Samoa
Trademark Registration in Samoa - Protect Your Brand Nationwide
Trademark registration in Samoa is administered by the Samoa Intellectual Property Office (SIPO), operating under the Ministry of Commerce, Industry and Labour (MCIL). SIPO is the competent authority responsible for the filing, examination, publication, opposition, and registration of national trademarks in Samoa. The trademark system is governed by the Intellectual Property Act 2011 and operates on a first-to-file principle. Samoa is a member of the World Trade Organization (WTO) and a signatory to the Paris Convention for the Protection of Industrial Property, ensuring national treatment and priority rights for foreign applicants. As a Pacific Island nation and member of the Pacific Islands Forum, Samoa also benefits from regional intellectual property cooperation frameworks
Introduction
Samoa is a sovereign Pacific Island nation comprising two main islands — Upolu and Savai'i — and several smaller islands, located in the central South Pacific Ocean. Samoa is a member of the World Trade Organization (WTO), the Pacific Islands Forum (PIF), the Commonwealth of Nations, and the Alliance of Small Island States (AOSIS). The country's economy is driven by remittances, tourism, agriculture, fisheries, and a growing financial services sector. Trademark protection in Samoa is governed by the Intellectual Property Act 2011 (as amended), administered by the Samoa Intellectual Property Office (SIPO) under the Ministry of Commerce, Industry and Labour (MCIL). Samoa's IP framework is TRIPS-compliant, reflecting its WTO membership, and is aligned with international standards through accession to the Paris Convention. Registration is essential for any business seeking to build, protect, license, or expand a brand within Samoa and across the Pacific region.
Why Trademark Registration in Samoa Is Important for Brand Protection?
Exclusive Rights: Grants you exclusive legal ownership and control over your trademark for the registered goods and services throughout the territory of Samoa, enforceable against all third parties.
Legal Enforcement: Enables you to take action against infringement, counterfeiting, and passing off through SIPO, the Supreme Court of Samoa, and Samoa Customs, with civil and criminal remedies available under the Intellectual Property Act 2011.
Nationwide Protection: Secures trademark protection across the entire territory of Samoa, including the main islands of Upolu and Savai'i, and supports border measures against counterfeit and infringing goods administered by Samoa Customs.
Pacific Market Access: A Samoan registration provides a strong platform for brand protection within Samoa and supports broader Pacific regional expansion, particularly given Samoa's role as a hub for Pacific commerce and inter-island trade.
Market Positioning: Strengthens brand identity, builds consumer trust, and enhances competitive standing in one of the Pacific's most strategically positioned and tourism-driven island economies.
Asset Value: A registered trademark is a transferable intangible asset that can be licensed, franchised, pledged, or assigned to support commercial growth, financing, and corporate transactions.
Paris Convention Priority: As a Paris Convention member, Samoa recognises six-month priority rights for foreign applicants who have previously filed in another Convention country, providing a window to extend protection to Samoa without losing the original filing date.
Trademark Registration Procedure in Samoa
Here is the step-by-step process followed for trademark registration in Samoa. Legacy Partners manages each stage on your behalf — from initial clearance through to issuance of the registration certificate by SIPO.
Samoa Trademark Search & Clearance
We begin with a comprehensive availability search across the SIPO national register and related common law databases across the Pacific region. Once clearance is confirmed, the application strategy is determined — whether to file nationally with SIPO directly or in combination with other Pacific jurisdiction filings as part of a broader regional IP strategy.
Application Filing
The trademark application is prepared and filed with SIPO. The application must include the applicant's full details, a clear representation of the mark, the class(es) of goods and/or services under the Nice Classification, and the required official fees. A power of attorney may be required for foreign applicants acting through a local agent. Applications may be filed in English or Samoan.
Formal & Substantive Examination
SIPO conducts a formal examination verifying applicant details, fees, representation of the mark, and classification, followed by substantive examination on absolute grounds including distinctiveness, descriptiveness, deceptiveness, and public policy compliance. If an office action is raised, a response must be filed within the prescribed deadline.
Acceptance and Publication
Once the application clears examination, it is published in the Samoa Intellectual Property Gazette, opening it to third-party scrutiny.
