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Offices| Aspect | Details |
|---|---|
| What is a Trademark? | A trademark is a distinctive identifiable sign, expression, or symbol that represents a brand. |
| Cost | The cost of trademark registration in Austria starts from $445. |
| Timeline |
Register a trademark in Austria within 1 to 6 months |
| Benefits of Trademark Registration |
The benefits of Austria Trademark Registration Process are as follows:
|
| Types of Marks |
Types of trademarks for trademark protection in Austria are as follows:
|
| Documents Required |
The list of documents required for trademark filing in Austria are as follows:
|
| Who can Apply |
The eligibility criteria for the Austria trademark registration process are as follows:
|
| How to Register a Trademark in Austria? |
The Austria Trademark Registration Process is as follows:
|
| How can we help you |
|
Sheild your trademark and establish a unique selling point in the robust economy of Austria with trademark registration in Austria.
Trademark registration in Austria is a process that helps Austrian and global entrepreneurs create a unique brand identity in the 5th largest economy in the European Union (EU) with a EUR46,200 per capita gross domestic product (GDP) with top markets in Automobile, Petro-Chemical, tourism, Finance, Insurance, Food & Beverage, E-commerce & Retail and Service Provider Industries.
Austria enacted the Trademark Protection Act 1970 as per the Federal Law Gazette No. 260/1970 (WV) that executes the European Union (EU) Trademark Directive (89/104/EEC), which aims to unify the trademark registration process amongst all the EU member countries. Austria also implements the EU Regulation No 952/2013 on the Union Customs Code and Regulation (EU) 2024/2822 on Design Protection.
Austria is a signatory to the Paris Convention, Madrid Protocol, Vienna Convention, Trademark Treaty Law of 1994, Nice Agreement, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Unified Austria- European Union (EU) Trademark Law
Trademark Treaty Law Enactment with 54 Countries
Unified EU Border Control
Free Austria Trademark Search “see.ip”
Trademark Validity for 10 years
Protection Against Forgers
Simplified Austria Trademark Registration Process
Easy Renewal Process
Trademark registration in Austria helps Austrian and global entrepreneurs obtain several benefits through trademark registration, such as competitive advantage and legal protection. The benefits of Austria trademark registration process are as follows:
Trademark registration in Austria helps Austrian and global businesses obtain exclusive brand rights for their registered brands, which further helps the latter establish a strong business presence in the competitive markets of Austria.
Trademark registration in Austria helps Austrian and global businesses obtain the Customs Authority Austria (ZAÖ)’s assistance to monitor the import and export of their products or services. The ZAÖ helps reduce the import and export of counterfeit brands for registered trademark owners.
Trademark registration in Austria helps Austrian and global businesses create a unique brand identity for their products or services, which further helps build a competitive advantage and customer trust in the market.
Trademark registration in Austria helps Austrian and global businesses improve brand recognition, which increases the overall business value in the diverse consumer market. A registered trademark works as an asset for a business, enabling it to sell, license, or franchise the same, thereby creating an advantage over competitors in the market.
Trademark registration in Austria helps Austrian and global businesses obtain legal protection against the unauthorized use of their products or services. The Austrian trademark laws entitle trademark owners to file lawsuits and claim monetary damages against the unlawful use of their brands.
Trademark registration in Austria can help Austrian and global businesses expand their business ventures into the international market by enabling them to register a trademark via the single application process in multiple World Intellectual Property Organization (WIPO) member states through the Madrid Protocol.
Austrian and global entrepreneurs must understand how to register a trademark in Austria. The procedure to register a trademark in Austria is as follows:
The applicant must conduct the Austria Trademark Search via the “see.ip” to detect any early infringements.
The applicant must submit the Austrian Trademark Application with documents to the Austrian Patent Office- Das Österreichische Patentamt (APO) through the online or postal service.
The Austrian Patent Office- Das Österreichische Patentamt (APO) examines the application to verify the applicant’s details and the legitimacy of the trademark and publishes the same on their official gazette.
