Trademark Registration Austria
|Flat fee incl. official fees||Yes|
|Fee additional class||€120.00|
|Multiple classes possible||yes|
|Protection Period (years)||10|
|International Registration possible||Yes|
|Power of Attorney must be notarized||No|
|Process Duration (est. in months)||3-4|
Trademark Registration in Austria
With this assignment you can order a trademark registration in Austria. We will take care of everything that is necessary for the professional preparation of the trademark registration in Austria, submission of the trademark application in Austria and send the trademark certificate to you.
The price for trademark registration in Austria includes our professional fees as well as the official trademark office fees for the trademark registration in Austria without opposition.
The trademark registration order for Austria includes the following tasks:
First, we check whether the trademark being registered is entitled to protection in Austria (absolute grounds of refusal). Not all trademarks can be registered as trademarks. For instance, merely descriptive terms for the respective goods and services may not be registered as a trademark.
To avoid collisions between your trademark registration in Austria and older trademarks we recommend to conduct a trademark search in Austria which must be ordered separately.
We will e-mail you the prepared trademark registration documents for Austria for your approval and file it then.
Once the trademark was registered in Austria we send you the certificate.
Trademark Law Austria
I. Required documents
· A signed power of attorney. Notarization or legalization of the power of attorney is not required.
II. Application procedure
· The duration of the procedure from the filing of the application to the registration of a trademark is usually 3 to 4 months, provided that the application is not objected to by the authorities.
· The formal requirements for registration are examined. In addition, it is examined whether there are any absolute grounds for refusal, such as lack of distinctiveness. There is no refusal on the part of the office on account of older trademarks. The owners of older trademarks may assert their trademarks in opposition proceedings.
· Procedure: Examination, Registration, Publication
· Nice Classification
· A simultaneous trademark application in several classes is possible.
IV. Opposition procedure
· Within a period of 3 months calculated from the publication of the trademark registration, third parties may file an opposition.
V. Requirements for the use of the trademark
· The trademark must be used within 5 years from the date of registration, otherwise the trademark may be cancelled at the request of third parties if it is not used within a period of 5 consecutive years from the date of receipt of the request for cancellation by the Trademark Office.
VI. Duration of validity
· 10 years from the date of registration of the trademark.
VII. Trademark renewal
· Renewal is possible for a period of 10 years at a time.
· A grace period for trademark renewal of 6 months is granted.
· Additional fees must be paid for late trademark renewal.