Trademark registration in is an important activity for businesses wishing to do business in the Austrian market, the right to a trademark in Austria will be granted to the individual or company using the mark for the first time in Austria.
Although trademark registration is optional, in practice, registration will give businesses an advantage in clearly proving ownership and preventing future conflicts related to ownership. trademarks as well as protecting businesses from trademark infringement cases. Trademark applications in Austria must be filed with the Austrian Intellectual Property Registry.
It is not necessary to use a trademark to register it in Austria.
Requirements when filing a trademark application in Austria
An application for registration of a trademark in Austria must contain the following information: the mark to be registered, the request for registration of the mark in Austria, information on the trademark representative, information about the applicant(s), a list of goods and/or services according to the Nice classification, power of attorney if the trademark application in Austria is filed by an intellectual property agent, priority document. The language of the procedures in the process of filing a trademark application in Austria is German.
The original or certified copy of the Power of Attorney must be submitted to the Austrian IP Office. This document should be submitted with the application.
Applicant owners usually do not have to submit a priority document when registering a trademark in Austria, but they will have to supplement this document if notified by the IP office.
Term of validity and renewal of trademark
Fees for granting a certificate of trademark registration in Austria are not regulated. Trademark registration certificates will be valid for 10 years from the date of issuance and can be renewed for 10 consecutive years. Trademark renewal requests may be filed within six months prior to the expiration of the validity period of the trademark registration. Trademarks can be renewed for up to six months after the expiration date at no additional charge. To renew a trademark, a Power of Attorney is required.
Usage requirements
Trademarks may be canceled on the grounds that they are not used in any country of the Andean community within three years from the date of registration.
Represented by a trademark attorney
For foreign applicants, a trademark search in Austria should be carried out through a law firm or registered trademark attorney in Austria.
You can find the list of Austria IP firms here.