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The Trademark
A trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of giving distinctiveness to the goods or services of one company companed to those of ohter companies and are represented on the register in a manner which enables the compentent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
Who can apply – Legal Representation?
Any person, wheter natural or legal (company), may file an application.
| Permanent address/registered office | Is a representative required? |
| Austria | No (You are, however, entitled to have a representative. If the representative you choose is not a professional representative such as a patent law firm, law firm or notary's office, you must present a written power of attorney.) |
| EEA/Switzerland | No (an authorised recipient in Austria is sufficient) |
| Outside the EEA/Switzerland | Yes (patent law firm, law firm or notary's office) |
Trademark Application
A trademark application must include the following:
- The name and address of the applicant, including a signature
- The trademark to be protected
- A list of goods and services for which the trademark will be used on the market and therefore protected. For this purpose, please use the Nice Classification.
How to Apply:
1. ONLINE
During the online registration, the form automatically detects whether a fast-track registration or a standard online registration is possible.
Special features: Fast-Track vs. Standard-Online-Application
| Fast-Track-Application | Standard-Online-Application | |
|---|---|---|
| Processing time | approx. 10 working days | approx. 2-3 months |
| Permitted forms of trademarks | only word marks, figurative marks, or word/figurative marks | all forms of marks (e. g. sound, shape, colour marks etc.) |
| Permitted types of trademarks | only individual marks | also collective and certification marks |
| Goods and services lists | only terms from the harmonized database allowed | custom terms possible (if formally correct), automatic assistance from database |
| Payment of fees | online only during the application process (credit card, online banking) | also possible later, but only with reference to the application number |
| Submissions of additional documents | not permitted - submitting additional documents or corrections cancels the Fast-Track advantage (e. g. powers of attorney must be uploaded at the time of filing) | permitted, but will extend the processing time |
| Special features/advantages |
|
|
2. PAPER-Application
For paper applications please use Form MA 1. You can submit it in person at the customer service centre or send it by post.
Please note:
- Submission by e-mail is not permitted.
- Paper applications are always standard applications – there is no Fast-Track option.
Costs & Duration of Protection for a national trademark
Registering a trademark in Austria starts at € 294 (online application, including up to three classes). Each additional class costs € 75.
Trademark protection begins upon registration and is valid for 10 years from the filing date. It can be renewed indefinitely in further ten-year periods — simply by paying the renewal fee on time, without the need for a separate application.
The Trademark Examination Procedure
The procedure consists of two stages: a Formal Examination and an Examination of Legality
Duration
The process usually takes around 2-3 months. For Fast-Track applications it is typically completed within about 10 working days. Any correspondence during the process may cause delays.
Acknowledgement of Application and Payment
- Online Application: An acknowledgement of receipt is generated automatically. It includes the application number and a breakdown of the applicable fees. Payment can be made immediately - it is a prerequisite for Fast-Track processing.
- Paper-application: Within one week of filing, you will receive an acknowledgement of receipt containing the application number and payment instructions. Please make payment as soon as possible, as any delay may postpone the examination process.
1. Formal Examination
The Formal Examination covers aspects such as the represantation of the trademark, the list of goods and services and any power of attorney. If we find anything missing or incorrect, we’ll let you know so you can make the necessary changes.
2. Examination of Legality
The examination of legality comprises an investigation of whether the trademark is capable of being protected and a search for registration obstacles (e.g. lack of distinctiveness of the trademark, a solely descriptive statement of the trademark etc.). The most significant of these registration obstacles are contained in § 4 MSchG. Should there be any such obstacles you will be notified by us and are entitled to express your opinion respecting these objections within a certain prescribed period. If there is no response on your part or should you be unable to submit arguments capable of overriding the official objections we will have to reject your application. You are entitled to lodge an appeal against such an unfavorable decision before the Higher Regional Court of Vienna (Oberlandesgericht Wien) and subsequently the Supreme Court (Oberster Gerichtshof).
Should the trademark applied for fulfill all registration requirements it will receive a consecutive registration number with which it is entered in the trademark register. You in turn receive from us a confirmation of registration. Additionally, your registered trademark is published in the Austrian Trademark Gazette, issued on the 20th of each month.
Subsequent to registration of the trademark the sign ® may be used in trade. This serves as a note that this is a Registered Trademark. The owner of such a trademark has an obligation of disclosure to third parties.
ATTENTION: The Austrian Patent Office does NOT decide in the application procedure whether identical or confusingly similar earlier trademarks exist.
Owners of earlier trademarks may:
- file an opposition with the Patent Office,
- file a cancellation request, or
- file a civil action before the Handelsgericht Wien (e.g. for injunction, damages, etc.).
In practice, disputes are often settled amicably, for instance through coexistence or licence agreements.
Tip – Before filing, you should carry out your own research using:
- see.ip – the free information portal of the Austrian Patent Office
- TMview – trademark database of the EUIPO
- eSearch plus – dataase for EU trademarks
- Madrid Monitor – international trademarks
Alternatively, you can use our services Trademark Similarity Search and the Trademark Pre Check which provide an in-depth assessment.
Registration & Publication
Following the succesful examination, the trademark is entered in the register, and you will receive a registration certificate and confirmation.
From this point onwards, the ® symbol may be used.
The registration is published in the Austrian Trademark Gazette in the 20th day of each month.
