Trademark Search in Austria

Search your trademark within Austrian Trademark Office. Search by Trademark Name, Number or Applicant

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Frequently Asked Question
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

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.

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