Trademark registration in Austria. Austria, officially the Republic of Austria, is a landlocked East Alpine country in the southern part of Central Europe. Anyone can file a trademark registration in Austria, regardless of whether they are a person or a legal entity (company). Trademark owners don’t need a representative to file a trademark in Austria. However, trademark owners are entitled to have a representative. If the representative they choose is not a professional representative such as a patent law firm, law firm, or notary’s office, they must present a written authorization letter.
Trademark filing requirements in Austria
The official language of the proceedings before the Austrian Patent Office is German. The necessary documents required to provide to the Patent Office are:
– A request to register a trademark, containing a name and full address of the applicant(s);
– Sample of the trademark;
– A list of goods and services according to the Nice classification;
– Authorization letter.
Normally, it is not obligatory to submit the Priority Document; however, it may be requested by the Patent and Trademark Office. The trademark owners will then need to submit the documents applying for priority date (If any)
An original or a certified copy of the authorization letter needs to be submitted to the Austrian Patent Office along with the application.
Examination and opposition period of a trademark application in Austria
The trademark will undergo a formality examination process. This examination will search for prior trademarks (optional) to see if there have been any similar previously registered trademarks. After that, there will be an examination of distinctiveness.
The opposition period for trademarks in Austria is three months from the publication of the registration.
If there are no problems in form and no objections from the third parties, the trademark will take approximately 3-4 months to be granted a protection certificate.
Grant, validity term, and trademark renewal
The grant fee is to be paid together with the application fees.
The validity term of a trademark in Austria is ten years from the filing date.
Trademark registrations in Austria may be renewed for periods of ten years provided that renewal of registration is applied within one year before the expiration date. It is possible to apply for renewal within a grace period of six months after the expiration date on the condition that a surcharge is paid.
Cancelation condition
An Austrian trademark that has not been used within five continuous years after its registration can be revoked upon request of any third person.
You can see a list of Austria IP firms here.