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Trademark registration in Austria

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  • Trademark fees

Fees associated with filing trademark applications in Austria, as well as other trademark fees, are available in the fee calculator.

  • Multiple-class applications

Multiple-class trademark applications are possible in Austria.

  • Minimum filing requirements in Austria

- 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 (POA).

  • Requirements for the Power of Attorney

An original or a certified copy of the POA is to be filed with the Patent and Trademark Office. It should be provided along with an application.

  • Priority document

It is not usually required to submit the priority document; however, it may be requested by the Patent and Trademark Office.

  • Opposition period

The opposition period for the trademark in Austria is three months from the publication of the registration.

  • Grant, validity term and trademark renewal

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 registration 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 base that a surcharge is paid.

  • Use requirement

An Austrian trademark which has not been used within five continuous years after registration can be revoked upon request of any third person.

  • Representation by a trademark attorney

For foreigners, it is necessary to perform the trademark prosecution in Austria through an agent, a registered Austrian trademark attorney.

  • Notes

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.

Brief summary is based on the information provided by PUCHBERGER & PARTNER PATENTANWÄLTE on 11.01.2019
Please contact us if the above information contains any discrepancies with Austrian IP Laws