Can Andorra Symbol be Registered as a Trademark?

In June 2017, the Govern d’Andorra (Government of the Principality of Andorra) applied for registration of an EU trademark with the European Union Intellectual Property Office (“EUIPO”). The application for registration was rejected by EUIPO in February 2018. It considered that the sign ANDORRA was devoid of any distinctive character, since it only informs consumers of that geographical origin, and not of the specific commercial origin of the goods and services covered.

The General Court of the European Union ("the Court") examines the descriptive character of the mark applied for in relation to the goods and services at issue on its judgment in case T-806/19. In order to do so, it is required to determine, first, whether the geographical term constituting the mark applied for is understood as such and known by the relevant public and, secondly, whether that geographical term is or may in the future be associated with the goods and services covered by the application.

After a detailed examination, the Court concludes that the Govern d’Andorra did not succeed in challenging EUIPO’s assessment of the descriptive character of the mark applied for in relation to the goods and services in question and that EUIPO was correct to consider that the mark could not, therefore, be registered as an EU trade mark. That is an absolute ground for refusal which in itself justifies a refusal to register the sign as an EU trade mark.

The Court also considers that, in its decision, EUIPO did not fail to fulfil its obligation to state reasons or infringe the right of defence or the principles of legal certainty, equal treatment and good administration.

You can find the full text of the decision here.

Kind regards,

Zumbul Attorneys at Law

info@zumbul.av.tr