Andorran Legislation about trademarks

The Andorran legislation is based on the Trademark Law (May 24, 1995), the Law on Trademark Office Fees and the Regulations governing application of the Trademark Law. The official organism created by the Andorran Government is the Trademark Office of the Principality of Andorra (OMPA) ,accepting applications since December 5th, 1996.

  • Marks are able to be registered including any sign that can be graphically represented, that can be classified in goods and/or services, and may include words, names, designs, products' shapes or packaging, color combinations and any combination of the signs referred above.
  • Marks may not be registered if they are, inter alia, non distinctive, generic or descriptive terms or if they are identical or similar to
    1. a registration or prior application for identical or similar goods or services;
    2. trademarks which have been considered by a judicial decision to be well known in Andorra for identical or similar goods or services
    3. a commercial name or company name already registered in the Principality of Andorra and there exist a risk of confusion or association;
    4. a protected copyrights or personal names.
  • Spanish or French registrations are not valid in the Principality of Andorra.
  • Only Andorran accredited agents are authorized by the Trademark Office of the Principality of Andorra to conduct registration, other foreign agents are not accepted.
  • Foreign people can register their marks in Andorra if:
    1. they live in our country;
    2. they have an effective industrial or business establishment,
    3. their origin Country provides to the andorran nationals with similar rights to their own nationals in trademark matters.
  • An application may claim up to three classes of the Nice Agreement. Additional classes may be claimed prior payment of the corresponding tax.
  • An application may claim up to three classes of the Nice Agreement. Additional classes may be claimed prior payment of the corresponding tax.
  • Collective marks may be registered.
  • The OMPA only examined the form of the applications but nowadays examines the content on the basis of the absolute nullity stipulated in the Trademark Law.
  • Registrations are granted for a period of ten years, renewable. Renewals could be filed within 6 months of the trademark's expiration date, prior payment of the corresponding tax.
  • The right conferred by registration shall not allow the owner thereof to prohibit the use of the trademark in the Principality of Andorra for goods that have been placed on the market under the said trademark on the territory of the Customs Union, according to the agreement signed between the Principality of Andorra and the European Union.
  • The owner of a trademark considered by the judicial authorities to be well know in Andorra, may file a request for invalidation or to prohibit the use of an identical or similar trademark, provided that an application for registration of this trademark is filed at the same time.
  • If registered trademarks are not used for a period of five consecutive years, they are subject to cancellation. Cancellation can be done only in the Andorran Court.
  • Trademark owners may not initiate infringement proceedings against the non-authorization of use in a similar trademark, when such use has continued for a period of five years and the rightful owner is aware of such use. However, an exception exists in cases of bad faith.
Asturgó, Mateu & associats

Avinguda Carlemany 67, 5è-1a
AD700 Escaldes-Engordany
Principality of Andorra

(+376) 827 227
asturgomateu@asturgomateu.ad