The current trademark regulations in Andorra are mainly based on the Trademark Law enacted on May 11, 1995. The Andorran Trademark Office is responsible for managing trademark affairs and the official language is Catalan. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
Andorra is a signatory to international intellectual property treaties such as the Paris Convention and the Convention Establishing the World Intellectual Property Organization, and has not yet joined the Madrid system. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, the Andorran Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Andorra include: text, letters, numbers, graphics, three-dimensional logos, color combinations, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Andorra must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Catalan translations must be provided.
The main process for applying for registration of an Andorran trademark is: application - acceptance - examination - approval - issuance - announcement. The application will be accepted about one week after submission, and the examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After approval and issuance of the certificate, an announcement will be arranged. The Principality of Andorra has no objection procedure.
If everything goes smoothly, trademark registration in Andorra takes about 3 months; If it doesn't go smoothly and encounters rejection midway, the time will be extended.
The Andorran trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Andorran Trademark Law:
1.Article 26 of the Trademark Law: Trademarks lack distinctiveness; Conflict with prior trademark rights.
2.Article 27 of the Trademark Law: 1) a) If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation, except for force majeure; b) The trademark has become a generic name; c) The trademark owner does not have the subject qualification to apply for trademark registration.