Why choose Trademarkia?
Protect your name, slogan, logo, or business
  • 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 180+ countries you wish to register your trademark

    Easy Online Form, Credibility, and Experience!

  • Trademarkia Network law firm 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.

A La Carte Package

In the A La Carte Package, you follow a step-by-step online questionnaire designed by world-class trademark attorneys at leading law firms. Once the online questionnaire is finished, Trademarkia will get it into the right hands at government trademark office, so all processes will be performed in a timely manner. An experienced international trademark specialist 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. Because the trademark filing process is highly variable, this modular approach allows you to budget as your business and brands develops over time.

Comprehensive Package

In the Comprehensive Trademark Registration Package, it includes detailed pre-filing review with prior mark of your trademark by an international attorney who is specialized in trademark law in The United States. A detailed conflicting mark search will be conducted prior to filing your trademark, so that you maximize the chance of getting your trademark registered. A central project manager at Trademarkia will be assigned especially for you who will answer your questions and coordinate with you each step of the way. A pre-filing search will minimize follow up expenses by selecting the comprehensive service. If there are objections to your trademark, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage.

About Trademarkia P.C.

Trademarkia (or “Trademarkia P.C.”) is the registered trade name of the law firm LegalForce RAPC Worldwide P.C. The law firm operates www.trademarkia.com, which provides the Internet’s largest, free search tool with a database of more than 8 million trademarks and logos. Other than searching the trademarks for free, a visitor of the website may also place orders on www.trademarkia.com to seek Trademarkia P.C.’s legal services. After the law firm conducts the required conflict checks and accepts the payment, and after a written retainer agreement is entered into, the visitor becomes the client of Trademarkia P.C..

Since 2009, Trademarkia P.C. has helped more than 100,000 clients registering trademarks in more than 170 countries around the world.

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.