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Trademark Search in American Samoa

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Trademark Registration in American Samoa

Work with a local trademark attorney to file your trademark for registration. Take advantage of our easy, fast & efficient process. No hidden fees.

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Trademark application form for American Samoa

Submit an online form in order to request your trademark registration in American Samoa. You can pay later or have your personal consultant check your form first.

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1. Trademark Registration in American Samoa

The trademark registration process in American Samoa is governed by the American Samoa Trademark Act, which is modeled after the United States federal trademark law. The process involves several steps, including:

  1. Trademark search: Before filing a trademark application, it is important to conduct a search to ensure that the desired trademark is not already in use or registered by another party. The search can be done using the American Samoa Trademark Office database, which can be accessed online.
  2. Filing the application: Once the search is complete, the next step is to file the trademark application with the American Samoa Trademark Office. The application must include a description of the goods or services associated with the trademark, as well as the name and address of the trademark owner.
  3. Examination: After the application is filed, it will be examined by the American Samoa Trademark Office to determine whether it meets the requirements for registration. The examination may include a review of the trademark's distinctiveness, potential for confusion with other marks, and compliance with other legal requirements.
  4. Publication: If the trademark application is approved, it will be published in the American Samoa Trademark Office's official gazette, giving other parties an opportunity to oppose the registration of the mark.
  5. Opposition: If a third party opposes the registration of the trademark, a proceeding will be initiated to resolve the dispute. This may involve a hearing before the Trademark Trial and Appeal Board.
  6. Registration: If the trademark application is not opposed, or if the opposition is resolved in favor of the trademark owner, the mark will be registered with the American Samoa Trademark Office.

Once the trademark is registered, it will be protected against unauthorized use by other parties in American Samoa. The registration is valid for ten years, after which it can be renewed for additional ten-year periods.


 

2. How to register a trademark in American Samoa

a. Trademark Registration Process in American Samoa. 

The trademark registration process in American Samoa is governed by the American Samoa Trademark Act, which is modeled after the United States.

b. Types of Trademarks in American Samoa.

 In American Samoa, the following types of trademarks can be registered:

  1. Word marks: These are trademarks that consist only of words, letters, or numbers, without any design or graphical elements.
  2. Design marks: These are trademarks that consist of a graphical element or design, without any words or letters.
  3. Combination marks: These are trademarks that consist of both a design element and a word or letter element.
  4. Service marks: These are trademarks that are used to identify services rather than goods. Service marks are used to distinguish the services of one provider from those of another.
  5. Certification marks: These are trademarks that are used to certify the quality or origin of goods or services. Certification marks are used by organizations or associations to certify that goods or services meet certain standards.
  6. Collective marks: These are trademarks that are used by groups or associations to indicate membership in the group or association. Collective marks are used to indicate that goods or services come from members of a particular group or association.
  7. Trade dress: This refers to the overall visual appearance and design of a product or packaging, including the shape, color, texture, and graphics used. Trade dress can be protected as a type of trademark if it is distinctive and identifies the source of the product or service.

In American Samoa, all of these types of trademarks can be registered and protected under the American Samoa Trademark Act.

c. Registration requirements in American Samoa.

 To register a trademark in American Samoa, the following requirements must be met:

  1. Use of the trademark: The trademark must be currently in use or intended to be used in commerce in American Samoa. The use of the trademark must be lawful and not violate any third-party rights.
  2. Distinctiveness: The trademark must be distinctive and not generic or descriptive. A distinctive trademark is one that is capable of identifying and distinguishing the goods or services of the trademark owner from those of other parties.
  3. Specifying the goods or services: The trademark application must specify the goods or services associated with the trademark. The description must be clear and accurate and include all goods or services for which the trademark is used or intended to be used.
  4. Proper application: The trademark application must be filed in the proper form and with the required fee. The application must include the name and address of the trademark owner, a clear image or representation of the trademark, and a description of the goods or services associated with the trademark.
  5. Eligibility: The trademark owner must be eligible to register the trademark. Individuals, corporations, partnerships, and other legal entities can register trademarks in American Samoa.
  6. Compliance with legal requirements: The trademark application must comply with all legal requirements, including those related to the use of the trademark, the form and content of the application, and any additional requirements set by the American Samoa Trademark Office.

Overall, the registration requirements for trademarks in American Samoa are similar to those in other jurisdictions and are designed to ensure that registered trademarks are distinctive, accurately described, and lawfully used in commerce.

d. Trademark Priority in American Samoa.

In American Samoa, trademark priority is determined based on the first-to-use principle. This means that the first person or entity to use a trademark in commerce has priority over other subsequent users, even if the subsequent user registers the trademark before the first user.

This principle is based on common law and is recognized in American Samoa under the American Samoa Trademark Act. Under this principle, the trademark owner who is the first to use the trademark in commerce has the right to use and protect the trademark against other parties.

However, it is important to note that registering a trademark with the American Samoa Trademark Office can provide additional legal protections and benefits, including the ability to sue for infringement, and establish a presumption of ownership and validity of the trademark.

