Why and how to register a trademark in Andorra

In Andorra, trademark registration is compulsory to obtain trademark rights. Trademarks must be registered with the Office of Trademarks and Patents of the Principality of Andorra (OMPA).

The Principality of Andorra is not a member of the European Union and as such, European Union Trademarks (EUTM) are not recognized in that jurisdiction. Neither are Spanish trademarks or French trademarks.

Once the trademark applications have been examined to check whether the application complies with the requirements of registration, on the basis of absolute grounds and prior filed or registered trademarks, the registration will be published in the Gaseta de Marques (Trademarks Gazette). In Andorra, no oppositions can be filed by third parties against trademark applications.

It is not necessary for a trademark to be in use in Andorra for it to register. However, if it is not used in that jurisdiction for a period of five consecutive years, it will become vulnerable to cancellation actions for non-use.

If you register a combined trademark (which includes both word elements and figurative elements) in Andorra, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to take legal actions against the application based on confusing similarity. Probabilities of success for such actions will vary in each case depending on the circumstances.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Andorra (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

In Andorra, registered trademarks are valid for ten (10) years starting from the application date. Then it can be renewed indefinitely for successive periods of ten (10) years. The trademark renewal can be requested as early as six (6) months before the expiration date. The registration can also be renewed during the six (6) months following the expiration provided a late renewal fee is paid.

Domain Name Extension .AD: The registration of domain names with the extension .ad (ccTLD) is restricted to owners of registered trademarks in Andorra. The registered trademark must match the domain name exactly (for instance, if you want to register the domain name www. igerent .ad, the registered trademark must be “igerent”) and it must be registered in class 42 with the declaration that it is to be used for the registration of a .ad domain name. This will incur additional fees.

 

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