Trademark Registration Austria
| Flat fee incl. official fees | Yes |
|---|---|
| Fee additional class | EUR 120.00 |
| Classes included | 3 |
| Multiple classes possible | yes |
| Protection Period (years) | 10 |
| International Registration possible | Yes |
| Power of Attorney must be notarized | No |
| Legal Advice | Yes |
| 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
III. Classification
· 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.
Ask us! We will gladly advise you.
Jens Liesegang
Attorney-at-Law, Certified IP Lawyer
Normen Lang
Attorney-at-Law, Certified IP Lawyer and Certified lawyer for Information Technology Law
Service overview regarding trademark registration
Legal advice by specialist attorneys by telephone, email or video on the planned trademark application
Examination of the trademark for registrability (absolute grounds for refusal such as the need to keep the trademark free due to descriptive indications, lack of distinctiveness)
Optional: Trademark search for similar trademarks and related advice
Preparation of the list of goods and services for optimal protection
Filing of the application and sending of the confirmation of the application
Correspondence with the Trademark Office, if necessary adjustment of the list of goods and forwarding of objections without further costs. Opposition proceedings and comments on refusals only against separate remuneration.
Examination and sending of the trademark certificate
optional: trademark monitoring due to conflicting trademark applications
Testimonials From Our Clients
What is a trademark?
A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered.
What trademarks are NOT registerable?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
What does a trademark application cost in other countries?
We have prepared a cost overview of the costs of trademark registration in all countries. In it, you will find a table listing all the costs for filing a trademark application. The costs include all attorney fees and the costs of the trademark offices.
What are the benefits of a trademark registration?
Although unregistered trademarks receive some protection in different countries, trademarks can be further protected through registration. A trademark registration provides additional substantive and procedural rights. In this article you can find more details about the benefits of a trademark registration.
When can I use symbol (R) or TM?
Symbol “TM” can be used after filing of trademark application. (R) should be used only after registration of trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
How do I find and register a trademark?
We have summarized in an article how to proceed strategically to develop and protect a meaningful trademark in our article Strategy for Trademark Finding.
What are Nice Classes?
Trademarks need to be protected for specific goods or services. Here you can learn more about the Nice Classification and for which goods your trademark should be registered.
What is trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Will my trademark registration be valid for all types of services and goods?
Trademarks are registered for specific goods or services. Therefore they are only valid for these specific goods. The classes, to which these goods or services belong, are only relevant for the calculation of fees and to narrow searches for similar trademarks. A trademark can also be infringed if an identical or similar sign is used for similar goods or services. Goods or services are similar if they are complimentary or serve the same purpose, are usually produced or offered by the same undertakings and distributed in the same channels.
Should I conduct a trademark search before filing for an application?
Yes, it is advisable to conduct a trademark search before filing an application for registration. Before making an application for registration it is reasonable to review trademarks that are already registered, just to make sure that the proposed trademark is not denied due to similarity with other trademarks. It will save you both time and money. You can order a professional trademark search here.
How do I register a trademark?
In our article "How do I register a trademark?" we explain the steps involved in a trademark application and the best way to proceed.
What is the difference between a word mark and a word/figurative mark?
There are different types of trademarks. The most important ones are the word mark and the word/figurative mark. In our article What's the difference between a word mark and a word/figurative mark, we explain the differences and which type will give you the most trademark protection.
