time frame for completing the registration process of a trademark in Samoa is from 1 to 2 years.
National:
The opposition period is 3 months from the publication date of the application in the Savali (a Samoan periodical publication).

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.


Further practical details are available in our publication on this topic here
If the trademark has not been used by the registered owner or licensee during a continuous period of not less than 3 years from the date of registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is WST 300.00 for one class and WST 300.00 for each additional class. The publication fee is WST 38.00 per class. The applicant will also be asked to cover the advertisement fees which include an admin fee of WST 5.00 plus the advertisement costs in the Savali newspaper.

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Mai 11, 2019
AJ Park, Auckland, New Zealand  

Nov 20, 2017
AJ Park, Auckland, New Zealand  

Jan 19, 2015
Munro Leys, Lawyers & Notaries Public, Suva, Fiji



Ministry of Commerce, Industry, & Labour (MCIL)
PO Box 862
Apia
Samoa

Tel +685 20441
Fax +685 20443
Mail mpal@mcil.gov.ws
www.mcil.gov.ws