Austria
Fees for registering Austria trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Austria are mainly based on the Trademark Law of July 7, 1970, which was revised on January 14, 2019. The Austrian Patent Office is responsible for managing trademark affairs and the official language is German. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. The Austrian trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Austria is a party to international intellectual property treaties such as the TRIPS Agreement, Nairobi Treaty, Geneva Conventions, Paris Convention, Nice Agreement, and Convention Establishing the World Intellectual Property Organization. It is also a member of the Madrid Agreement and Madrid Protocol, and a member of the European Union. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
Trademark Registration Process
At present, the Austrian Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Austria include: text, names, letters, numbers, graphics, badges, colors, three-dimensional shapes, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Austria must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
If priority is declared, proof of priority must be provided.
The main process for applying for registration of an Austrian trademark is: application - examination (absolute reasons) - approval and issuance - announcement. The application will be accepted within 3-5 working days after submission, and the examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, a registration certificate will be issued and arranged for public announcement. The opposition period is three months from the date of announcement. Any interested party may raise an objection to the registration of the trademark with the Patent Office. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered. In a smooth situation, trademark registration in Austria takes about 10 months; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
Trademark registration materials
The Austrian trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
After trademark registration, an application for revocation/invalidation can generally be filed in accordance with Articles 29 to 34 of the Austrian Trademark Law of July 7, 1970. The main reasons for revocation/invalidity are:
1. Violation of the provisions of the Trademark Law (lack of distinctiveness, violation of public order or social morality, etc.);
2. Infringement of prior rights (including prior registered trademarks, well-known trademarks, name rights, etc.);
3. Without justifiable reasons, the trademark has not been actually used on the goods or services specified at the time of registration for five consecutive years;
4. Become the common name for the product or service in business;
5. Causing misunderstandings, especially in terms of the nature, quality, or geographical origin of goods or services;
6. Malicious registration.
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