Protect your business by registering your brands officially with the local trademark office of Austria. Once registered, you can enforce your legal rights over the trademark and prevent others from using it in Austria.
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Search prices
First class $100 - Each additional class $90
Application prices
First class $1350 - Each additional class $400
The price for the "First Class" includes 3 classes. The price for "additional class" applies starting with the 4th class.
The average application process takes 5 months.
This is an estimated process time for straightforward cases based on current timeframes for applications. It may vary considerably.
An original signed power of attorney document.
To obtain trademark protection in Austria, one can register either locally via the Österreichische Patentamt (ÖPA), or regionally by filing a European Union Trademarks (EUTM).
Austria is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. We offer services for trademark filing through the Madrid System.
Austria is a “first-to-file” jurisdiction, which means that except in some specific cases, the rights to a trademark are granted to the first person to file it, not the first person to use it. Use of the trademark before registration is not necessary and will not help overcome objections raised on grounds of lack of distinctiveness.
Although it is not necessary to use the trademark for it to register, it must be used within a period of five (5) years since the last use, otherwise it will become vulnerable to cancellation for non-use. The amount of use in Austria must be on a commercial scale.
The Austrian trademarks office (ÖPA) will examine the application to check whether the trademark complies with the requirements for registration. Once the application is accepted for registration, the grant of registration will be published, marking the beginning of a three-month period during which third parties can file an opposition against it.
Austrian trademarks are valid for ten (10) years from the application date. The renewal can be applied as early as one year before the expiry date until the last day of the month of the renewal date. There is a grace period of 6 (six) months after the expiry date when the trademark can still be renewed provided a late renewal fee is paid.
If you register a combined trademark (which includes both word elements and figurative elements) in Austria, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.
Austria recognizes three-dimensional (3D) trademarks through the Austrian Patent Office (Österreichisches Patentamt). Key considerations for 3D trademark registration in Austria include distinctiveness and non-functionality. The shape must be capable of distinguishing the goods or services from those of other undertakings. Austria allows for the registration of product shapes, packaging, or containers as 3D trademarks. Applicants must submit clear graphical representations of the mark from various angles. If the 3D mark lacks inherent distinctiveness, evidence of acquired distinctiveness through use in the Austrian market may be required. The Austrian Patent Office provides detailed guidelines for 3D trademark applications.
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