The Austrian Patent Office- Das Österreichische Patentamt (APO) allows an opposition period for third parties to file oppositions against the newly published trademark on their official gazette.
The Austrian Patent Office- Das Österreichische Patentamt (APO) grants the Austrian Trademark Registration Certificate authorizing exclusive ownership of the trademark to the applicant.
The timeframe to register a trademark in Austria takes 4 to 6 months. The timeline for the Austria trademark registration process is as follows:
The applicant takes 2 to 4 days to conduct the Austria Trademark Search via the “see.ip” to detect any early infringements.
The applicant takes 1 to 3 days to submit the Austrian Trademark Application with documents to the Austrian Patent Office- Das Österreichische Patentamt (APO) through the online or postal service.
The Austrian Patent Office- Das Österreichische Patentamt (APO) takes 4 to 8 weeks to examine the application by verifying the applicant’s details, validating the legitimacy of the trademark, and publishing the same on their official gazette.
The Austrian Patent Office- Das Österreichische Patentamt (APO) provides a 12-week opposition period for third parties to file oppositions against the newly published trademark on their official gazette.
The Austrian Patent Office- Das Österreichische Patentamt (APO) takes 4 to 8 weeks to grant the Austrian Trademark Registration Certificate authorizing exclusive ownership of the trademark to the applicant.
The Austrian Patent Office-Das Österreichische Patentamt (APO) takes 10 days to register a trademark in Austria through the fast-track e-filing trademark registration process. The cost of trademark registration in Austria through the fast-track e-filing is EUR280. The APC allows the fast-track e-filing for up to 3 products or services.
The applicant must conduct a proper Austria trademark search via the see.ip for domestic trademarks to avoid early trademark infringements.
Austrian and global entrepreneurs must understand the documentation requirements before making a formal application with the Austrian Patent Office-Das Österreichische Patentamt (APO). The requirements for the Austria trademark registration process are as follows:
Austria Trademark Application Form
Austria Trademark Application Form
A Print or Representation of the Trademark
A Summary of the Trademark
List of goods or services as per the Nice Classification (NCL) or Vienna Convention
A Power of Attorney (POA), if any
Priority and Translated Documents, if any
Payment Confirmation Receipt
Name and Address of the Local Agent, if any
Company Registration Number for Corporate Applicants
Yes, trademark registration in Austria is eligible for renewal. The applicant must apply for trademark renewal in Austria within the last 12 months of the ongoing 10-year registration period for EUR280 via online and EUR300 via postal applications with the Austrian Patent Office- Das Österreichische Patentamt (APO). The APO also provides a six-month grace period to renew a trademark registration post the expiration of the ongoing 10-year registration period for a late fee.
The APC requires documentation for trademark renewal in Austria, such as a copy of the original certificate, power of attorney (POA), if any, and continuous trademark usage proof.
Easy Renewal
Six-month Grace Period
Less Cost for Renewal E-filing
Local Agent Mandate
Businesses must understand the various categories of trademarks before making a formal application for trademark registration in Austria. The types of trademarks are as follows:
A word mark is a trademark that consists of words, letters, slogans, phrases, or numbers. It protects the textual representation of a brand. An example includes the iconic Austrian sweet brand known as “Manner”.
A figurative mark is a trademark that consists of images, logos, or illustrations without any text elements. It protects the graphical representation of a brand. An example includes Swarovski’s swan logo on its packaging.
A combined mark is a trademark that consists of words, letters, numbers, phrases, images, or logos. It protects a combination of textual and graphical elements of a brand. An example includes the iconic Austrian energy drink known as “Red Bull”.
A three-dimensional (3D) is a trademark that consists of 3D shapes, logos, or images. It protects the 3D element of a brand. An example includes the famous Coca-Cola’s glass bottle.
A sound mark is a trademark that consists of sounds or a combination of audio effects, like songs or audio compositions. It protects the audio representation of a brand. An example includes the iconic Metro-Goldwyn-Mayer (MGM) Lion’s Roar in films.
