Law On Trade Names, Product Names And Emblems Of Establishment, 20-6-96

Original Language Title: Llei de noms comercials, denominacions socials i rètols d'establiment, de 20-6-96

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Law on trade names, product names and emblems of establishment since the General Council in its session of June 20, 1996, has approved the following: law on trade names, product names and emblems of establishment preamble this law establishes the principles and the criteria to adopt and use the signs which serve to distinguish establishments , commercial activities and societies with the object of avoiding uses that may create a risk of confusion in the mind of the public or uses that could bring harm to a third party. This Bill is complementary of the trademark Act, relating to signs which serve to distinguish products and services, and meets the requirements of protection of trade names that fixes the article 8 of the Paris Convention for the protection of industrial property.

The criminal code will have to fix the penalties relating to article 23.

Chapter i. Definitions Article 1 trade name Constitutes a trade name the sign which serves to identify a natural or legal person in the exercise of their commercial activity and that allows to distinguish it from other natural or legal persons that perform commercial activities identical or similar.

Article 2 Name Is a name under which the sign is made up of a company and which allows to distinguish it from other companies.

Article 3 establishment Sign Is a sign of establishment the sign which serves to identify a commercial establishment and to distinguish it from other commercial establishments.

Chapter II. Commercial name.

Article 4 Signs that may constitute a trade name 1) may constitute a trade name: a) words, including names, surnames or alias of a person, but only if they are names, last name or alias of the person or that form part of the name of the legal person, identified in the course of their commercial activities by business name, at the time of being registered in the registry of Commerce and industry of the Principality of Andorra;

b) figures;

c) acronyms;

d) all combination of the signs mentioned in subsections to) to c) of this section.

2) a sign cannot constitute a commercial name: a) if it is contrary to public order or to good customs;

b) if it is nature to mislead the public, particularly about the activity carried out under this trade name.

Article 5 prior Rights related to a trade name cannot be adopted as a trade name, a sign identical or similar to: a) a trade name registered in the register of Commerce and industry of the Principality of Andorra or a company name as registered in the register of Companies of the Principality of Andorra;

b) a trade name registered in the Principality of Andorra not alien or a company name not registered in the Principality of Andorra, but it is sufficiently known or known by the public in the Principality of Andorra to create a risk of confusion;

c) a trademark in the Principality of Andorra if, in the view of the products or services for which the mark is registered and in view of the commercial activity to exercise under the trade name, you can create a risk of confusion in the public mind or can cause a prejudice to the owner of this trademark.

Article 6 entry in the register of Commerce and industry without prejudice to the provisions of article 5 b), any natural or legal person, in order to exercise a commercial activity within the Principality of Andorra, you must register your business name in the registry of Commerce and industry of the Principality of Andorra.

Article 7 language of trade names registered a trade name can only be registered in the registry of Commerce and industry of the Principality of Andorra if it is constituted by: a) words, including names of person of the Catalan language.

b) a Catalan name, if it corresponds to the individual who is identified in the course of its commercial activity to this commercial name;

c) surname, if you correspond to the individual who is identified in the course of its commercial activity to this commercial name;

d) Roman numerals or Arabic numerals;

e) geographical names;

f) a non-Catalan word if it forms part of the name of the legal entity identified in the exercise of their commercial activity to this commercial name;

g) all combination of the signs mentioned in the previous sections of this article.

Article 8 Limitations the registration of a trade name the registry of Commerce and industry shall deny, reasoned way, a demand for registration of a trade name when you have knowledge that this commercial name violates any of the conditions set out in articles 4 or 7 or does not respect any of the aforementioned rights set out in article 5.

Article 9 annulment of registration of a trade name 1) all decision of the register of Commerce and industry of registration of a trade name may not be flown via administrative courts. Every person that justify a legitimate interest has direct access to the Court and can apply for the annulment of the registration according to paragraphs 2) to 5) of this article.

2) the judicial authority, at the request of any person to justify a legitimate interest, you can declare a trade name registration in the event that this does not comply with any of the conditions set out in articles 4 or 7.

3) the judicial authority, at the request of the owner of a previous law collected in the article 5, you can declare a register of commercial name that hurt one of these rights.

4) All commercial name registration declared null is considered void and of no effect from their date of registration.

5) When the Declaration of annulment of registration of a trade name has become short, the judicial authority notify their decision to the registry of Commerce and industry, that part of this decision with the indication that this trade name registration is null and without effect from their date of registration.

Chapter III. Corporate name Article 10 Signs that may constitute a corporate name 1) may constitute a company name the following signs: a) words, including names, surnames or alias of individuals, but only if these individuals are members of the society identified by company name, at the time of their entry in the register of commercial companies in the Principality of Andorra;

b) figures;

c) acronyms;

d) all combination of the signs mentioned in subsections to) to c) of this section.

2) a sign cannot constitute a social denomination: a) if it is contrary to public order or to good customs;

b) if it is nature to mislead the public, particularly on the corporate purpose of the company.

Article 11


Indication of the legal nature of the society All company name must be followed by an indication of the legal nature of the society. For this purpose, you must use the following abbreviations: in) SL in the case of a limited company;

b) SA if it is a company for actions;

c) SRC if it is a collective responsibility.

Article 12 previous Rights relating to a name cannot be adopted as a corporate name a sign identical or similar to a registered name registered already: a) to the register of Companies of the Principality of Andorra or a commercial name as registered in the registry of Commerce and industry of the Principality of Andorra;

b) a trade name registered in the Principality of Andorra not alien or a company name not registered in the Principality of Andorra, but it is sufficiently known or known by the public in the Principality of Andorra to create a risk of confusion;

c) a trademark in the Principality of Andorra if, in the view of the products or services for which the mark is registered and in view of the object of the company identified by the company name, you can create a risk of confusion in the public mind or can cause a prejudice to the owner of this trademark.

