Intellectual Property -
American Samoa
Intellectual Property (“IP”) refers to creations of the mind, such as art, logos, names, and literary works. Protecting your IP ensures your ability to receive credit for your work, protect against infringement, fend off unfair competition, and control distribution, reproduction, and display.
Trademarks
Trademarks can be words, symbols, sounds, colors, or shapes used to designate a business or product. The trademark must be in connection with certain classes of goods and/or services, so consumers know what is being offered when they see the trademark.
In the United States, trademarks are registered with the U.S. Patent and Trademark Office (“USPTO”), as well as state-operated trademark systems. In the case of American Samoa, a USPTO registration is advisable, but we also recommend registration with the Office of the Territorial Registrar. Registering the mark with the Territorial Registrar protects it against infringement and unauthorized use within American Samoa under territorial laws that are easier to enforce in the local court system. A trademark, trade name, print, or label may be registered with the Territorial Registrar. Registering a mark with the Territorial Registrar grants the owner exclusive rights over the mark for 10 years. If infringement occurs in the territory, the owner may seek an injunction and possible money damages. There is no renewal requirement in American Samoa, however if the mark is unused, it may be subject to revocation.
Registering a trademark with the USPTO protects the owner from confusingly similar marks by creating a presumption of the ownership and validity of the mark, as well as nationwide priority over later users of similar marks. Once registered with the USPTO, there must be a showing of continued use every few years (between years 5-6, 9-10, and every 10 years after) by filing a Declaration of Use and Renewal forms.
Copyrights
Copyrights refer to original creative works, including literary works, works of art, software, movies, music, videos, performances, architectural works, and more. Copyright ownership is automatic as soon as the work is created and fixed “in a tangible medium.” This means the creator does not have to file anything to obtain basic ownership over the work. To ensure nationwide rights and protection of your work, the copyright must be registered with the U.S. Copyright Office. Registration allows owners to protect their rights to the work and bring infringement lawsuits if needed. Registration also ensures protection of the copyright with countries that are parties to treaties such as the Berne Convention. A registered copyright is good for the life of the author plus 70 years.
The U.S. federal Copyright Act does not automatically extend to American Samoa. This means that copyright protections afforded under federal law are not guaranteed to be enforced for works either created or infringed upon within the territory. However, there are prohibitions in the American Samoa code that prohibit importing and exporting contraband which would violate U.S. copyright and patent laws. This protects registered works from being unlawfully copied and then distributed into or out of the territory. Creators in American Samoa may still register their work with the U.S. Copyright Office to establish recognition of ownership and protect their work beyond the territory.
Given the limited enforcement of copyright infringement in American Samoa, it would be prudent to take additional measures beyond registration to protect the works. This may include watermarks on works, closely monitoring use, and entering into agreements, such as licensing agreements, non-infringement agreements, or non-disclosure agreements, especially in early stages of development for a work.
