Samoa, with its pristine natural beauty and unique cultural identity, is becoming an attractive destination for tourists worldwide. This opens up many opportunities for businesses that want to build a brand here. Samoa is famous for its pristine beaches, primeval rainforests, and traditional villages. Brands that focus on ecotourism, environmental protection, and indigenous cultural experiences will be very popular. High-end resorts, spas, and marine entertainment activities are also a potential market. Handicraft products made from natural materials such as wood, fiber, seashells, etc. are very popular with tourists. Sectors such as food, services, and e-commerce are very promising. To succeed in Samoa, brands need to blend tradition and modernity, deliver unique experiences, build strong communities, and most importantly, respect the local culture. Therefore, more and more individuals and organizations need to register a trademark in Samoa, but you need to note some information when registering a trademark in Samoa.
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Legal Basis
Law on Intellectual Property 2011 (Law No. 9 of 2011)
Notes on legal representation
Mandatory local lawyer: Businesses that are not based in Samoa or individuals who are not resident in Samoa are usually required to hire a local lawyer to represent them during the registration process. The requirement to be represented by a local lawyer when registering a trademark in Samoa is a common rule in many countries, including Samoa.
Why is there this regulation?
Complexity of legal procedures: Each country, including Samoa, has its own regulations on trademark registration. These regulations can change frequently and are quite complex. So, a local lawyer will have a thorough and in-depth view of these regulations and can help you complete the procedures accurately and quickly.
Language and Culture: Samoan is the official language here, and many legal documents are written in English or Samoan. Translating and understanding legal documents can be difficult for people who are not familiar with the language. A local lawyer will help you with language and cultural barriers.
Relationship with state agencies: Local lawyers often have good relationships with competent state agencies, which saves you time and effort in contacting and working with these agencies.
Protection of rights: In the event of a trademark dispute, a local lawyer will represent you to protect your legal interests and provide appropriate legal solutions.
Benefits of using the services of a local lawyer
Save time: A lawyer will help you complete administrative procedures quickly and efficiently.
Risk Mitigation: An attorney will help you avoid making mistakes that could lead to your application being rejected.
Increased likelihood of success: With experience and expertise, lawyers will increase your chances of successfully registering your trademark.
Long-term protection: A lawyer will help you protect your intellectual property rights throughout the trademark use process.
Notes on cultural elements on trademarks
In accordance with applicable law, you may not use the title matai, the name of a person, the name of a Samoan village, or words or religious symbols as a trademark
Why does Samoa have this regulation?
This regulation shows deep respect for the culture, traditions, and beliefs of the Samoan people. Matai titles, people’s names, village names, and religious symbols all have special significance in Samoan society, they are not just names but are also associated with the history, genealogy, and spiritual values of the community. The use of these elements for commercial purposes such as trademark registration may:
Reduces cultural value: When cultural elements are arbitrarily commercialized, they can lose their original deep meaning and become so popular that they degrade cultural value.
Misleading and controversial: The use of people’s names, village names, or religious symbols can cause misunderstandings and disputes between individuals or communities.
Infringement of intellectual property rights: In some cases, the use of these elements may infringe the intellectual property rights of individuals or communities.
Specific prohibited elements include
Matai Title: This is a noble title in Samoan society, often passed down through generations. The use of the matai title for commercial purposes is an insult to the bearers of this title.
Person’s Name: Includes both the first name and surname of the Samoan person.
Village Name: Every village in Samoa has its own history and culture. The use of village names for commercial purposes can affect the honor and reputation of the village.
Religious words, symbols: Words, images, or symbols related to the religion of Samoa are not allowed to be used as trademarks.
To register a trademark in Samoa, the applicant needs to file an application with the Intellectual Property Office of Samoa (RCIP) and attach the prescribed fees. The application must be made on the approved “Trademark Application” form. In addition, the registration dossier must also include the following documents:
Two thumbnails, clear images of the trademark to be registered: Accurately representing the logo, logo, or trademark design of the applicant.
Authorization of Agent (AOA):
According to Article 117(1) of the Intellectual Property Law 2011, all applicants with a “habitual residence or principal place of business outside Samoa” must be represented by a lawyer residing and practicing in Samoa.
This essentially requires the overseas applicant to complete a Power of Attorney (AOA), appointing a local lawyer (i.e., a lawyer or notary resident and practicing in Samoa) to file a new application on behalf of the applicant.
For local applicants: For applicants who reside and operate a business in Samoa, there is no need to file an Authorization of Attorney (AOA) if the local applicant chooses not to appoint a representative.
Classification of goods or services: Classification according to Nice Classification to determine the field in which the trademark is used.
Priority information (if any): Date, number and country of filing the first trademark application (if the applicant wishes to claim priority under the Paris Convention).
Signature or electronic identification format of the applicant or authorized representative.
If you wish to file a trademark registration application in Samoa, please contact Viet An Law for the most effective support.
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