Registering a trademark with the Austrian Patent Office (Österreichisches Patentamt) takes about 6–12 months if there are no oppositions or errors in the application. Complex cases may take up to 18 months.
The deadline for filing an opposition is 3 months from the publication of the application in the Markenblatt (trademark register).
In Austria, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, color marks, holograms, and motion marks, provided they are distinctive. Marks contrary to public morality or state symbols are prohibited.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Austria, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $300–500 for one class of goods/services, including registration fees. Additional costs may include legal services or fees for extra classes.
No, use is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per Article 33 of the Trademarks Law.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Registering a trademark not only secures your intellectual property but also enhances your business's credibility and value. Austria, with its robust legal framework and strategic location in Europe, offers an attractive environment for businesses seeking to safeguard their trademarks.
Legal Protection
A registered trademark grants exclusive rights to its owner, preventing unauthorized use by third parties. This legal protection is crucial in maintaining brand integrity and consumer trust.
Market Expansion
Austria's membership in the European Union allows for seamless expansion into other EU markets. A registered trademark in Austria can serve as a foundation for broader European protection.
Asset Value
Trademarks are valuable assets. Registration can increase your brand's worth, making it more appealing for licensing, franchising, or sale.
Competitive Advantage
A unique and protected trademark distinguishes your products or services from competitors, fostering customer loyalty and recognition.
Legal Recourse
In case of infringement, a registered trademark provides the legal standing to seek remedies such as damages, injunctions, and account of profits.
Trademark Search
Before applying, conduct a thorough search to ensure your trademark is unique and does not conflict with existing registrations. The Austrian Patent Office provides tools for this purpose.
Classification of Goods and Services
Determine the appropriate classes under the Nice Classification system for your goods or services. Accurate classification is essential for the scope of protection.
Application Methods
Applications can be submitted online or via paper. Online submissions are typically more cost-effective and efficient.
Required Documents
Representation of the trademark (word, logo, or combined mark)
List of goods and services in the appropriate classes
Applicant's details
Power of attorney, if represented by an agent
Fees
Online application: €280 for up to three classes
Paper application: €330 for up to three classes
Additional classes: €75 each
Examination
The Austrian Patent Office examines the application for compliance with formal requirements and checks for absolute grounds for refusal, such as lack of distinctiveness.
Publication
If the application meets all requirements, it is published in the Austrian Trademark Gazette. This initiates a three-month opposition period.
During this period, third parties can oppose the registration if they believe it infringes on their existing rights. If no opposition is filed, the trademark proceeds to registration.
Registration
Upon successful completion of the opposition period, the trademark is registered, and the owner receives a certificate of registration.
Duration and Renewal
The trademark is protected for ten years from the filing date and can be renewed indefinitely for subsequent ten-year periods.
Austria is a member of the Madrid Agreement and the Protocol Relating to the Madrid Agreement, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables protection in multiple countries with a single application.
Navigating the trademark registration process can be complex. Without professional guidance, businesses may encounter issues such as:
Incorrect classification of goods and services
Incomplete or improperly filed applications
Missed deadlines for opposition or renewal
Difficulty in enforcing trademark rights
ProfitMark offers comprehensive trademark registration services in Austria, including:
Trademark Search: Conducting thorough searches to ensure your trademark's uniqueness.
Application Filing: Preparing and submitting applications accurately and timely.
Legal Representation: Acting on your behalf in all proceedings.
Opposition and Dispute Resolution: Handling any challenges that may arise.
Renewal Management: Keeping track of renewal dates and requirements.
Experience: Over 13 years in the trademark registration industry.
Global Reach: Successful registrations in over 30 countries.
Expert Team: A team of international professionals dedicated to your brand's protection.
Client-Centric Approach: Tailored services to meet your specific needs.
Online Services: Convenient online platform for all services.
Quality Assurance: Commitment to excellence in all aspects of trademark registration.
Registering your trademark in Austria is a strategic step in protecting your brand and expanding your business. With ProfitMark's expertise, the process becomes straightforward and secure. Don't delay; safeguard your brand today and unlock new opportunities for growth.