Overview of Austria Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 7 minutes.

Austria Trademark Registration

A La Carte Trademark Registration Package $699 USD + govt fee

(563.38 EURO)
  • In the A La Carte Package, it includes limited pre-filing review without conflicting mark search of your trademark. A central project manager at LegalForce will be assigned especially for you who will answer your questions and coordinate with you each step of the way. An international attorney who is specialized in trademark law in Austria will coordinate with foreign counsel. You will pay as you go, meaning that whenever there is an action in your trademark application, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage next stage. Because the trademark filing process is highly variable, this modular approach allows you to budget as your business and brands develops over time.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

Austria is one of the 12 richest countries in the world in terms of GDP (Gross domestic product) per capita, has a well-developed social market economy, and a high standard of living. Until the 1980s, many of Austria's largest industry firms were nationalised; in recent years, however, privatisation has reduced state holdings to a level comparable to other European economies. Labour movements are particularly strong in Austria and have large influence on labour politics. Next to a highly-developed industry, international tourism is the most important part of the national economy.

Who May Apply?

Every individual or legal entity may apply for trademark registration in Austria. The applicant who has neither domestic residence nor place of business in Austria has to be represented either by an Austrian attorney at law, patent attorney, or notary. If the domestic residence or place of business of the applicant is located in the EEA, the appointment of a representative for service having a residence in Austria is sufficient.

What Can Be Registered?

Any mark may be registered if capable of being represented graphically, including personal names, designs, letters, numerals, and the shape of goods or their packaging, provided it is distinctive and is not excluded from registration for any other reason specified in the trademarks act.

What Cannot Be Registered?

Signs or marks may not be registered if they: (1) consist exclusively of: (a) state coats of arms, national flags, or other national emblems etc.; (b) official test or guarantee signs used in Austria or in a foreign state; (c) signs of international organizations; (2) otherwise are not allowed by law; (3) are not distinctive; (4) consist exclusively of signs or indications that may serve to designate the kind, quality, quantity, intended purpose, value, geographical origin, or time of production or other characteristics of the goods and/or services; (5) consist exclusively of customary signs or indications for the designation of the goods and/or services; (6) consist exclusively of the shape; (7) are contrary to public policy and good morals; (8) contain or consist of a geographical indication in relation to wines and spirits. Registration shall be admissible in the above cases 3, 4, and 5 if the sign has acquired a distinctive character in the trade concerned due to the use of the sign prior to the application. Protection for well-known marks The proprietor of a well-known mark is also able to prevent third parties from using an identical or similar sign in relation to goods and services not similar to those for which the well-known mark is registered, provided the use of that sign takes unfair advantage of or is detrimental to the distinctive character or the repute of the wellknown mark.

Rights

A trademark does not entitle its owner to prohibit a third party from using the trademark in relation to goods that have been put on the market in the EEA under the trademark with the owner's consent. The Trademarks Act also provides for the right of the authorized person to prohibit the unauthorized use of the name, the firm name, or the special designation of the undertaking for designating goods or services

Filing Requirements

The following has to be submitted when filing a trademark application: (1) application in written form containing the name and address of the applicant andlor the representative; (2) representation of the sign if the trademark consists only of figures, letters or words having no pictorial design and claiming no specific form; otherwise, a reproduction of the mark (20 prints within the format of 8 x 8 cm). Sound trademarks require an acoustic presentation of the mark in a musical notation or by means of a sonogram together with a tonal presentation of the trademark on a data carrier; (3) specification of the goods andlor services; (4) optional: Priority claim, to be submitted to the Patent Office within two months after the application was filed. Such claim should state the country, date, and application number of the claimed priority; (5) if the mark is a collective mark, the bylaws of the association; and (6) payment of application fees.

Evaluation & Review

The Patent Office examines trademark applications for their compliance with the law and carries out a search for identical or potentially similar marks registered for goods or services in the same class. The search protocol is provided to the applicant in the course of the application proceedings. However, this notification does not affect the evaluation of the scope of protection of the respective sign.

Duration

The protection of a trademark expires 10 years after the end of the month during which the trademark was registered. Renewal can be accomplished by payment of the renewal fee not earlier than one year before and not later than six months after the end of the protection period.

Use

Anyone can apply for cancellation of a trademark if it was not genuinely used for the goods andlor services for which it is registered within a period of five years prior to the cancellation application was filed either by the proprietor or by a third party with the proprietor's consent, unless the nonuse can be justified. Unless nonuse is justified, the owner of the mark must provide evidence of use of the trademark. consistent with the owner's registration. When a trademark is used, only the nondistinctive elements of the trademark may vary from the form in which it was registered.

Domain Names

Domain names in Austria are registered without examination of conflicting prior rights on the basis of the "first come, first serve" rule. Domain names are protected by law according to established court practice provided the domain name is distinctive or has the character of a name. Infringements of a domain name therefore can be pursued in the same way as the infringement of the denomination of a business or a name.

Enforcement

Intentional trademark infringement can be pursued under both criminal law or before civil law courts. Claims under criminal law: Criminal remedies include: conviction of the accused, destruction of the infringing goods, and publication of the Court's decision at the expense of the infringer. Claims under civil law: Civil remedies include: cease and desist orders that also can be claimed in the course of a provisional injunction; destruction of the infringing goods; forfeiture of accounts, compensation (in cases of culpable trademark infringement, instead of compensation the infringed may demand damages including the lost profit or transfer of the profit produced by the trademark infringement); irrespective of proof of damage double compensation my be claimed in cases of trademark infringement based on gross negligence or intent; publication of the Court's decision at the expense of the infringer.