REGISTRATION OF COMPANIES & INTELLECTUAL PROPERTY DIVISION (RCIP)
Resitalaina o Kamupani ma mea totino tau i le mafaufau
Trade Marks
WHAT IS A TRADE MARK?
A trade mark is a distinctive sign or symbol which is used by an individual, business, or organisation to identify its products and/or services to consumers, as well as differentiate its products from others in the market. A trade mark is a form of intellectual property, and can be an invaluable tool in terms of advertising, marketing and branding activities.
A trade mark can be in the form of, but not limited to:
- logo, symbol, design, colours, name, word, phrase, image, sound or jingle
(Or a combination of the above)
A trade mark must be solely unique, and characterise the goods and services it is used for. A trade mark should not misinform the public or be deceptive concerning the nature of the business.
WHY REGISTER A TRADE MARK?
Registering a trade mark must be considered, as it provides the owner with legal protection. In cases of infringement, the owner of a registered trade mark can commence legal proceedings so as to prevent unauthorised use of the trade mark.
Common law in most countries may offer some automatic protection against infringement, but registering the trade mark will provide added protection.
HOW DO YOU REGISTER A TRADE MARK?
Applications to register a trade mark in Samoa are to be lodged with the Registration of Companies & Intellectual Property Division (RCIP) of MCIL, by completing the Application for Registration of Trade Mark Form and sending it with the appropriate fee to the Registry of Trade Marks. If you wish to appoint an Agent to act on your behalf, an Authorisation of Agent Form must be completed and submitted to the Registry of Trade Marks. Both forms are available for download (PDF) below.
Prior to applying for a trade mark, it is advisable to ensure that you:
- Perform a search to see if a similar or existing trade mark already exists
- Ensure your trade mark and/or all details of the trade mark are absolutely correct
- Prepare a comprehensive list of all the goods and services you want your trade mark to cover
The RCIP Division will then process the application. If it is approved, a Notice of Acceptance will be forwarded, it will then be published in the government newspaper as a public notice (if there are no objections to do so), and then a Certificate of Registration is formally prepared and issued.
BUSINESS PROCESS
Below is the usual procedure of processing Trade Mark Applications:
- The Ministry (MCIL) receives the completed application for approval
- The application is stamped with the date it was received
- Check filing fees/Payments (a Schedule of Fees form can be found below)
- The application is assigned a unique identification Number
- A complete file is prepared for the Trade Mark application
- Prepare filing receipt for the Proprietor/Agent
- A letter is prepared and dispatched to the Agent or Proprietor advising them of the Trade Mark Number
- A Search and examination is performed on the applicants trade mark
- Rejection:
In the event that an application for Trade Mark is rejected:
- The Agent/Proprietor is formally advised on the results of the Examination Report
- The Agent/Proprietor is provided time to reply concerning the rejection
- If an objection is issued by the Agent or Proprietor:
- Submit grounds of opposition
- A Notice of opposition is then sent to the applicant
- The Applicant can then submit a Counter Statement
- The Registrar will then consider the case and make a decision
- Approval:
- Once approved, a Notice of Acceptance is prepared and dispatched to the Agent or Proprietor
- If there are no objections, an advertisement is prepared and advertised in the Savali Newspaper (the Government newspaper) as a public notice
- A Certificate of Registration is formally prepared and issued
- The Certificate of Registration is then dispatched to the Agent or Proprietor
- All documentation pertaining to the Trade Mark is then filed
REGISTRATION FEE
The base fee to Register a Trade Mark is SAT$225.00, however please view the Schedule of Fees (PDF) below for full details of all fees payable.
FORMS
To view or print our forms, you will require PDF viewing software, such as
Adobe Acrobat Reader.
For more information on installing Acrobat Reader, please see the
Site Information section of this website.
 Trade Mark Application Form
File details:
Name: TM_application_form.pdf
Size: 53KB
Authorisation of Agent Form
File details:
Name: TM_agent_authorisation_form.pdf
Size: 63KB
Schedule of Fees
File details:
Name: trade_mark_fees.pdf
Size: 50KB
FURTHER INFORMATION
Should you require further information concerning Trade Marks, please contact:
Ministry of Commerce, Industry & Labour
Registration of Companies & Intellectual Property Division
4th Floor
ACC House
Apia SAMOA
Ministry of Commerce, Industry & Labour
Registration of Companies & Intellectual Property Division
P.O. Box 862
Apia SAMOA
Telephone: (+685) 20441
Facsimile: (+685) 20443
Email: mpal@mcil.gov.ws
Or please feel free to see our Contact Us page.
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