National trademark: basics
A trademark protects the distinctive sign for your goods or services – in other words, what customers use to recognize you and your business. This may be a word, a logo, or a combination of the two, or even – and this is more challenging – a shape, a color, or a sound.
A trademark grants you the exclusive right to prevent others from using this sign in commercial transactions for the claimed goods and services. Others may not use it without your consent. This right of exclusion applies only to rights that arose after the filing date or priority date of the trademark. You can find more detailed information on this in Information Sheet MA501 (starting on p. 10), available in German only.
Trademark protection is territorially limited: An Austrian national trademark is valid in Austria – in all federal states. The term of protection is ten years from the filing date and may be renewed for additional ten-year periods as often as desired.
Instead of a national trademark, you can also apply for an EU trademark with protection in all EU Member States, or internationalize the protection of a national trademark or an EU trademark for other countries.
Tip: You can find detailed, practical tips on various issues relating to trademark law in the Common Communications issued by the European Union Intellectual Property Network (EUIPN).
When filing your application, you must specify exactly which goods and/or services you wish to protect with the trademark. The Nice Classification is used for this purpose, which comprises 45 classes – 34 for goods and 11 for services.
The more classes you register, the broader your protection – and the higher the fees. The basic fee covers up to three classes.
Tip: Select only the classes/terms for which you are currently using the trademark or plan to use it in the foreseeable future. A list that is too broad can make your trademark vulnerable for parts not used in trade – trademarks are subject to a requirement of use. On the other hand, a subsequent extension of the list of goods or services within the same trademark is not permitted. Classes should therefore be chosen with care.
It’s not just logos and words that can be protected as trademarks. Trademark law recognizes various types of trademarks, for example:
- word marks: consist exclusively of letters of the Latin alphabet, numbers, and permissible special characters, without color, specific typeface, arrangement, or figurative elements
- figurative marks: graphics or logos without word elements
- combined marks / word and figurative marks: a combination of text and graphics
- color marks: a color or combination of colors as such
- sound marks: a characteristic tone, sound, or melody
- shape marks: a three-dimensional shape
A detailed list of common trademark types and how they are represented can be found in Information Sheet MA501 (available in German only).
Only word, figurative, and word and figurative marks are eligible for fast-track applications (which allow for expedited processing with an approximate processing time of ten business days). For all other types of trademarks, only the standard procedure is available.
In addition to individual trademarks, which are intended to identify a company’s goods or services, there are two types of trademarks with their own rules:
The collective mark is registered by associations, societies, or similar groups of persons – such as professional associations or chambers. It identifies the goods or services of the association’s members and indicates their shared membership in the association. The application must be accompanied by the regulations governing the conditions under which the trademark may be used.
Special provisions apply to geographical collective marks: If a collective mark consists of indications that designate the geographical origin of the goods or services, the regulations governing its use must provide that any person whose goods or services originate from the relevant territory and who meets the conditions of use may become a member of the association. For further information, see Information Sheet MA501, section 4.2.6, paragraph 2 (available in German only).
The certification mark works differently: It does not indicate a product’s origin, but rather guarantees a specific quality standard – such as regarding materials, manufacturing methods, or precision. Here, too, the regulations governing use must be submitted upon application. Typical examples include quality seals.
Separate application requirements apply to both forms.
A trademark application is more affordable than many people think: The basic fee for an online application is currently €294 and covers up to three classes of goods and services. Each additional class costs an extra €75. The application fee for collective and certification marks is currently €474 for online applications and also covers up to three classes.
Trademark protection is valid for ten years from the filing date. To renew, simply pay the renewal fee on time – no separate application is required.
Warning: There are recurring instances of deceptively genuine-looking invoices and payment demands that appear to be official correspondence from government agencies.
Registering a trademark: Here's how it works
The Austrian Patent Office does not check during the registration process whether identical or confusingly similar earlier trademarks already exist. A trademark can therefore be registered even if there are earlier similar trademarks – however, the owners of these earlier trademarks can then file an opposition against the registration of the later trademark or request its cancellation. They can also sue in the Vienna Commercial Court to seek an injunction against unauthorized use of the trademark and, if applicable, damages.
