Trademark Search in Austria

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Frequently Asked Questions
What is the trademark registration time frame?

Assuming there are no obstacles or absolute grounds for refusal, the estimated time frame from filing the application to registration would be 6 months.

If I register my trademark in Austria, do I have protection in other territories?

No. Protection for the registered mark is limited only in Austria.

Do I need to sign a Power of Attorney?

Yes, a simple Power of Attorney is required.

Are there any benefits from using my trademark before filing an application?

Yes. Pre-filing benefits include: 

  • Show the mark’s distinctiveness;
  • Defeat challenges on the grounds of non-distinctiveness.
Will there be problems if I don’t use my trademark after registration?

Yes. Your mark will be vulnerable to cancellation of registration on the ground of non-use.

What are the types of trademark that can be registered in Austria?

Any mark that can be represented graphically and can differentiate a product/service from others is acceptable for registration, including:

  • Names
  • Position marks
  • Words
  • Holograms
  • Devices (with 2 dimensions)
  • Sounds
  • Shapes (with 3 dimensions)
  • Colours
  • Slogans
  • Trade dress
What are the application phases after a trademark has been filed in Austria?

The sequence of trademark application in Austria in as follows: examination, registration, publication. 

  1. Examination – Once the application was submitted to the trademark office, authorities will examine several factors to see if the mark is registrable. To avoid refusals, make sure that your mark is compliant with respect to morality, formalities, classifications, clarity, descriptiveness, etc.
  2. Registration – If the mark passed the examination stage, registration will be granted. Note that at this point, the trademark authorities have not yet checked if there are existing similar registered marks.
  3. Publication – The following details will be made available to the public: mark, name and address of applicant, number and date of application, goods/services, priority claim, representation and representative. Online publication will give a chance to third-parties to appeal and oppose.
What type of trademark is non-registrable?

The following marks are non-registrable: 

  • Marks that go against moral standards and public policy
  • Words that have a general meaning (generic terms)
  • Marks that consist of flags, symbols or names of regions, nations, states and international organization
  • Marks that lack distinctiveness
  • Marks that serve primarily as surnames
  • Marks that serve primarily as name geographic locations
Does Austria use the "Nice Classification" system?

No. The Nice Classification system is not effective in Austria.

Is a European Union Trademark effective in Austria?

Yes. A European Union Trademark registration is effective in Austria.

Is there any possibility to claim priority in Austria?

Yes. The filing date in your home country can be claimed as the filing date in Austria if: 

  • Your home country is a member of the Paris Convention
  • The filing date in your home country does not exceed 6 months at the time of your application in Austria
  • Your home country is a member of the WTO (World Trade Organization)
What do I need to do to satisfy the use requirement?

You must use the mark within 5 years from the date the registration was granted. This jurisdiction mandates owners to use the mark for commercial or business purposes and the transactions must occur in Austria.

Once my trademark has been registered, for how many years will be valid?

A registered trademark in Austria is initially valid for 10 years. The computation will start on the date of registration.

What will be the renewal date of my trademark?

The first trademark renewal must be made 10 years from the date the registration was granted (at the last day of that month).

Is it legal to use my trademark even if it is not yet registered?

Yes. Unregistered marks can be used legally for goods or services.

Does having a registered trademark in Austria give me any right?

It is mandatory to register a mark in order to secure rights; this is the “first to file” rule.

What is the website of the national trademark office?

The Austrian trademark office is available online at http://www.patentamt.at/

Is there any need to use my trademark before I apply for registration?

Actual use and intent to use are not required for registration.

What are the grounds for a Trademark Application to be opposed?

Violation of proprietary rights is a ground for the application to be opposed.

Who can contest my trademark registration?

Owners of an earlier registered mark can challenge the registration.

Is it possible to cancel a registration?

Yes. Registration of trademark can be cancelled on the following grounds: 

  • Issues of morality
  • Proprietary rights
  • Use of protected emblems or badges
  • Bad faith
  • Generic or broad meaning
  • Conflict with famous and notorious marks
  • Use of protected armorial bearings or flags
  • Registration under agent’s name
  • Rights under Article 8 of Paris Convention
  • Mark is functional, misleading, descriptive, non-distinctive
  • Use of geographical indication
  • Rights in personal name
Are there any rights established by having a registered trademark?

Yes. Owners of a registered mark in Austria secure the following rights: 

  • Exclusive rights to use and make profits from the mark
  • Rights to challenge later conflicting applications
  • Rights to appeal for the cancellation of later conflicting registrations
  • Rights to file an infringement case against third parties that use confusingly similar marks
  • Rights to authorize other persons to use the mark
  • Rights to appeal for the confiscation of counterfeit imported goods
  • Rights to receive damages for infringement
How long is the opposition period?

The opposition period will start on the date the mark was published. For national registration, it will end three months after the mark was published. For international registration, it will end three months after the publication period.

Is Austria a member of the Madrid System?

Yes. Austria is a member of the Madrid Protocol and Madrid Agreement. 

Do I need to present periodic statements of use?

No. Periodic statements or other filings that will prove the use of mark are not required.

When should I renew my trademark?

Trademark renewals must be done every 10 years.

What will be the renewal date of my trademark?

The first trademark renewal must be made 10 years from the date the registration was granted (at the last day of that month).

Is there any documentation that should be presented when renewing a trademark?

No documentation is necessary for renewing a trademark.

If my trademark expires, do I have a grace period?

Yes. A grace period of 6 months after the expiration date is available.

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