Spanish Office Invalidates Andorra Health Service's 'Programa de ayuda al triaje' Trademark

The Spanish Patent and Trademark Office (OEPM) has declared the SAAS trademark "Programa de ayuda al triaje" (M2587884) invalid for lack of proven effective use, delivering another blow to Andorra's public health service in its long-running dispute with former Emergency Department head Dr. Josep Gómez Jiménez.

The ruling accepts a claim filed by Esbarzer SL, a company associated with Gómez Jiménez, against the mark registered in 2004 for software linked to the Andorran Triage Model. The OEPM dismissed SAAS arguments that ongoing legal battles with Gómez Jiménez and related firms excused the non-use, ruling that such conflicts do not justify abandoning the trademark. It further determined that no evidence showed use of the mark in its exact registered form, noting the software was typically known as "web_e-PAT".

This decision echoes an earlier ruling this year by the EU Court of Justice, which upheld the annulment of the related European trademark "Sistema Estructurado de Triaje". Sources near Gómez Jiménez's legal team and a statement from the doctor himself hailed the OEPM outcome as strengthening his position on rights to the triage system naming. They pointed out that two specialised bodies—the OEPM and the EU Intellectual Property Office—have now issued decisions against SAAS.

SAAS has one month to appeal the OEPM resolution. No further comments have emerged from the health service on potential next steps amid the wider litigation.