Andorra Bans Trademarks on Essential Cultural Heritage

The Andorran government has approved a bill amending the trademarks law to bar the registration of essential cultural heritage elements—both material and immaterial—as private brands.

The reform, driven by Culture Minister Mònica Bonell and Economy Minister Conxita Marsol, responds to the earlier registration of the traditional bear mask from Ordino's Ball de l'Óssa festival under the "Benossa" mark. Government spokesperson Guillem Casal announced the cabinet's approval, noting that the changes will incorporate officially recognised cultural heritage into trademark application reviews.

Elements deemed essential—through national or international legal instruments—will be ineligible for registration if it would enable exclusive private control at odds with their collective status or imply a false official connection, Casal said. Officials at the Trademarks Office will use these updated criteria to enhance legal certainty and align branding rules with public heritage protections.

Casal stressed that the measures maintain proportionality, imposing targeted limits rather than a broad ban on culturally inspired signs. This preserves trademarks' economic and identifying functions without restricting business liberties. The "Benossa" mark, tied to Ordino's mask, will not qualify for renewal once it expires, closing the loophole exposed by the case.

The government has yet to set a timeline for parliamentary consideration.