The short answer
Under the Intellectual Property Act 2011 (as amended up to 2020), a trade mark is registered for 10 years from the filing date and renewed for consecutive periods of 10 years. A renewal can be made within the 12 months before expiry, and a late renewal fee applies after the expiry date. Opposition is open for 3 months from publication, and a mark not genuinely used for 3 continuous years can be removed.
Trademark deadlines in Samoa at a glance
These rules come from the Intellectual Property Act 2011 as amended up to 2020 (Part on trade marks), in the English text on WIPO Lex. Fees and forms are set separately, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date of the application, renewable for consecutive periods of 10 years (Section 57). |
| Which date does the term count from? | The filing date of the application for registration (Section 57(1)). |
| When can I renew? | A renewal request can be made within the 12 months before the expiry date, with the prescribed renewal fee (Section 57(3)). |
| Is there a grace period? | A prescribed late renewal fee applies after the expiry date (Section 57(4)). The Act leaves the length of the late period to the Regulations, so we confirm it before advising. |
| Opposition period | A person can give written notice of opposition to the Registrar within 3 months from publication, stating the grounds. The applicant files a counter-statement within the time set, and the Registrar hears the parties (Sections 53 and 95). |
| Reply to an office action | The Registrar examines the application and tells the applicant of any problem. The applicant can respond, and decisions can be appealed under the Act. |
| Priority claim | Priority from an earlier application in a Paris Convention country can be claimed. We confirm the filing steps when we file. |
| Non-use | A mark can be removed from the Trade Marks Register for non-use if it has not been the subject of genuine use by the owner or a licensee during a continuous period of not less than 3 years (Section 59). |
| Assignment | Assignments and licences of a trade mark should be recorded with the Registrar. We confirm the formalities under the Act and the Regulations. |
| Invalidation | The Supreme Court must invalidate a registration if the person requesting proves the requirements of sections 45 and 47 are not met, and an invalidated mark has no legal effect from the start (Section 58). |
Who can register a trademark in Samoa
A person who uses or intends to use a trade mark can apply to the Registrar. The Act covers patents, designs, copyright and trade marks together.
Representation. We act as your agent before the Samoa Intellectual Property Office. We confirm any local representation rule under the Act before filing.
Trademark registration process in Samoa
Search
- Search the the Samoa Intellectual Property Office records for identical or similar marks in your classes.
File the application
- File with the the Samoa Intellectual Property Office, through your Samoan agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, a person can give written notice of opposition within 3 months. The applicant files a counter-statement, and the Registrar hears the parties (Section 53).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Samoa Intellectual Property Office and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Samoa trademark validity and renewal
- A registration lasts 10 years from the filing date.
- Renew within the 12 months before expiry.
- A late renewal fee applies after expiry.
- Use the mark to avoid removal after 3 years of non-use.
Diarise the 12-month renewal window from the filing date.
Assignment, licence and changes to a Samoan trademark
Invalidation
Supreme Court
The Supreme Court invalidates registrations that do not meet the requirements (Section 58).
Removal
Non-use
A mark unused for 3 continuous years can be removed (Section 59).
Renewal
10 years
Renew for consecutive periods of 10 years (Section 57).
Opposition
3 months
Written notice within 3 months from publication (Section 53).
Non-use and cancellation of a Samoan trademark
The Supreme Court can invalidate a registration where the registrability requirements were not met (Section 58). A mark can also be removed from the register for non-use over a continuous period of not less than 3 years (Section 59).
Keep dated proof of use in Samoa: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Samoa
Search the Trade Marks Register of the Samoa Intellectual Property Office for publication, registration and renewal dates.
Sources used
- Intellectual Property Act 2011 (Samoa), as amended up to 2020, English text on WIPO Lex: Sections 53, 57, 58, 59 and 95.
- The Samoa Intellectual Property Office for regulations, fees and forms.
Samoa trademark FAQ
How long does a trademark last in Samoa, and from when?
10 years from the filing date of the application, renewable for consecutive periods of 10 years (Section 57). It counts from the filing date (Section 57).
When should I renew a Samoan trademark, and is there a grace period?
A renewal request can be made within the 12 months before the expiry date, with the prescribed renewal fee (Section 57(3)).
What is the opposition period in Samoa?
A person can give written notice of opposition to the Registrar within 3 months from publication, stating the grounds. The applicant files a counter-statement within the time set, and the Registrar hears the parties (Sections 53 and 95).
How much does it cost to register a trademark in Samoa?
The official fee is set by the the Samoa Intellectual Property Office and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Samoa?
Yes. A foreign company can register a mark in Samoa. We arrange the filing through a local agent.
Can I assign a Samoan trademark?
Assignments and licences of a trade mark should be recorded with the Registrar. We confirm the formalities under the Act and the Regulations.
Can a Samoan trademark be cancelled for non-use?
A mark can be removed from the Trade Marks Register for non-use if it has not been the subject of genuine use by the owner or a licensee during a continuous period of not less than 3 years (Section 59).
How can I check the status of a Samoan trademark?
Use the the Samoa Intellectual Property Office register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority from an earlier application in a Paris Convention country can be claimed. We confirm the filing steps when we file.
How do I change the owner's name or address?
Record the change with the the Samoa Intellectual Property Office so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Samoa
SUPREMEiP® files trademarks worldwide through its network and checks every Samoan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
