A trademark is a right which entitles its owner to the exclusive use of a name, a graphic and in general any sensation that might be perceived by a consumer in relation to the products and services of a company within the trade industry, and which allows said trademark to distinguish itself from competitors. This right is territorial and will only be recognized in those countries in which it has been explicitly filed and granted.
In Andorra, this sole right can be obtained for names in the Catalan alphabet, 2D or 3D graphics, colours or the combination of all three.
In Andorra, for a trademark right to be recognized before third parties, it can only be obtained through its registration at the Patents and Trademarks Office of Andorra (OMPA – Oficina de Marques i Patents d’Andorra).
SAPIM, acts as a consultant and represents before the OMPA, individuals and companies who want to obtain and manage their brands in the Principality of Andorra.
Services
Filing an application at the Patent and trademark office
The official language of the Patents and Trademarks Office of Andorra (OMPA) is Catalan. Applications for trademark registrations must be filed in this language. SAPIM holds the necessary human resources to carry-out any related translation.
The products and services which are meant to be commercialised in the Andorran market under the distinctive sign of which the exclusive right is claimed, must be listed following the guidelines of the 45 classes described in the Nice Classification. Wording must follow literally the Nice Classification specifications. If products and services are to be claimed differently, a classification of those should be requested from the OMPA, and the corresponding fee must be paid.
The registration system allows the inclusion of all 45 classes within a same application, or any that are of interest in a specific case.
The owner requesting a trademark filing can either be a person or legal entity. In the event that this person does not have a residence in the Principality of Andorra, he/she must be represented by a trademark agent duly accredited by the OMPA.
A trademark can be claimed for any or all of the following distinctive signs:
- Words composed by letters of the international phonetic alphabet, including specific signs in Catalan as well as numbers and most of the grammatical signs. Any other sign of other international alphabets can be protected by filing a graphic sign.
- Graphic signs in black and white (2D, 3D)
- Graphic signs in colour (2D, 3D)
- Colours, defined by a four-colour process (CMYK) in percentage of Cyan, Magenta, Yellow and Black.
Andorra is signatory of the Paris Convention for the Protection of Industrial Property; consequently, any priority deriving from a trademark can be claimed.
Trademarks registered in Andorra are valid for 10 years from the date of filing.
Renewal
After 10 years from a trademark’s filing date, it can be renewed every 10 years at infinitum.
Customs Control
The Andorran Customs carries out random controls of the products introduced to the Principality of Andorra. In the event that during one of these controls, customs authorities have any doubt with reference to any given trademark product’s legitimacy, they require the holder of the rights or his agent to carry out the necessary verifications and accordingly to eventually apply the appropriate actions.
Change of name and / or address
It is highly recommended that the owners of any given trademark registration be clearly identifiable. Therefore, any change of name, address or legal status should be duly registered at the OMPA.
Assignment
In Andorra, the transfer of property rights from a trademark registration can be registered at the OMPA, either for the totality of the products & services or for a part of them, in favour of a third party who will keep the rights from the original filing
Certified copies, legalizations and translations
The Principality of Andorra as signatory of the Paris Convention, allows applications that are filed at the Trademark Office of the Principality, to be the basis for a first registration, in order to be able to claim priorities in other territories being part of the same Agreement. At SAPIM we can process any translation and legalization of said registrations.