In Austria, trademarks can be protected and enforced as Austrian trademarks, EU trademarks, and Austrian trademarks based on international registration under the Madrid Protocol.
The Trademark Protection Act (260/1970, Federal Law Gazette) lays out the legal framework for trademarks at the federal level. The EU Trademark Directive (89/104/EEC), which aims to harmonize the national trademark laws of EU member states partially, is implemented by its provisions. The Austrian Law against Product Piracy and the EU Customs Code are also applicable.
The EU Community Trademark Regulation (207/2009) and its implementing regulation (2868/95), both updated by the Amending Regulation (2424/2015), set the rules for EU trademarks.
Further, Austria is a signatory to the following international treaties:
- The Paris Convention for the Protection of Industrial Property;
- The Agreement on Trade-Related Aspects of Intellectual Property Rights;
- The Madrid Protocol on the International Registration of Marks; and
- The Nice Agreement on the International Classification of Goods and Services.
Trademark Registration Process
Within six months, you can obtain a certificate of registration for an Austrian TM. If a third party contests the registration of your TM, the procedure could take years. There are numerous possible causes for this. The main one is that your brand is similar to an already registered brand, which can lead to confusion when a potential customer cannot tell one manufacturer’s products from another.
The trademark registration in Austria is regarded as being effective as soon as your TM is entered into the Trademark Register.
Note: After the formal ten years of usage, the regional patent office does not issue a brand renewal certificate. No other conditions, such as proof of TM use in Austria during this time, are necessary besides the renewal cost.
Period to Oppose
The examination process consists of a formal examination, a search for prior trademarks (optional), and an examination of distinctiveness. The opposition period for the trademark in Austria is three months from the publication of the registration.
Validity Period
In addition to the application fees, there is also a grant fee. A trademark is valid for ten years in Austria following the filing date. If the renewal application is submitted one year before expiration, trademark registrations in Austria may be extended for ten years. A surcharge must be paid to apply for renewal during the grace period of six months following the expiration date.
Requirement of Use
The trademark must be put to use within five years of the registration date; alternatively, it may be canceled at the request of third parties if it is not utilized within five straight years of the Trademark Office’s receipt of their cancellation request.
Also, contact us for patent registration in Austria.