Samoa’s new Intellectual Property Act came into effect on 1 October 2012.
Registration and Protection of Patents
There are two types of patent applications in Samoa, those being standard Samoan patent applications (whether or not claiming ‘informal’ Paris Convention priority) and innovation patents (lower level of inventiveness – similar to an Australian innovation patent).
Registration and Protection of Trade Marks
Samoan trade mark applications can be lodged directly with the Ministry of Commerce Industry and Labour. On December 4, 2018, the Government of Samoa deposited its instrument of accession to the Madrid Protocol, making Samoa the 103rd member of the Madrid System (World Intellectual Property Organization – WIPO), which now covers 119 countries. The Protocol will enter into force for Samoa on March 4, 2019.
Once a trade mark is registered, it is protected for a period of 10 years. All registered trademarks are to be renewed within 12 months before the expiry date.
Government fee 263 US$ (consisting of 225 UD$ application fee and 38 UD$ advertisement fee) is for only one class. 1 additional class will be 150 US$
Offshore Company Corp support to registration: 499 US$
Application Approximate process duration for straightforward cases: 10 to 12 months.
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