# Trademark registration in Samoa > Trademarks in Samoa are registered with the Registries of Companies and Intellectual Property, Ministry of Commerce, Industry and Labour (MCIL); third parties can oppose within 3 months from publication of the application. A registration lasts 10 years from the filing date and can be renewed. Samoa can be designated through the Madrid System. Source page: https://trademarkshub.com/trademarks/samoa Facts checked against official sources: 2026-10-11 ## Key facts - **Trademark office:** Registries of Companies and Intellectual Property, Ministry of Commerce, Industry and Labour (MCIL) - **Madrid Protocol:** Member since 2019 - **Opposition period:** 3 months from publication of the application - **Protection:** 10 years from the filing date, renewable - **Multi-class applications:** Allowed - **Foreign applicants:** Overseas applicants must be represented by a legal practitioner resident and practising in Samoa (Intellectual Property… ## Official links - Trademark office: https://mcil.gov.ws/services/intellectual-property - Online filing: https://ipros.mcil.gov.ws - Law: Intellectual Property Act 2011 (Act No. 9 of 2011, amended up to the Intellectual Property Amendment Act 2020) — https://www.wipo.int/wipolex/en/legislation/details/23389 - Law: Intellectual Property Regulations 2016 (S.R. 2016/11) — https://palemene.ws/PDFfiles/S.R. 2016-11 Intellectual Property Regulations 2016 - Eng_English.pdf ## Steps 1. Search the Samoan register through MCIL's online IP search (IPROS) and the IP Journal for earlier conflicting marks. 2. Classify the goods and services under the Nice Classification. 3. Overseas applicants appoint a legal practitioner resident and practising in Samoa and sign MCIL's Authorisation of Agent form. 4. File the Trade Mark Application Form with the fees at MCIL's Intellectual Property Unit, or online through the IP registration system, or designate Samoa in a Madrid international application. 5. The Registrar examines the application and, if accepted, publishes it in the IP Journal. 6. Third parties have 3 months from publication to oppose; if there is no successful opposition, the mark is registered for 10 years from the filing date. - **Examination:** The Registrar examines the application before it is published for opposition. No official examination period is stated. - **Publication:** Intellectual Property Journal published by MCIL on its website (accepted applications and grants). - **Opposition:** 3 months from publication of the application (Intellectual Property Act 2011, s 53); the applicant then has 2 months to file a counter-statement. - **Late renewal:** Renewal may be filed up to 12 months before expiry; renewal after expiry requires a late renewal fee (length of the late window not verified). - **Power of attorney:** An Authorisation of Agent form (MCIL template) must be filed where an agent is appointed; notarisation requirements were not verified. - **Use requirement:** a registration can be challenged after 3 years of non-use. ## Good to know - Samoa joined the Madrid Protocol with effect from 4 March 2019, so Samoa can be designated in an international registration. - Overseas applicants must use a legal practitioner resident and practising in Samoa as their agent. - A registered mark can be removed if it has not been genuinely used for a continuous period of 3 years (s 59), which is shorter than the 5 years used in many countries. - Several similar marks can be registered as a single series application (s 48(3)). ## FAQ ### Is Samoa part of the Madrid Protocol? Yes. The Madrid Protocol entered into force for Samoa on 4 March 2019. ### How long is a trademark valid in Samoa? Ten years from the filing date, renewable for further 10-year periods. ### How long is the trademark opposition period in Samoa? Three months from publication of the application in MCIL's IP Journal. ### Do foreign applicants need a local agent in Samoa? Yes. Overseas applicants must be represented by a legal practitioner resident and practising in Samoa. ### Which office registers trademarks in Samoa? The Registries of Companies and Intellectual Property within the Ministry of Commerce, Industry and Labour (MCIL). ### Can a Samoan trademark be cancelled for non-use? Yes. Any interested person can apply to remove a mark that has not been genuinely used for a continuous period of 3 years. ## Sources - MCIL – Intellectual property services: https://mcil.gov.ws/services/intellectual-property - MCIL – Intellectual Property Act 2011: https://mcil.gov.ws/node/38 - WIPO Lex – Samoa profile: https://www.wipo.int/wipolex/en/members/profile/WS - WIPO Lex – Intellectual Property Act 2011 (amended to 2020): https://www.wipo.int/wipolex/en/legislation/details/23389 - MCIL – Trade Mark Application Form 2018: https://www.mcil.gov.ws/wp-content/uploads/2021/02/Trade-Mark-Application-Form-2018.pdf - MCIL – Trademarks journal (example issue): https://www.mcil.gov.ws/wp-content/uploads/2024/12/Journal-Publication-2024-02.pdf - Parliament of Samoa – Intellectual Property Regulations 2016: https://palemene.ws/PDFfiles/S.R. 2016-11 Intellectual Property Regulations 2016 - Eng_English.pdf - WIPO Lex – Madrid Protocol contracting parties: https://www.wipo.int/wipolex/en/treaties/parties/8 Need a firm that files in Samoa? Find one at https://trademarkshub.com/trademarks/samoa (TrademarksHub lists IP firms by country; featured placements are paid and labelled). General information, not legal advice.