Trademarks in Andorra

Competent Authority & System

Official Authority: Trademarks Office of the Principality of Andorra / Oficina de Marques del Principat d'Andorra (OMPA).

Official Language: Catalan.

System: National IP system. Andorra is not a member state of the European Union (EU); thus, European Union Trademarks (EUTMs) do not extend to or cover Andorra automatically.

International Treaties

Madrid System: Not a member. Andorra cannot be designated via WIPO International Registrations. Protection must be obtained through a direct national filing with OMPA.

Paris Convention: Member state (acceded June 2, 2004). Convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities can apply.

Representation for Foreign Applicants: Non-resident applicants (individuals or legal entities without a registered office or domicile in Andorra) must be represented by an authorized representative or agent registered with OMPA.

Power of Attorney (POA): A simple signed Power of Attorney is required. Notarization and Legalization/Apostille are not required.

Online Services & Database

E-Filing: Electronic application options and filing procedures are accessible via OMPA.

Free Trademark Search Database: Public searches can be conducted directly via OMPA’s portal registers.

Registrable Mark Types

Types: Word, figurative, combined logos, 3D shapes, sound, and color marks capable of distinguishing goods or services.

Foreign Characters & Translation: Non-Catalan wording or non-Latin character marks must be accompanied by a Catalan translation or transliteration upon request.

Classification Framework

Nice Classification: Uses the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application. Up to 3 classes are typically covered under the base application framework.

Class Headings: Accepted if clear and sufficiently specific to identify the designated goods or services.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by OMPA (distinctiveness, descriptiveness, genericness, or violation of public policy).

Relative Grounds: OMPA checks for formalities and absolute barriers; ex officio searches for earlier conflicting rights are strictly informative or evaluated on formal grounds.

Office Action Deadlines: Standard administrative response deadlines apply upon receiving official notifications or deficiency notices from OMPA.

Publication & Opposition

Opposition Period: 1 month following the publication of the application in the official IP gazette (Gaseta).

Standing: Prior rights holders (owners of earlier registered marks or pending applications in Andorra).

Timeline & Expedited Examination

Average Timeframe: Approximately 3 to 6 months from filing to registration under smooth conditions without office objections or third-party oppositions.

Expedited Examination: Not standardly provided as an independent track given the relatively brief processing duration of national applications.

Official Fees

Official statutory fee structures in Andorra are calculated in Euros (EUR).

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year periods.

Grace Period: A 6-month grace period is allowed following the expiration date, subject to an official late surcharge.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes vulnerable to revocation/cancellation on grounds of non-use if it is not put to genuine commercial use for a continuous period of 5 years following registration.

Declaration of Use: No periodic maintenance declaration of use is mandated during standard 10-year renewals.

Post-Registration Transactions

Recordals: Rights transfers/assignments, license agreements, and changes of corporate details (name/address) must be recorded with OMPA to be effective against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Invalidity or non-use cancellation actions are handled administratively or brought before competent civil courts in Andorra.

Customs Enforcement: Border measures can be instituted through national customs authorities to prevent counterfeit imports or unauthorized trade.

Country-Specific Risks & Practical Insights

No EU Coverage: Brands holding European Union Trademarks (EUTM) or national registrations in Spain or France receive no automatic protection in Andorra. Direct filings with OMPA are necessary to secure protection.

Tight Opposition Window: Third parties must monitor publication gazettes continuously due to the short 1-month opposition timeframe.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.