Fees associated with filing trademark applications in Austria, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are possible in Austria.
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Filing requirements in Austria
The official language of the proceedings before the Austrian Patent Office is German.
To obtain the date of filing, it is necessary to provide the Patent Office with:
- a request to register a trademark, containing a name and full address of the applicant(s);
- representation of a trademark;
- the list of goods and services according to the Nice classification;
- Power of Attorney.
It is not usually required to submit the Priority Document; however, it may be requested by the Patent and Trademark Office.
An original or a certified copy of the Power of Attorney is to be filed with the Patent and Trademark Office. It should be provided along with an application.
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Examination, publication, and opposition of a trademark application in Austria
The examination process consists of a formal examination, search for prior trademarks (optional) and examination of distinctiveness. The opposition period for the trademark in Austria is three months from the publication of the registration.
The grant fee is to be paid together with the application fees. The validity term of a trademark in Austria is ten years from the filing date. Trademark registrations in Austria may be renewed for periods of ten years provided that renewal of registration is applied within one year before the expiration date. It is possible to apply for renewal within a grace period of six months after the expiration date on condition that a surcharge is paid.
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Duration of registration procedure
The process takes an approximate of 3-4 months in case of a smooth registration procedure.
An Austrian trademark which has not been used within five continuous years after its registration can be revoked upon request of any third person.
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Representation by a trademark attorney
For applicants not residing in Austria, Switzerland or the EEA (European Economic Area), it is necessary to perform trademark registration through an agent, a registered Austrian trademark or patent attorney.
1. Online Search Databases: Austrian Trademarks, EU Trademarks, International Trademarks.
2. Trademark protection in Austria may also be obtained via registration of a European Union Trademark.
3. The time limit for responding to the refusal of an international registration in Austria is three months from the date of the refusal. The three-month term may be extended by the filing of a corresponding request. Applicants not residing in the European Economic Area (EEA) or Switzerland must file the response through an Austrian patent attorney. The Austrian patent office does not accept requests for revision or appeals to the provisional refusal. Appeals can be filed before the Higher Regional Court in Vienna within 2 months after the final decision of the Office.
Brief summary is based on the information provided by PUCHBERGER & PARTNER PATENTANWÄLTE on 23.01.2024
Please contact us if the above information is not in conformity with Austrian IP Laws