Changes to the Register Regarding National Trademarks

The name or address of the holder of the trademark may change (e.g., due to a company name change, marriage, or divorce) without the holder of the name (natural or legal person) changing. An entry in the trademark register is not required, but is recommended to ensure that the holder of the trademark remains reachable by the Office and third parties and to prevent delivery issues.

Name changes or changes to the company name are subject to a fee and must be supported by relevant documents (extracts from the commercial register, marriage certificates, etc.). A request for this type of change costs €100,-. 

Address changes (such as a change of mailing address, phone number, or email address) are free of charge and do not require supporting documents.

The announcement of a change in representation is free of charge and does not require supporting documents. A representative is required to submit proof of power of representation. For professional representatives (patent attorneys, attorneys-at-law, or notaries), referencing the granted authorization is sufficient.

If you transfer a trademark right in whole or in part to a new owner through a legal transaction (sale, purchase, gift, etc.), you will need to provide proof for the change of ownership in the register, such as a joint written declaration from the previous and new owner(s), a deed of transfer, or a purchase agreement.

In the case of a transfer of rights due to a merger, division, or conversion of the company, or due to inheritance, proof must be provided by submitting relevant documents, e.g., by presenting a devolution certificate with confirmation of legal validity or extracts from the commercial register or other relevant registers that demonstrate the transfer of rights.
Austrian documents may be submitted as uncertified copies; foreign documents require notarization or certification by a court, including legalization, depending on the country of issuance, but may also be submitted as copies.

For transfers made in the course of insolvency proceedings, the certificate of appointment of the insolvency administrator must be submitted, and, if applicable, proof of the court’s approval of the transfer must also be provided.

A transfer of rights is valid even without registration in the register. However, rights against third parties may only be asserted by the trademark owner listed in the register, and all notifications are sent to that person – therefore, updating the register is recommended.

The fee is €147,- per trademark concerned.

Here you can find a non-binding template for the declaration of transfer.

When a trademark or trademark application is divided, the trademark itself is not changed; instead, only the list of goods and services is split. This results in multiple trademarks (or trademark applications), each covering a part of the original list, which continue to belong to the same owner. 

A division may be useful, for example, to continue parts of the trademark separately in the event of disputes or ongoing proceedings. Possible reasons for a division:

• If, during the examination process, protection is denied for only a part of the claimed goods or services in an application, the grant of protection for the part that is not objected to is also delayed until the question of whether the objection was valid is legally resolved (i.e., until a decision is issued by the Higher Regional Court of Vienna or the Austrian Supreme Court of Justice). However, the trademark applicant may have an interest in quickly registering the trademark for the goods and services that do in fact meet the registration criteria, for which they need a registered right. In this case, they will consider separating the goods/services that were rejected and dividing the trademark
• Trademarks are often applied for uniformly across all business sectors of a company (e.g., house marks). If a need for financing subsequently arises in individual business units, the trademark could be divided, and only the sub-trademarks relevant to the respective business units could be pledged as collateral for a loan

The division is effected by means of a declaration of division, which is not subject to any formal requirements, specifying the trademark to be divided and the goods or services concerned. These must not overlap with the goods or services remaining in the original trademark or with those of any previous divisions. A statement of reasons is not required.

The fees for a request for division amount to €200,- and must be paid within a non-extendable period of two months from the date of filing. Further processing or reinstatement in the event of a missed deadline is excluded; however, a new request for division may be filed at any time. 

Note: Registered trademarks may only be divided after the opposition period has expired (i.e., three months after the registration is published in the Trademark Gazette). If a declaration of division is filed during ongoing opposition or invalidation proceedings, the division will not be carried out until those proceedings have been concluded, provided the trademark remains valid for the goods and services in question.

By limiting the list of goods and services, you waive part of the trademark protection, e.g., to avoid disputes or to remove unused areas. The request may only be filed by the registered trademark owner and is free of charge. The restriction is irrevocable – new goods or services not covered by the original scope of protection cannot be added.

You can either sign the online request electronically (eID card/mobile signature) or upload a corresponding confirmatory document with a handwritten signature. For companies, ensure that the document is officially signed.

Tip: With this online service, you can import, edit, and refine the trademark’s existing list of goods and services.

If the details of the owner of the trademark to be restricted have changed from the current register status, you should also file a request for “transfer of trademark rights” or “change of name or address” so that the register details for the remaining scope of the trademark can be corrected. However, you can also submit a comprehensive request you have worded yourself under “Other Entries/Requests.” If you do not wish to change the details at this time but still want to limit the list of goods or services, you must upload proof of the name change or legal succession as PDF files in the form.

A complete or partial renunciation of a trademark right may only be requested by the registered trademark owner (or their representative).

The online request must either be signed electronically (eID card/mobile signature) or a corresponding confirmatory document with a handwritten signature must be uploaded. For companies, ensure that it is officially signed.

The (partial) renunciation is free of charge and irrevocable.

To record a license
To record a license in the trademark register, the license agreement must be signed by all contracting parties (a copy is sufficient). The signatures of the licensor must be notarized or certified by a court to verify their authenticity; in the case of companies, the signatory’s authority to sign must also be certified.

To cancel a license
To cancel the registration of a license for a trademark, an agreement or declaration from the contracting parties must be submitted, in which they consent to the cancellation. The signatures of the licensee must be notarized or certified by a court to verify their authenticity; in the case of companies, the signatory’s authority to sign must also be certified.

Costs
Any party involved may request the recording or cancellation of a license, and the fee is €147,- per trademark.

To record a lien
To record a contractually established lien on a trademark, the letter of lien bearing the signatures of all contracting parties is required (a copy is sufficient). The signature of the lien grantor must be notarized or certified by a court to verify its authenticity; in the case of companies, the signatory’s authority to sign must also be certified. The amount of the claim to be secured must also be specified. 

The recording of an enforceable lien is carried out via a court order and is free of charge in this case.

To cancel a lien
To cancel the registration of a lien on a trademark, an agreement or declaration from the lien holder consenting to the cancellation must be submitted. The signature of the lien holder must be notarized or certified by a court to verify its authenticity; in the case of companies, the signatory’s authority to sign must also be certified.

Costs
The recording or cancellation of a lien may be requested by any party involved and costs €147,- per trademark.

In ongoing proceedings or in relation to existing national trademark rights, responses to official correspondence may be submitted – either along with additional documents or simply on one’s own initiative, e.g., the withdrawal of an application or an opposition.

The pleadings and documents must be uploaded as PDF files in uncertified form. Summaries or explanatory notes may also be provided in a comment field.

If you haven’t found a suitable form for your request, select the “Other” option in the drop-down menu to submit your request.
Supported file formats: pdf, jpeg, wav, mp3, and mp4.

However, any applicable fees will not be automatically charged in this case. You are required to pay them manually.

Corrections may be requested for obvious errors in official documents and any resulting inaccuracies, including typographical errors, errors in the preparation of official documents, and other oversights that are not the result of an official decision. The correction is free of charge.