Trademark registration Andorra
Register your trademark in Andorra online in 3 steps…
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What are the costs of a trademark registration in Andorra?
The costs of trademark registration in Andorra depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
Registration
- Includes all fees
- second and third class
extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- second and third class
extra class
How do you get a trademark registration in Andorra?
In Andorra it is necessary to register your trademark in order to obtain the corresponding rights over it. You can register a trademark in Andorra with the OMPA, the Office of Trademarks and Patents of the Principality of Andorra. Do you live in Andorra or is your head office located there? Then you can submit the application yourself. If not, it must be submitted by a representative authorized for the OMPA. Andorra is not a member of the European Union, so EUTM brand names are not recognized here.
How do you get a trademark registration in Andorra?
In Andorra it is necessary to register your trademark in order to obtain the corresponding rights over it. You can register a trademark in Andorra with the OMPA, the Office of Trademarks and Patents of the Principality of Andorra. Do you live in Andorra or is your head office located there? Then you can submit the application yourself. If not, it must be submitted by a representative authorized for the OMPA. Andorra is not a member of the European Union, so EUTM brand names are not recognized here.
How does the trademark registration process in Andorra work?
To register a trademark in Andorra, the Electronic Trademark Registration Form must be completed. Applications can only be submitted via USB. Before doing this, you must have determined in which category your goods or services fall. As soon as it has been assessed whether the application can be accepted on absolute grounds, it will be published in the Gaseta de Marques. This is published every three months. Unlike many other countries, no objection can be raised by third parties.
In the meantime, the OMPA is conducting an investigation into the distinctiveness of your product or service. If your application to register your trademark in Andorra is approved, you will receive a certificate and the registration will be published electronically. Foreign applicants cannot submit the application themselves, but can leave it to a local agent. You sign a power of attorney for this.
When can a trademark not be registered in Andorra?
To register a trademark in Andorra, it does not necessarily have to be in use yet. However, if it is inactive for five consecutive years after approval, there is a risk of cancellation for inactivity. In some cases a brand name cannot be registered:
- A lack of distinctiveness
- The brand name consists exclusively of terms that are used in everyday life
- The brand name consists exclusively of the name of the product or service
- It is contrary to public order or morality
- The brand name is misleading to the public
- The brand has been copied in whole or in part and thus creates confusing associations
Andorra and the Nice Treaty
Andorra is not a signatory to the Nice Agreement on the International Classification of Goods and Services. Nevertheless, the OMPA uses the ninth edition of this classification system to indicate the names of the goods and / or services offered for registration. There are 45 classes in total. Goods are classified in classes 1 to 34, services in classes 35 to 45.
Applying for a combined trademark in Andorra
If you want to register a brand name in Andorra, it can consist of only word elements or figurative elements, but also a combination of both. If the latter applies to your trademark, the registration applies to the exact combination of these elements. In other words: if a third party wants to use the same word or figurative element, he or she is free to do so. If you want to prevent this, it is best to request a separate trademark registration for both.
If you do not do this, it does not mean that you will immediately be left empty-handed when a third party uses your word or logo. If this entrepreneur offers goods or services that are very similar to yours, you can object to this. You do this on the basis of confusing resemblance. In any case, how successful such an objection is depends on the specific circumstances.
What is the duration of validity of your trademark registration in Andorra?
Successfully registering a brand name in Andorra means arranging a trademark registration with a validity period of ten years. This period starts on the date of application. After this period has elapsed, it can be extended indefinitely, each time for a period of ten years. You can renew your trademark registration from six months before the end date of the current period. The application for extension can still be submitted to the OMPA up to and including six months after the expiry of the registration deadline. This is called the grace period. You will then pay a higher amount for the extension.
Register your brand name in Andorra at an international level
As mentioned, registering your trademark via the EUIPO is not an option, since Andorra is part of Europe, but is not part of the European Union. An international registration, on the other hand, is possible. This means that you file your brand name with WIPO, the World Intellectual Property Organization. You submit your application for registration in all affiliated countries, or in the countries that are commercially relevant to you.
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