Opposition Period
Third parties holding prior rights may file an opposition within two (2) months from the date of publication. Grounds include identity or similarity with an earlier registered or pending mark, well-known marks under Article 6bis of the Paris Convention, or bad faith. Opposition proceedings are conducted before the SIPO Registrar.
Registration & Certificate
If no successful opposition is raised, SIPO enters the mark in the Register of Trade Marks, issues a Certificate of Registration, and publishes the registration in the Samoa Intellectual Property Gazette.
Validity & Renewal
The Samoan trademark is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods on payment of renewal fees. A grace period is available for late renewal, subject to surcharge.
Governing Law
Trademark protection in Samoa is principally governed by the Intellectual Property Act 2011 (as amended), together with associated IP Regulations made thereunder. The Act provides a comprehensive framework for the registration, protection, and enforcement of trademarks, patents, industrial designs, and other intellectual property rights. Samoa's IP regime is TRIPS-compliant, consistent with its membership in the World Trade Organization (WTO). Samoa is a signatory to the Paris Convention for the Protection of Industrial Property, ensuring national treatment, priority rights, and protection of well-known marks under Article 6bis. Samoa is a member of the Nice Agreement on the International Classification of Goods and Services, applying the 45-class Nice Classification for trademark applications. Note that Samoa is not currently a member of the Madrid Protocol; international trademark protection in Samoa requires a direct national filing with SIPO.
Trademark Classes in Samoa (Nice Classification)
Samoa follows the Nice Classification system, which categorises trademarks into 45 classes — 34 for goods (Classes 1–34) and 11 for services (Classes 35–45). SIPO permits multi-class applications, and expert guidance from a qualified local agent is essential to select the right class or combination of classes to ensure complete and enforceable protection across all relevant goods and services.
Trademark Services Available in Samoa
Attorney-Assisted Search
In-depth legal search of the SIPO register and regional Pacific databases to identify potential conflicts before filing.
Trademark Registration Services
Complete filing and application management for Samoan national trademarks — handled by qualified local agents accredited with SIPO.
Trademark Renewal Services
Hassle-free renewals to maintain your Samoan trademark protection, with proactive deadline monitoring and docketing
Watch & Monitoring Services
Continuous monitoring of newly filed and published marks in Samoa and across the Pacific to identify potential conflicts at the earliest opportunity.
Ownership Transfer / Assignment
Efficient handling of trademark ownership transfers, mergers, and corporate restructuring recordals with SIPO.
Licensing & Franchising Support
Expert guidance to license, franchise, or expand your Samoan brand within the islands and across the broader Pacific Island market.
Opposition & Enforcement
End-to-end representation in opposition, cancellation, civil, and criminal infringement proceedings before SIPO and the Supreme Court of Samoa.
Customs Recordal & Anti-Counterfeiting
Recordal of trademarks with Samoa Customs and coordination of seizure actions at ports and borders, including Apia Port and Faleolo International Airport.
Documents for Filing
Applicant name & business entity (individual, company, or partnership)
Trademark details (word mark, logo, combined, or other type)
Classes of goods/services (Nice Classification)
Classes of goods/services (Nice Classification)
List of goods/services (clear and specific specification)
Priority documents (if claiming Paris Convention priority within 6 months of original filing)
Proof of company incorporation (for corporate applicants, if requested)
Fees are indicative and subject to change. Contact us for the latest details.
**Last updated on: March 17, 2026
Timeline
Approximately 6 to 12 months for registration in a straightforward case without objections or oppositions. Where no opposition is filed and all examination issues are resolved promptly, the process can complete within 6 to 9 months. Where Paris Convention priority is claimed, timelines run from the original overseas filing date. As Samoa is not a member of the Madrid Protocol, there is no international designation route; all applications must be filed directly with SIPO.
Validity & Renewal
The trademark is protected for 10 years from the filing date, renewable indefinitely for further 10-year periods by paying the renewal fee. A grace period is available after expiry, subject to payment of a late renewal surcharge. The trademark must be put to genuine use in Samoa within a reasonable period following registration; failure to do so may expose the mark to revocation on grounds of non-use upon application by any interested third party before SIPO or the Supreme Court of Samoa.
Trademark Registration Procedure in Samoa
Book a 1:1 consultation with our trademark specialists.
Here is the step-by-step process followed for trademark registration in Samoa.
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