1. The best idea for your first mark is a wordmark, this means a simple word without any design, like "Apple", "BMW". It gives the broadest scope of protection and wordmarks are rarely changed, unlike logos.
2. Usually a wordmark is a foundation of your IP, most of the businesses start from it. A logo as the first mark is rarely recommended as it has limited uses. You can't use it when speaking, it can only be seen and this is the most important limitation to its use.
3. A combined mark is a solid choice in many countries. But it is recommended as the first mark only when the wording can't be registered as a wordmark by itself as it is unregistrable for some reason. A wordmark is still preferred as it remains the best value for money and the most versatile.
1. What can be registered in Andorra?
1.1 Trademark Classification in Andorra
A trademark must be filed or registered in association with products on which it is going to be used (for example, Coca-Cola is for beverages), the same applies to services. All products/services are divided into 45 classes. The names of the products and services are standard but in some countries, you can add custom terms.
The terms are created by the Trademarks and Patents Office of the Principality of Andorra (OMPA) or by the WIPO (World Intellectual Property Organization).
The main list of acceptable descriptions of goods and services is the Nice classification, but each country will have an additional set of terms and might use slightly different items.
1.2 Registrable and unregistrable marks
If you want to choose the best items to cover all your products and services you can have us help you. Choosing the right services is crucial as if the list is too short, your mark will have no room to develop, and if it is too vague it might be objected by the Trademark Office. An ideal list includes around 10 items, a combination of general and precise terms.
Did you know that there are marks that can NEVER be registered? Those are generic or descriptive marks, for example, you can't register CAR for cars, FAST CAR for cars. The same applies to misleading marks or marks that are offensive. Also, a country might have its own rules, for example, in the UK you can't register images of crowns similar to the Royal Crown and in China disparaging marks are not allowed. If any word has even a very slight offensive meaning, most likely it will be refused in China.
1.3 Weak and Strong Trademarks
There are strong marks and weak marks. A weak mark in the course of an extensive use might become strong, think of Booking.com as an example. But strong marks are easier to defend and register. Marks that are descriptive to some degree are considered weak, while strong marks have no meaning, for instance, Google.
The strongest marks are fanciful or made-up words, but from the marketing point of view, a suggestive mark might be preferable. A suggestive mark is a mark that SUGGEST a quality of the product. Microsoft is a suggestive mark, you understand that it has something to do with software and this makes it easier for a regular customer to remember the mark.
1.4 Similarity in Andorra
Confusingly similar marks in Andorra can potentially block your mark and prevent it from getting registered. Confusingly similar marks can sound similar, mean similar things or look similar. The general conception of similarity is that the new mark might mislead consumers into believing that there is an association between the prior mark and the new mark.
There is no 100% algorithm to determine similar marks, each case is different and we rely on the experience of our attorneys.
1.5 Trademark Study in Andorra
A study is a very detailed trademark search, when we check all the valid trademarks to find out if your mark can be registered. You get a report with the list of all similar marks and our recommendations if you should file your trademark as is or if you should change something about your mark, for example, if you should add a logo to the mark.
Getting a study makes the process more predictable. It's like getting a map before going into a forest. You know what to expect and you can get prepared for what lies ahead.
1.6 Domain registration in Andorra
If you wish to register an .ad domain name, you will have to register a trademark in Andorra in class 42 for Internet services. In this class, the process is very fast and you will get it registered within a week. After this you can register a domain name and our attorney will instruct the Domain Register add a DNS record to point to your website.
We offer a package "prior search+trademark registration+domain" for US$899
2. Free Trademark Search in Andorra
We offer an online free trademark search in Andorra, you can request it on this page. It's free and we'll check the register within a day. Our search is carried out by professional trademark consultants and this will increase its value.
We may spot that your mark is descriptive or generic and inform you beforehand. Some marks can't be registered in Andorra and we will notify you if this is the case.
We send search results within a day and we might contact you even earlier to ask about your business niche and your products. You will get a list of identical marks and can request additional details. That's free as well. Sometimes we can get additional details of a trademark only from a special paid database. In this case, we will inform you beforehand.
Available online, you can request a free trademark search online on our website.
Trademark Database which contains registered and filed trademarks in Andorra. However, we recommend ordering a trademark study as this will allow you to check the probability of registration of your trademark in Andorra, calculated by an experienced attorney.
3. Trademark Registration in Andorra
3.1 Your Registration Plan
Step 1. Start with a Free TM Search. We will check if there are any obvious conflicts. You will know if it's worth moving forward with the mark.
Step 2. Learning more about your brand. To file a trademark, we will need to know the owner address and name, the trademark and if it has a logo and what services/products it covers.
Optional Step 3. Attorney's opinion (a.k.a. Study) In some cases we may recommend asking our attorney to review the case and prepare a detailed registration report. That's an optional non-obligatory service.
Step 4. Request registration and submit your payment. The process is completely online and we'll request your mark within 3-5 days and you will get a filing confirmation."
3.2 Recommendations for applicants in Andorra
A trademark in Andorra is required to register a domain name. A minimum of three (3) digits is needed in order to get a domain name .ad.
Our prices include everything for a straightforward process of registration, from the initial trademark search to the effective registration.The prices do not include any legal defenses in case of oppositions or objections.
3.3 Brand Registration Process in Andorra
The application process includes a formal examination and an examination of distinctiveness. Afterwards, a certificate is issued and the registration is published electronically. Every 3 months, the OMPA publishes the “Gaseta” (DVD-ROM format).
