Austria Trademark Renewal

A trademark registration in Austria is valid for ten (10) years from the application date. It can be renewed indefinitely for additional 10-year periods

The renewal process follows these timelines:

• Trademarks may be renewed up to 12 months before expiration.
• A six-month grace period is available after expiration, subject to an additional fee.
• Failure to renew within the grace period results in automatic cancellation.

To renew a trademark with the Austrian Patent Office, the following must be submitted:

• Trademark registration number
• Payment of renewal fees
• Optional: Renewal request via electronic form on the Austrian Patent Office's website

If a trademark is renewed within the grace period, an additional fee of 20% of the standard renewal fee applies

• If the grace period expires, a petition for restoration can be filed within two months from when the obstacle preventing renewal is removed.
• The maximum time for filing a restoration request is 12 months after the grace period expires.

To avoid renewal issues, trademark owners should ensure their registration details are correct:

• Ownership changes: Transfers or assignments must be recorded before renewal.
• Business details: If the registrant's name or address has changed, it must be updated before submitting the renewal request.

Trademark owners should avoid these common mistakes:

• Missing the renewal deadline : If renewal is not completed within the grace period, the trademark will lapse.
• Failing to submit the renewal fee correctly : Only payment of the full renewal fee and applicable surcharge will be accepted.
• Assuming renewal is automatic : The Austrian Patent Office notifies owners of upcoming expirations, but it does not automatically renew trademarks. Owners must actively request renewal.

By avoiding these mistakes, trademark owners can ensure their brand remains protected under Austrian trademark law.

If you miss the renewal deadline, you can still renew your trademark within a six-month grace period by paying an additional fee of 20% of the renewal cost. If you fail to renew within this period, the trademark will lapse.

Yes, restoration is possible if a request is filed within 12 months after the lapse and the owner provides valid justification.

No, Austria does not require proof of use for trademark renewal.

Trademark renewal can be requested up to 12 months before its expiration date.

Yes, once the grace period expires, the trademark is automatically canceled and may be registered by a third party at any.