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Pre Check

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Add value to your trademark concept by means of a search comprising a legal assessment of your trademark prior to application. This search will be carried out quickly, discretely and competently.

A summary of the advantages

Without your competitors being aware you can have your wordmark, combined mark or logo discretely examined by means of a PreCheck.

What we examine for you is:

  • Whether your trademark is capable of being protected, i.e. whether it is distinctive, is not descriptive and not deceptive
  • Which older registered trademark rights (national, international or EU trademarks) might pose a legal threat
  • Whether trade names exist that include your trademark as an integral part or consist completely of the same

Please note!

The Austrian Patent Office principally considers the PreCheck findings regarding a mark’s distinctiveness binding should a trademark application for a mark be submitted within the 3 months following the order date. A departure from this general policy is possible in individual cases. You will however receive a separate declaration should this happen.

What do you receive from us?

You receive a clearly arranged report which includes:

  • A timely and well-founded answer to the question whether the trademark is capable of being protected. The trademark’s protectability is assessed with regard to the general classes of the Nice Classification. Your ability to supply us with a description of your business purpose in your own words greatly enhances the accuracy of our assessment which good and service areas are likely to be of particular interest to you.
  • A Trademark Similarity Search comprising explanatory notes respecting those identical and similar trademarks considered to be the most “jeopardizing”.
  • A commercial register search in the pertinent database of the Republic of Austria.

PreCheck provides a legally sound assessment of your trademark’s capability of being protected. In spite of this, we cannot guarantee that your trademark will surely be registered should you submit an application. Too, PreCheck has no legally binding effect in opposition or nullity proceedings before the Austrian Patent Office or court proceedings.

What do we need from you for the search?

Order PreCheck in three steps: fill in the online form, pay and send the form via E-mail.

Time of delivery

You will receive the findings per E-mail within 5 working days. Please bar in mind however that we are closed on Saturdays, Sundays and bank holidays.

Costs

The cost of a PreCheck for 5 classes is 210 EUR. Each additional quota of up to 10 classes entails a surcharge of 25 EUR. Payments can be made conveniently when ordering via credit card or telebanking. There is no value added tax.

As this is a service governed by private law our terms and conditions of conducting business according to www.patentamt.at/AGB obtain.

Order placement

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