Austria

Trademark registration Austria - Austria is a member of the Paris Union Agreement, the Madrid Agreement, the Madrid Protocol, the Nice Agreement and the European Union. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

Requirements

A trademark application has to be filed before the Patent Office by a local agent. Power of attorney needs not to be presented but just referred to. Foreign applicants do not need a domestic registration.

Procedure

The application process includes only a formal examination, without indication of possible identical or similar trademarks. It takes approximately 3 to 4 weeks before an office action is issued by the trademark authority or registration. After registration the trademark is published in the monthly journal “Österreichischer Markenanzeiger”. The opposition period is three months from the publication of the registration for trademarks.

Duration

A trademark registration in Austria is valid for 10 years from the registration date and ends on the last day of that month in which the protection period ends. The registration is renewable for periods of 10 years without limitation.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).

*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not actually been used seriously for a period of 5 years after filing the application, or if the use has ceased for more than 5 years, the trademark may be subject to cancellation.