- Applying for your mark (we pay all the government fees and submit the application)
- Formal examination (if the list of goods/services is correct, if other details are correct)
- Substantial examination (if the mark is unique and registrable)
- Registration
- Publication (allowing the public and other business to object against the mark registration)
3.3.1 Opposition period in Andorra
Before registration, the trademark application is published in the weekly “Official Gazette” for the purposes of opposition for 90 days. If no opposition is filed against the trademark during the publication period the Trademark Office will issue the registration certificate within 2 months and will publish the mark in the Official Gazette, informing that the mark is registered.
4. Andorra Trademark Registration: Required documents
4.1 Documents required for filing a mark
- In Andorra we will require a simply signed Power of Attorney in order to start the process. We will prepare the document for you.
Additionally the following will be required:
- Type of the applicant: individual or a company.
- Complete name of the owner.
- Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
5. Other process details
5.1 Andorra first to use or first to file?
This is a first to file country, which means that whoever filed a trademark first will own it, even if someone else used it before.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. The trademark must be used actually in Andorra. If the trademark has not been used for 5 years, it may be subject to cancellation, but only on the request of a third interested party.
5.2 How long does the process take in Andorra?
The entire process in Andorra takes 1-2 months provided that there are no problems during the examination and publication stages. That's the average time required to register your mark.
6. What are the benefits of owning a trademark?
6.1 What means to own a mark
When you register your trademark in Andorra, you’ll be able to:
1. Take legal action against anyone who uses your brand without your permission, including counterfeiters
2. Put the ® symbol next to your brand - to show that it’s yours and warn others against using it
3. Sell and licence your brand
4. Buy an .ad domain. Owning a trademark in class 42 is required if you wish to register a domain in Andorra. This is the main reason why the trademarks are registered in class 42. We offer a package "prior search+trademark registration+domain" for US$899.
6.2 What can you do with a registered mark?
You have an ownership confirmation and the mark becomes a point of value collection, meaning that whatever you invest into your brand or into its reputation will not disappear, but will ""stick"" to your trademark. Getting a registration will seal your ownership over this value.
That's similar to buying a land lot to build a house. Would you like to build a house on a land lot that's not even yours? Of course not. Ownership matters.
7. Why Bonamark?
Bonamark takes care of more parts of the process than any other company out there. We are not here to just file anything without thinking.
We are here to check everything, prepare the documents required in a way to avoid the most common objections, enhance your product list for the optimal scope of protection and make sure that you don't have to pay extra and spend more time than you have to.
8. After TM registration
8.1 Trademark Certificate
A trademark is registered for 10 years and a hard copy certificate is issued. An example is attached below
8.2 Use of ® and TM, SM
Once your mark is registered, you can use the ® symbol after your trademark. If your mark is not registered, you may use a TM sign.
Using ® with an unregistered trademark is illegal.
8.3 Trademark Validity in Andorra
A trademark registration is valid for 10 years starting from the filing date. The trademark can be renewed for periods of 10 years
You must use the mark in Andorra as you registered it. If you don't use your mark for 3 consecutive years, the mark will become vulnerable to cancellations and others will be able to cancel it if they decide to start this legal procedure.
In most countries, you will not lose a mark automatically if you don't use it. Notable exclusions are the USA, Mexico, the Philippines where you must submit a Declaration of Use every 3-5 years.
8.4 Competitors and similar marks
The Trademark Office might refuse any similar mark for similar products, but we recommend getting a Trademark Watch in order to track any similar marks independently. This way you will be able to spot any similar marks and submit an opposition during their publication stage in order to prevent those marks from registering.
8.5 How to maintain your mark after registration?
1.You have an obligation to use the mark in commerce. If you stop using the mark for 3 consecutive years your mark might be cancelled by anyone who starts the cancellation process
2. You must keep your details up to date, if the name of your company was changed you should submit the change at the Trademark Office, the same applies to the address. Otherwise, there might be difficulties when you have to enforce your mark and if you decide to sell it.
3. We offer Change of Address and Change of Name services and will help you to keep your details up to date.
4. Keep your trademark certificate safe. You don’t want to lose it.
5. Once the trademark is registered, the owner’s name and address can be changed (as long as ownership is not transferred).Reproduction of the trademark cannot be changed. Modification of the trademark can only be obtained by registering a new one.
Official Trademark Office in Andorra
Name of Office: Trademarks and Patents Office of the Principality of Andorra (OMPA)
Address: Prat del Rull building, Camí de la Grau street, AD500 Andorra la Vella - Principality of Andorra
Phone number: +376 875 600
Our local intellectual property IP attorneys will prepare and file your trademark for registration in the country, via the Chinese trademark office. Trademarks are filed at the Andorra Patent & Trademark Office, Andorra uses the "first-to-file" policy. No evidence of use is required upon filing of a trademark application. However, the trademark law of Andorra protects unregistered trademarks if the mark is recognised as a well-known mark in Andorra.
Andorra has been a member of WIPO since 1994. However, Andorra is not a member of the Madrid Agreement and the Madrid Protocol. Therefore, Andorra doesn’t participate in the international trademark registration system (Madrid System). 190 trademark applications filed by residents, 860 are filed by foreign applicants, and 1.280 are filed abroad by the residents.
Registering the brand in Catalan is highly advisable if you plan to sell in this market within the next 3-5 years. The Andorra Patent & Trademark Office only accepts documents submitted in Catalan language