Pre Check Trademark
Here you’ll receive a legal assessment of your trademark’s registrability as well as information on identical and similar trademarks (national, international, and EU trademarks)
What is the Pre Check Trademark?
As with the Trademark Similarity Search, you will receive an electronic search report on identical and similar prior trademarks. Additionally, with the Pre Check Trademark, you will receive a commented selection of the most relevant identical or similar prior trademarks, combined with a legal assessment of your trademark’s registrability in Austria. We check for you:
- whether your trademark is likely to be distinctive, non-descriptive, or not misleading – and thus meets the requirements for trademark protection in Austria
- which applied-for or already registered trademarks (national, international, or EU trademarks) are identical or similar to your trademark
- whether there are companies with the same name
The following types of trademarks can be examined: word marks, figurative marks, or word-and-figurative marks.
Before ordering a paid trademark similarity search from us, you may want to run an initial search yourself in publicly available, free databases.
Here’s how it works
Fill out the online form with information about your trademark and submit it. For each Pre Check, one (specified or uploaded) sign will be examined.
In the form, you can indicate whether, in the event of a negative assessment of the trademark’s likely protectability, you wish to waive the preparation and submission of the commented search report, including the commercial register search. In this case, 50% of the costs of the Pre Check will be refunded.
We aim to process your request within ten business days. Due to the increased volume of requests, processing times are unfortunately longer than usual. We are therefore temporarily limiting the number of new applications we can accept each month.
Thank you for your understandign. We are already working to expand our capacity.
If the examined trademark is officially filed as a trademark in Austria within three months (from the order date), the Austrian Patent Office will adhere to the assessment of registrability in the Pre Check Trademark search report. Deviations are possible in individual cases, but must be separately justified.
How Much Does A Pre Check Trademark Cost?
The Pre Check Trademark costs €210 for five classes and an additional €25 for every ten classes thereafter.
If no research report, including a company register search, is prepared, 50% of the costs will be refunded immediately.
No VAT is charged.
Please note
A Pre Check Trademark provides a legally sound assessment of whether your trademark is likely to be eligible for protection. However, we cannot guarantee that your trademark will be registered if applied for and that it will remain valid indefinitely. A Pre Check Trademark has no binding legal effect in opposition or invalidation proceedings before the Austrian Patent Office or in court proceedings.
Trademark Similarity Search
Are you confident that your trademark is eligible for protection and simply need an overview of any similar or identical prior trademarks? Then the Trademark Similarity Search is exactly what you need!
The General Terms and Conditions and the Privacy Policy of the Austrian Patent Office apply.