Austria Trademark Registration

To obtain trademark protection in Austria, you can either register locally via the Österreichische Patentamt, also known as ÖPA, or regionally by filing a **European Union Trademark (EUTM), which grants protection throughout all EU member states.

Austria is a “first-to-file” jurisdiction, meaning that, except in specific exceptional cases, rights are granted to the first person to file the trademark, not the first to use it. Prior use is not required for registration and will not help overcome objections based on lack of distinctiveness.

Austria is also a member state of the Madrid Protocol, so it is possible to extend an international registration to Austria via the Madrid System. We offer ** trademark filing through the Madrid System**.

If you register a combined trademark (word + figurative elements) in Austria, the exclusive right is limited to the mark in the exact configuration in which it was filed and registered. If you want to protect word and logo separately, it is advisable to file additional trademarks covering each element on its own.

To register a trademark in Austria, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process takes around 5 months. This is an estimated timeframe for straightforward cases, based on current processing times, and may vary depending on the circumstances of each application.

The Austrian trademarks office (ÖPA) examines the application to verify that the trademark complies with the requirements for registration.

Once the application is accepted for registration, the grant of registration is published, which marks the beginning of a three-month opposition period during which third parties can file an opposition.

If no successful opposition is filed, the registration remains in force. Austrian trademarks are valid for 10 years from the application date. Renewal can be requested:

• From one year before the expiry date until the last day of the month of the renewal date, and
• During a grace period of six (6) months after expiry, subject to payment of a late renewal fee.

Yes. If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinct part of your trademark, you have the right to oppose the application based on confusing similarity.

Once the grant of registration is published by ÖPA, there is a three (3) month period during which third parties can file an opposition. The chances of success in an opposition will vary in each case depending on the specific facts and evidence.

Use of the trademark is not required for registration in Austria.

However, if the trademark is not used for a period of five (5) years since the last genuine use, it becomes vulnerable to cancellation for non-use. The use must be on a commercial scale in Austria to be considered sufficient.

Austria recognizes three-dimensional (3D) trademarks through the Austrian Patent Office (Österreichisches Patentamt). To register a 3D trademark in Austria:

• The shape must be distinctive and non-functional, capable of distinguishing your goods or services from those of others.
• Austria allows the registration of product shapes, packaging and containers as 3D marks.
• Applicants must submit clear graphical representations of the 3D mark from various angles.
• If the 3D mark lacks inherent distinctiveness, the office may require evidence of acquired distinctiveness through use in the Austrian market.

The Austrian Patent Office** provides detailed guidelines for 3D trademark applications.