A motion mark is a trademark that consists of movements or shifts in movements. It protects the constant shift in the placement of a brand. An example includes the iconic Microsoft Windows animation.
A hologram mark is a trademark that consists of holographical elements. It protects all the viewing angles that highlight the holographic features of a brand. Common examples are the holographic details on Visa & Mastercard’s debit and credit cards.
A pattern mark is a trademark that consists of repetitive elements. It protects the recurring characteristics of a brand. An example includes the famous shoe brand Adidas’s three stripe patterns on its shoes.
A color mark is a trademark that consists of colors or a combination of colors. It protects the colorful elements of a brand. An example includes the iconic red and silver color mixture on the Austrian energy drink called “Red Bull”.
A multimedia mark is a trademark that consists of words, logos, three-dimensional (3D) shapes, sounds, or visual effects. It protects both the audio and visual elements of a brand. An example includes Lamborghini’s extraordinary door open motion.
A certification mark is a trademark that certifies products or services based on their origins, manufacturing process, or quality standards. An example includes the Austria Quality Seal (Österreichisches Qualitätszeichen - ÖQA)
A collective mark is a trademark that consists of brands that are collectively held by a group of companies or associations. An example includes the Austrian chartered accountants’ use of “Wirtschaftsprüfer" (Certified Public Accountants).
A service mark is a trademark that consists of services. It protects the service element of a brand. An example is DHL Austria, the global courier service provider in Austria.
Austrian and global entrepreneurs must understand the eligibility categories before making a formal application for trademark registration in Austria. The checklist to register a trademark in Austria is as follows:
All industries that have a distinct brand identity must register a trademark in Austria.
Top Industries Seeking Trademark Licensing in Austria
Top 10 Businesses Seeking Trademark Registration in Austria
It is important to maintain post-registration compliance for Austria trademark registration process. The compliance checklist is as follows:
We have 10+ years of expertise in intellectual property (IP) registrations all across the globe. Take a look at the main reasons why Enterslice should be your go-to partner for trademark registration in Austria:
A trademark is a legal protection that differentiates a product or service through the means of words, logos, or symbols.
The Trademark Protection Act 1970, as per the Federal Law Gazette No. 260/1970 (WV), is the primary Austrian trademark law that implements the European Union (EU) Trademark Directive (89/104/EEC) by establishing rules for trademark registration, renewal, cancellation, and reinstatement.
The Austrian Patent Office- Das Österreichische Patentamt (APO) is the primary trademark authority that regulates and implements Austrian trademark laws to register, renew, cancel, or reinstate trademark registrations in Austria.
Austria trademark registration process provides a 10-year registration validity in Austria. The Austrian Patent Office- Das Österreichische Patentamt (APO) advises trademark owners to renew their trademark registration to avoid cancellation.
The cost of trademark registration in Austria starts from $445. It is beneficial for Austrian and global entrepreneurs to use the e-filing system instead of the manual or postal systems to register a trademark in Austria.
The different types of trademarks for trademark protection in Austria are as follows:
The benefits of trademark licensing in Austria are as follows:
The eligible ones for the Austria trademark registration process are as follows:
The process of trademark licensing in Austria is as follows:
The timeframe to register a trademark in Austria takes 1 to 6 months. The timeline is as follows:
The documentation requirements for the Austria trademark registration process are as follows:
The list of top businesses that require trademark protection in Austria is as follows:
Yes, trademark owners can renew their trademark registration within the last 12 months of the ongoing 10-year registration period with the Austrian Patent Office-Das Österreichische Patentamt (APO).
Yes, trademark owners can renew their trademark registration within a six-month grace period after the expiration of the ongoing 10-year registration with the Austrian Patent Office-Das Österreichische Patentamt (APO).
Yes, the Austrian trademark law requires the continuous usage of trademark registration for 5 consecutive years. Non-compliance could result in the cancellation of the same of the trademark filing in Austria.
Yes, the Austrian Patent Office (APO) has the “see.ip” Austria trademark search database on its website to detect early infringements for trademark filing in Austria.
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