It is mandatory to register a mark in order to secure rights; this is the “first to file” rule.
The Austrian trademark office is available online at http://www.patentamt.at/
Actual use and intent to use are not required for registration.
Violation of proprietary rights is a ground for the application to be opposed.
Owners of an earlier registered mark can challenge the 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
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
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.
Yes. Austria is a member of the Madrid Protocol and Madrid Agreement.
No. Periodic statements or other filings that will prove the use of mark are not required.