Andorra Approves Trademark Law Amendment to Protect Cultural Heritage

The Andorran government has approved a bill to amend the trademarks law, introducing safeguards to prevent the registration of essential elements of the country's cultural heritage as private brands.

The move addresses vulnerabilities exposed by the prior registration of the traditional mask from Ordino's Ball de l'Óssa festival. Government spokesperson Guillem Casal confirmed the approval during a cabinet session, stating that goods—both material and immaterial—deemed essential to cultural heritage will no longer be eligible for trademark protection.

"This amendment incorporates officially recognised cultural heritage, whether material or immaterial, into the examination of trademark applications," Casal explained. Essential elements, identified through national or international legal instruments, cannot be registered if doing so would allow exclusive appropriation that conflicts with their collective nature or suggests a false institutional link.

Culture Minister Mònica Bonell and Economy Minister Conxita Marsol collaborated on the initiative, aiming to bolster legal certainty and align trademark rules with public policies protecting cultural assets. Officials at the Trademarks Office will apply clearer criteria once the changes take effect.

Casal emphasised that the reform respects proportionality, avoiding a blanket ban on culturally themed signs. It preserves the economic and distinguishing role of trademarks while introducing targeted restrictions, without undermining business freedoms.

The bill specifically targets cases like the "Benossa" mark, linked to Ordino's bear mask, which will not be renewable upon expiry. This ends a controversy that highlighted gaps in the existing law, ensuring such incidents cannot recur. The government has not yet announced a timeline for parliamentary approval.