Trademark registration in Andorra

Andorra is a small country nestled among the Pyrenees mountains. Andorra is also an attractive destination with wonderful natural scenery that attracts many tourists. Therefore, the need to expand the business scope of enterprises also increases. To be able to protect the intellectual property rights of businesses in Andorra requires businesses to understand the trademark registration process. Viet An Law Firm will guide you to learn about the procedure for trademark registration in Andorra.

Legal basis

• The Symbols and Signal Act 1996;
• Trademark Act 1995.

General overview of trademarks in Andorra

A trademark in Andorra is defined as a unique mark that identifies the goods or services of a particular business, distinguishing them from other businesses, in accordance with the principles of the Paris Convention for the Protection of Industrial Property. Andorra’s Intellectual Property Law protects different types of trademarks including:

• Letter signs
• Logo
• Visual signs
• Combined signs
• Holographic signs

Trademark protection conditions in Andorra

Uniqueness

Uniqueness is an important factor in trademark registration in Andorra and many other countries. A brand is considered unique if it can clearly distinguish the applicant’s goods or services from other businesses in the market.

Here are some of the factors that affect brand uniqueness:

• The nature of the brand: Innovative and differentiated brands are more likely to be perceived as unique than those that describe them generically or suggestively.
• Relevance to a product or service: The higher the relevance between a brand and a product or service, the higher the likelihood of being considered unique.
• Presence of other brands: The ability to differentiate the applicant’s brand from existing brands in the same field

Must be clearly expressed

Must be clearly represented as an important factor in trademark registration in Andorra and many other countries. It is a visual representation of the brand, helping consumers distinguish the applicant’s goods or services from other businesses.

Here are some requirements that must be made clear:

• Clear and precise: Must be clearly shown to clearly represent the brand and not confuse consumers.
• Sustainable: Must be clearly expressed must be easily stored and renewable.
• Accessible: Must be clearly shown to be easily seen and recognized.
• Complete: Must be clearly represented must show all elements of the brand.
• Objectivity: Must be clearly shown to represent the brand in an objective, unbiased way.

There are many ways to clearly represent a brand, including:

• Words: Brand names can be represented by letters, numbers, or symbols.
• Images: Logos, images, or designs that can be used to represent a brand.
• Combined: Must be clearly articulated, able to combine both words and images.

Trademark dossier in Andorra

• Application form: Applicants can download Andorra’s official trademark application form from the website of the Andorra Office of Industrial Property (UAIPIT): https://www.ompa.ad/contacta-ns. The applicant should complete the form, including:
  • Name and address of the applicant
  • Type of brand (words, logo, combinations, etc.)
  • Description of the brand
  • List of goods or services for which the trademark is registered
  • Signature of the applicant or authorized representative
• Trademark Sample: Submit a clear trademark sample, demonstrating the accuracy of your trademark.
• Receipt for payment of fees
• Other documents (if applicable): While not required, providing additional documents can support the applicant’s application and strengthen the applicant’s argument for uniqueness. These documents may include:
  • Evidence of previous use, such as invoices or marketing materials showcasing the brand in use.
  • Proof of possession of any creative elements used in the brand, like logo design.
  • Claims or oaths from third parties that support the uniqueness of the brand.

How to file for trademark registration in Andorra

To file for trademark protection in Andorra, you can apply using the following filing methods:

• Direct submission: You can go directly to the office of the Intellectual Property Office of Andorra at Edifici Administratiu del Prat del Rull Camí de la Grau s/n AD 500 Andorra La Vella to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the Intellectual Property Office of Andorra.
• Submit online via website: http://www.ompa.ad/ When applying online you should pay attention to the payment of the relevant fee according to the instructions of the Intellectual Property Office of Andorra.

Trademark registration fees in Andorra

Trademark registration fees in Andorra can vary depending on a number of factors, but the following is a breakdown of the main costs:

Official Application Fee:

• This is the basic fee collected by the Andorra Office of Industrial Property (UAIPIT) to process the applicant’s application. As of 27 October 2023, fees start at €60.10 for a class of goods or services.
• Additional classes will incur additional fees, each adding around €50 to the total cost.

Publication fee: Once the applicant’s application is accepted, it will be published in the Official Gazette of Andorra. This will incur a disclosure fee of around €30.

Additional fees (if any): There may be some additional fees that the applicant may face, depending on the specific situation of the applicant, such as:

• Priority Request Fee: If the claimant makes a priority claim based on a previous application filed in another country, the claimant will need to pay an additional fee.
• Representation fee: If the applicant chooses to use an attorney or brand representative to assist the applicant with the application process, the applicant will need to pay them a fee.
• Translation fee: If any of the applicant’s documents are not in Catalan or Spanish, the applicant will need to pay a translation fee.

Trademark registration service in Andorra of Viet An Law Firm

• Carry out the search and notify you in writing of the results of the trademark search in Andorra;
• Draft the dossier and file directly on behalf of the trademark owner and monitor the status of the trademark application filing in Andorra;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Andorra;
• Assist in monitoring, representing the resolution of objections and feedback with the intellectual property representative performing procedures in Andorra.
• Receive dispatches, certificates and hand over to customers (if any).

If customer want to apply for trademark registration in Andorra, please contact Viet An Law Firm for the most effective support.