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Trademark Protection
Trademark Protection

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, there are two ways to protect your trademark: register a European Union Trademark, which covers all 27 member states, or register 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
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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
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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.

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Trademark Renewal

Renew your trademark to maintain uninterrupted protection for your brand.

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Safeguard your local domain with ease through our trusted partner, Register.Domains.

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Frequently Asked Questions

Can you claim priority for a filing date in Austria?

Yes, you can use the filing date from your home country as the filing date in Austria if:

  • Your home country is part of the Paris Convention
  • You apply in Austria within 6 months of your home country's filing date
  • Your home country is a member of the WTO (World Trade Organization)

What are the reasons for opposing a Trademark Application?

A trademark application can be opposed if it infringes on someone else's ownership rights.

What is the typical duration for trademark registration approval?

The typical duration for trademark registration approval is about 6 months, provided there are no objections or oppositions.

What are the advantages of using my trademark 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?

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 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, formalities, classifications, clarity, and descriptiveness.
  • Registration – If the mark successfully passes the examination, it will be registered. However, at this stage, the authorities have not yet checked for any existing similar registered marks.
  • Publication – The following information will be made public: the mark, the applicant's name and address, the application number and date, the goods/services, any priority claim, and the representation and representative. This online publication allows third parties to file appeals or oppositions.

    • 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?

    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 parties for using marks that are confusingly similar
    • The ability to permit others to use the trademark
    • The right to request the seizure of counterfeit goods being imported
    • The right to claim damages for trademark infringement

    Can a trademark registration be revoked?

    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 the Paris Convention
    • Mark is functional, misleading, descriptive, or lacks distinctiveness
    • Use of geographical indications
    • Rights in a personal name

    What is the duration of the opposition period?

    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.

    Do I need to sign a Power of Attorney document?

    Yes, you need to sign a basic Power of Attorney.

    What actions must I take to meet the usage requirement for my trademark?

    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?

    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?

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