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.