Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Austria Trademark Registration
Protect Your Brand in Austria Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
In Austria, you can protect your trademark in two ways: by registering a European Union Trademark, which covers all 27 EU member states, or by filing directly with the Austrian Patent Office.
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Austria, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Austria and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Austria
Discover how our services help protect and strengthen your brand in Austria.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
Search .AT DomainsFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
How can I protect my trademark in Austria?
In Austria, you can protect your trademark in two ways: by registering a European Union Trademark, which covers all 27 EU member states, or by filing directly with the Austrian Patent Office.
If I previously filed my trademark in another country, can I claim priority in Austria?
Yes. If you filed your trademark in another country within the last 6 months, you can claim priority in Austria based on that earlier filing.
Can my trademark be filed immediately and the Power of Attorney (POA) submitted later?
Yes. We can file your trademark in Austria immediately after you provide the necessary details. You can submit the Power of Attorney later. This option will be displayed once you order your trademark.
How long does it take for a trademark to be registered in Austria?
Typically, if there are no oppositions or objections, trademark registration in Austria takes about 6 months.
Do I need to provide a Power of Attorney?
Yes. A simple Power of Attorney is required. "Simple" means no notarization or legalization is needed.
What are the reasons for opposing a Trademark Application in Austria?
A trademark application can be opposed if it infringes on someone else's ownership rights.
What are the advantages of using my trademark in Austria before submitting an application?
Yes, using your trademark before filing can be beneficial. These benefits include:
- Demonstrating the uniqueness of the mark;
- Overcoming objections related to lack of distinctiveness.
Does registering a trademark in Austria provide me with any legal rights in Austria?
To obtain rights to a trademark in Austria, you must register it first. This follows the "first to file" principle.
Do I need to use my trademark in Austria before applying for registration?
You don't need to use your trademark or plan to use it before applying for registration.
If I register my trademark in Austria, will it be protected in other countries?
No, registering your trademark in Austria only protects it within Austria's borders.
What are the steps involved in the trademark application process in Austria after filing?
The process for a trademark application in Austria includes three main phases: examination, registration, and publication.
Examination – After submitting the application to the trademark office, authorities will review it to determine if the mark can be registered. To prevent rejections, ensure your mark adheres to standards regarding morality, …
Is a European Union Trademark valid in Austria?
Yes, a European Union Trademark is valid and recognized in Austria.
What rights do you gain by registering a trademark in Austria?
Yes. In Austria, registering a trademark grants the owner several rights:
- Exclusive rights to use the trademark and earn profits from it
- The ability to oppose later applications that conflict with their trademark
- The right to request the cancellation of conflicting trademarks registered after theirs
- The right to sue third …
Can a trademark registration be revoked in Austria?
Yes, you can cancel a trademark registration for the following reasons:
- Morality concerns
- Ownership rights
- Use of protected symbols or badges
- Bad intentions
- Generic or overly broad meaning
- Conflict with well-known marks
- Use of protected coats of arms or flags
- Registered under an agent's name
- Rights under Article 8 of …
What is the duration of the opposition period in Austria?
The opposition period begins on the date the mark is published. For national registration, it lasts for three months from the publication date. For international registration, it also ends three months after the publication date.
What actions must I take to meet the usage requirement for my trademark in Austria?
You need to use the trademark within 5 years from when it was registered. The law requires that the trademark be used for business activities, and these activities must take place in Austria.
Who is eligible to challenge my trademark registration in Austria?
Individuals or entities with a previously registered trademark can dispute your trademark registration.
How long is a registered trademark valid in Austria?
In Austria, once your trademark is registered, it is valid for 10 years starting from the registration date.
Still have questions?