Therefore, before filing an application, conduct a free search in:
- see.ip – the register of the Austrian Patent Office
- TMview – the EUIPO trademark database
- eSearch plus – for EU trademarks
- Madrid Monitor – for international trademarks
Tip: Use our Trademark Similarity Search or the Pre Check Trademark for more in-depth assessment.
You can submit a trademark application in three ways:
- digitally via our Online Filing
- by mailing Form MA 1
- in person at the Customer Service Center of the Austrian Patent Office
Applications submitted by email are not accepted.
When filing an application online, the system automatically determines whether a fast-track application is possible. This option is available only for word marks, figurative marks, and combined word and figurative marks with goods or services classifications from the harmonized TMClass database, and requires immediate payment of the application fees during the filing process. The advantage for you is processing in approximately ten business days.
Paper applications, as well as applications for collective and certification marks, are always standard applications – without the fast-track option.
- the name and address of the applicant, including signature
- the trademark to be protected (representation of the mark)
- a list of goods and services according to the Nice Classification
In principle, any person with legal capacity – whether an individual or a legal entity – may file an application.
For natural or legal persons with a residence or place of business in Austria, there is generally no requirement for representation. However, you may still choose to be represented. If you are not represented by professional representatives such as patent attorneys or attorneys-at-law or notaries, you must submit a written power of attorney. Persons authorized to represent a company under corporate law, such as managing directors, authorized signatories, and authorized commercial representatives, do not need to be named as representatives.
Anyone who does not have a residence or place of business in Austria, Switzerland, or the EEA requires professional representation (patent attorney, attorney-at-law, or notary).
After filing the application, you will receive an acknowledgment of receipt with a file number. For online applications, this is done automatically; for paper applications, it is sent within one week.
First, the Austrian Patent Office examines formal aspects such as the trademark appearance and the list of goods and services. This is followed by an examination of registration criteria, which assesses whether the trademark is eligible for protection and whether there are any grounds for refusal – e.g., the trademark lacks distinctiveness (e.g., “Our bread is the best”), consists exclusively of descriptive terms, e.g., regarding the type, quantity, quality, or geographical origin of the products (e.g., “Viennese bread”), or is misleading (e.g., “organic” for non-organic goods) or offensive. When examining trademark applications, we follow the common examination practices and standards established by the European Union Intellectual Property Network.
Non-distinctive or purely descriptive trademarks can only be registered if – based on their promotion and actual use – they are verifiably recognized throughout Austria as the mark of a single company, i.e., if they have acquired distinctiveness.
If there are any concerns, you will receive a written notice giving you the opportunity to respond.
At the end of the process, the trademark will either be entered in the trademark register or the application will be rejected or dismissed by means of a decision which may be challenged by filing an appeal (Rekurs).
If an official deadline is extendable, an extension may be requested.
In the application process, a request for further processing may be filed after a trademark application has been rejected due to a missed deadline. The request must be filed within two months of the notice of rejection being served, the omitted action must be completed, and the fee for further processing must be paid. No justification is required. The fee for such a request is €156.
Anyone who misses a deadline due to an unforeseen or unavoidable event and suffers a legal disadvantage as a direct result may apply for reinstatement of the deadline. This may be done within two months after the obstacle ceases to exist, but no later than twelve months after the deadline has expired. As a justification, the circumstances that prevented meeting the deadline must be stated and proven accordingly. At the same time as the request is filed, the action that should have been taken within the missed deadline must be completed.
An application for reinstatement costs €288.
After a positive examination, the trademark is entered into the trademark register. You will receive a confirmation of registration and a certificate. From this point on, the ® symbol may be used.
Publication takes place in the Austrian Trademark Gazette on the 20th of each month. Trademark protection is valid for ten years from the filing date – not from the date of registration.
An appeal (Rekurs) against a rejection may be filed with the Higher Regional Court of Vienna – it must be submitted in writing to the Austrian Patent Office. There is no requirement for legal representation in the appeal proceedings.
Forms as PDFs
We recommend submitting your application through Online Filing. If you prefer to file by mail, please send an email to info[at]patentamt.at, and we will provide you with the appropriate PDF form.
Would you like to protect your trademark outside of Austria as well?
There are two ways to do this: the EU trade mark for the entire EU area and the international trademark via the Madrid System, which currently provides protection in more than 130 countries worldwide.