Therefore, even if a trademark owner has established priority through use, it is still recommended to register the trademark to obtain additional legal protections and benefits.

e. Trademark Database in American Samoa.

The American Samoa Trademark Office maintains a database of registered trademarks and pending trademark applications. The database is accessible to the public and can be searched online through the American Samoa Department of Commerce website.

The database contains information about registered trademarks, including the name and address of the trademark owner, a description of the goods or services associated with the trademark, and the registration date and status.

3. Free Trademark Search in American Samoa.

  1. How to perform a detailed trademark search. 

Before filing a trademark application, it is important to conduct a search to ensure that the desired trademark is not already in use or registered by another party. The search can be done using the American Samoa Trademark Office database, which can be accessed online.

  1. Where can I search for trademarks in American Samoa. 

Using the American Samoa Trademark Office database, individuals and businesses can search for existing trademarks to ensure that their proposed trademark does not infringe on an existing mark. They can also monitor the status of pending trademark applications to determine whether their application has been approved or whether there are any pending oppositions or disputes.

Overall, the trademark database maintained by the American Samoa Trademark Office is a valuable resource for individuals and businesses seeking to protect their trademarks or register new trademarks in American Samoa.

  1. Unregistrable trademarks in American Samoa. 

In American Samoa, certain types of trademarks are considered unregistrable and cannot be protected under the American Samoa Trademark Act. The following are some examples of unregistrable trademarks in American Samoa:

  1. Generic or descriptive marks: Trademarks that are considered to be generic or descriptive of the goods or services they identify are generally unregistrable. For example, a trademark for "soda" to identify soft drinks would be considered unregistrable.
  2. Deceptive marks: Trademarks that are likely to deceive consumers are unregistrable. For example, a trademark for "100% natural" to identify a product that contains artificial ingredients would be considered deceptive.
  3. Immoral or scandalous marks: Trademarks that are considered to be immoral or scandalous are unregistrable. For example, a trademark that is offensive or vulgar would be considered unregistrable.
  4. Marks that violate the law: Trademarks that violate any laws or regulations are unregistrable. For example, a trademark that violates anti-discrimination laws or promotes illegal activities would be considered unregistrable.
  5. Marks that are confusingly similar to existing trademarks: Trademarks that are confusingly similar to existing trademarks are unregistrable. This includes marks that are similar in appearance, sound, or meaning to existing trademarks.

Overall, unregistrable trademarks in American Samoa are those that are likely to cause confusion, deceive consumers, or violate any laws or regulations. It is important to conduct a thorough search before filing a trademark application to ensure that the proposed mark is registrable and does not infringe on existing marks.

4. Trademark Office in American Samoa. 

The American Samoa Trademark Office is a division of the American Samoa Department of Commerce that is responsible for the registration and protection of trademarks in American Samoa. The office is located in Pago Pago, the capital of American Samoa.

The American Samoa Trademark Office is responsible for receiving and processing trademark applications, examining trademark applications for compliance with legal requirements, and registering trademarks that meet the requirements for registration.

  1. Address of the Trademark Office in American Samoa.

The address of the American Samoa Trademark Office is:

American Samoa Department of Commerce

Trademark Registration Division

PO Box 5808

Pago Pago, American Samoa 96799

5. After Registration in American Samoa. 

  1. For how long is a mark valid?

 In American Samoa, a registered trademark is valid for an initial period of 10 years from the date of registration. After the initial 10-year period, the trademark registration can be renewed for successive 10-year periods by filing a renewal application and paying the renewal fee.

  1. Trademark Registration Certificate.

 In American Samoa, after a trademark is registered, the American Samoa Trademark Office will issue a trademark registration certificate to the trademark owner. The registration certificate serves as official proof of registration and provides information about the trademark.

  1. How to maintain your mark after registration?

 It is important to note that the trademark owner is responsible for monitoring and renewing their trademark registration, as the American Samoa Trademark Office does not automatically send renewal notices. Failure to renew a trademark registration may result in the cancellation of the registration and the loss of trademark protection.

Overall, trademark protection in American Samoa can be maintained for as long as the trademark is in use and the registration is properly renewed.

 

6. Trademark Renewal in American Samoa. 

  1. How to renew a trademark in American Samoa.

In American Samoa, a registered trademark is initially valid for 10 years from the date of registration. After the initial 10-year period, the trademark registration can be renewed for successive 10-year periods by filing a renewal application and paying the renewal fee.

The renewal application can be filed up to 6 months before the expiration date of the trademark registration, or within a grace period of 6 months after the expiration date. However, if the renewal application is filed during the grace period, a late renewal fee will apply.

To renew a trademark registration in American Samoa, the trademark owner or their authorized representative must file a renewal application with the American Samoa Trademark Office. The renewal application should include the following information:

  1. Trademark registration number
  2. Name and address of the trademark owner
  3. Description of the goods or services associated with the trademark

The renewal fee in American Samoa varies depending on the number of classes of goods or services associated with the trademark. If the renewal application is approved, the American Samoa Trademark Office will issue a new registration certificate reflecting the updated renewal information.

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