Article 13 entry in the register of commercial companies All trading company constituted according to the law of the Principality of Andorra has the obligation to register your company name in the registry of companies in accordance with the regulations in force.

Article 14 the names registered social language A corporate name can only be registered in the register of Companies of the Principality of Andorra if it is constituted by: a) words, including personal names, of the Catalan language.

b) a name does not correspond to a physical person Catalan if partner of the society;

c) surname, if you correspond to individuals members of society;

d) Roman numerals or Arabic numerals;

e) geographical names;

f) a non-Catalan word if it forms part of the corporate name of a legal person member of society;

g) all combination of signs mentioned in the previous sections of this article.

Article 15 Limitation to register a company name In the register of commercial companies deny, reasoned way, a demand for registration of a company name when you have knowledge that this corporate name violates any of the conditions set out in articles 10, 11 or 14 or does not respect any of the aforementioned rights set out in article 12.

Article 16 annulment of registration of a company name 1) Any decision of the Registrar of companies for registration of a company name may not be flown via administrative courts. Every person that justify a legitimate interest has direct access to the Court and can apply for the annulment of the registration according to paragraphs 2) to 5) of this article.

2) the judicial authority, at the request of any person to justify a legitimate interest, you can declare a record of company name in the event that this does not comply with any of the conditions set out in articles 10, 11 or 14.

3) the judicial authority, at the request of the owner of a previous law collected in the article 12, you can declare a record of company name that hurt one of these rights.

4 company name registration) all declared null is considered void and of no effect from their date of registration.

5) When the Declaration of annulment of registration of a company name has become short, the judicial authority notify their decision to the registry of companies, that part of this decision with the indication that the said registration of company name is null and without effect from their date of registration.

Article 17 Surname from a partner that constitute or form part of a company name 1) if the name of a company subject to a surname of one of the partners and this loses its status as a partner, this company does not have to modify the name of the form that there appears this name, unless there is an agreement to the contrary between the parties as set forth in writing and signed.

2) the provisions of paragraph 1) of this article shall apply mutatis mutandis to a commercial name.

Chapter IV. Signs of establishment Article 18 Signs that may constitute the sign of establishment 1) may constitute a sign of establishment: a) the corporate name registered in the Principality of Andorra of the society in the establishment;

b) the trade name registered in the Principality of Andorra of the natural or legal person who carries out its business activity in the establishment;

c) the brand name of a product or service when the activity of the establishment is primarily related to this product or service, and provided that this use of the brand is made in accordance with the provisions established by the regulations in force;

d) all combination of the signs set out in subsections to) to c) of this section.

2) the signs set out in paragraph 1) of this article may be accompanied by: a) words or expressions in the Catalan language that refer to the activity carried out in the establishment;

b) two-dimensional figurative elements or three-dimensional;

c) indications concerning the address of the establishment.

3) the signs set out in paragraph 2) of this article may not be of a nature to create a confusion with the commercial premises, products, services or commercial activity of a third party.

Chapter v. Administrative Control and sanctions Article 19 Administrative Control of the Ministry in charge of the Department of Commerce, by the inspectors of the Department, oversees the commercial names, social denominations and the signs of property used in the Principality of Andorra are in conformity to the legal provisions.

Article 20 Sanctions 1) failure to comply with any of the requirements set out in articles 4, 5, 7, 10, 11, 12, 14 or 18 is an offence and the Government, at the proposal of the Ministry responsible for the Department of Commerce, after their previous opening of the corresponding file will impose sanctions, the two following penalties to the author of this offence: a) fine of 100,000 PTA;

b) obligation to withdraw from the public all the physical media on which to reproduce the signs that do not meet these requirements within a maximum period of 15 days.

2) breach of the requirements laid down in article 6 constitutes an offence and the Government, at the proposal of the Ministry responsible for the Department of Commerce, after their previous opening of the corresponding file will impose sanctions, the two following sanctions to the author of this offence: a) fine of 200,000 PTA;


b) immediate suspension of the activity.

3) All sanction imposed by the Government, at the proposal of the Ministry responsible for trade, by virtue of paragraphs 1) in 2) of this article is subject to an administrative resource in accordance with the provisions of the code of the administration.

Chapter VI. The holder of an earlier right; compensation for damages; criminal penalties Article 21 right to strike up an action even though the owner of one of the aforementioned rights established in articles 5 or 12, you can strike up to the judicial authorities in a civil or criminal action against any person who harms their rights.

Article 22 Compensation of damages 1) of injury to one of the aforementioned rights established in articles 5 or 12, is responsible for its author, who is obliged to repair the damage caused to the holder of this right.

2) the judicial authority fixes the amount of the compensation for damages taking into account the losses suffered by the holder of the earlier right and the benefits obtained by the infringer of the rights because of this injury.

3) the judicial authority may condemn the author of the injury caused to the holder of the earlier right to pay to the latter the court costs, including the fees of a lawyer and solicitor, whether it is a civil action as if it is a criminal action.

4) the judicial authority may order the publication of the decision in a national newspaper, by the author of the injury caused to the holder of the earlier right, whether it is a civil action as if it is a criminal action.

Article 23 criminal sanctions the author of an injury to one of the aforementioned rights established in articles 5 or 12 acting in bad faith is punished with the penalties provided by the penal code.

Repealing this law derogates all the provisions dictated before that object to the content of this.

Final provision this law comes into force the day of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 20 June 1996 Josep Dallerès Codina, General Syndic Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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