Opposition against a trademark in Austria
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Information About our Consulting Services and the Opposition Procedure in Austria
Our law firm provides comprehensive support in the trademark opposition process against registrations in Austria. If you believe your trademark rights are infringed by a new registered trademark, you can actively file an opposition to protect your interests.
Deadlines for Filing an Opposition
The opposition must be submitted within 3 months of the trademark's publication to the relevant Austrian Patent Office (Österreichisches Patentamt). It is crucial to adhere to this deadline to secure your claims.
Possible Grounds for Opposition
Common grounds for an opposition include:
- Likelihood of Confusion: If the new mark is similar to your existing mark and could lead to consumer confusion.
- Prior Use: If you have used your mark before the registration of the new mark, you can assert your prior use.
- Lack of Distinctiveness: A mark that is not sufficiently distinctive may be considered unprotectable.
Duration of the Procedure
The entire process can take several months, depending on the complexity of the case and the processing time of the Patent Office. We will keep you informed about all developments throughout the process.
Comprehensive Services to Enforce your Trademark Rights
- Assessment of Success Chances: We analyze the likelihood of success for your opposition and provide strategic recommendations.
- Documentation and Legal Argumentation: We prepare all necessary documents for your opposition and formulate your arguments clearly and convincingly.
- Strategic Legal Advice: We assist you in developing a tailored strategy for enforcing your trademark rights.
- Representation in the Procedure: We handle communication with the Patent Office and keep you updated on the progress of your application.
Non-binding Assessment of your Situation
We offer an initial, non-binding evaluation of your situation. Your inquiry will be treated confidentially.
If you need further information or support in other countries, please do not hesitate to contact us. We are here to assist you at any time.