Nice classification, 9th edition

Registrable as a trademark are all distinctive and graphically representable signs. Also registrable is the three-dimensional shape of a good and the pantone of a colour. Not registrable are sound marks nor smell marks.
The following trademark types are registrable: trade marks, service marks and collective marks.

The application is filed at the Trademark Office (OMPA).
Applications can only be filed electronically.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
All applicants need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness.
The examination includes distinctiveness and prior trademarks.
Afterwards, a certificate is issued and the registration is published electronically.
Every 3 months, the OMPA publishes the “Gaseta” (CD-ROM).

National:
There are no provisions for filing opposition against a trademark registration. All problems between trademarks must be solved amicably, or at the Court.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.

The grace period for renewals is 6 months after the due date.

The trademark must be used actually, not insignificantly, in Andorra. If the trademark has not been used for a continuous period of 5 years, it may be subject to cancellation, but only on the request of a third evidencing a legitimate interest.

The official fee is EUR 156.20 for word marks, EUR 180.30 for device marks (black/white) and EUR 196.00 for coloured device marks. The fees are valid for trademarks in up to three classes. For four and more classes there is an additional official fee of EUR 24.10 for each class.

Trademark Licence Agreement
In Andorra a licence agreement has to be performed in writing. Licensing of unregistered marks is not permitted. A licence to use a trademark may be restricted to only some of the goods and/or services in respect of which the mark is registered. The sale of a registered trademark automatically terminates the licence. The licence agreement should specify that the quality of goods or services rendered by a registered user should be the same or at least less than the quality of the goods or services produced/rendered by the proprietor and that the latter will exercise control over the use of the mark.

Recordal
There are mandatory provisions in law for the recordal of a licensee with the Trademark Office. A licensee is only recognised if the licence is registered. There is no time frame for a recordal nor a prescribed form or content for the validity of a licence agreement.

The following documents are required for a recordal:
1. The deed of licence or an extract thereof notarised and translated in Catalan, or
2. A licence form issued by the OMPA (certificat de Zconcessió de licencia d’explotació) completed and signed by the trademark owner and the licensee (This document need not to be notarised nor translated)


Effectiveness
The licence becomes enforceable against third parties when recorded. The recordal of a licence is published once in the Trademark Gazette.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. A licensee may join the proprietor in infringement proceedings. A registered user may call upon the trademark owner to institute infringement proceedings but may also institute proceedings in his own name. The licensee does not need to cite the proprietor a co-defendant in any such proceedings.

Search type	First class	Add. class
Word Mark Search (availability)	220,00 €	70,00 €
Word Mark Search (identical)	120,00 €	30,00 €
Extended Search (word mark, company name, domain)
Device Mark Search (availability)	330,00 €	130,00 €
Trademark Owner Search	210,00 €
Company Name Search
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)

The Prices above are S.M.D. Markeur Search Fees