| Step number | Step corresponding information |
| step 1 | Prepare your trade mark – make sure your trade mark is a distinctive word, logo, picture or other sign that clearly identifies your goods and services from other traders – check if someone else has already registered or applied to register a similar mark for similar goods or services. – check if someone else is using a similar mark for similar goods or services. – decide what classes of goods or services you require in Nice’s classification list. |
| step 2 | Fill in and file the application form MA 1 Nationale Markenanmeldung (national trademark application). |
| step 3 | If you have neither a residence nor a branch office in Austria you must be represented by a legal professional authorized for representation in Austria (patent attorney, attorney or notary). If your residence is within the Euroepan Economic Area or the Swiss Confederation the appointment of an authorized recipient with a residence in Austria is sufficient. |
| step 4 | We respond by issuing a filing receipt which includes an application number. |
| step 5 | We carry out an examination to make sure your application meets certain formal requirements and search through our trademark data bases which contain national, international and CTM trademarks. We will issue a report to you. |
| step 6 | We assess whether or not your trade mark is distinctive. The examiner raises objections in a letter to you if it is not. |
| step 7 | You have the possibility to overcome our objections by submitting your arguments also in written form. |
| step 8 | If there were no objections by the Office or you managed to overcome the objections, we will register your mark and send you a registration certificate. |
| step 9 | All registered national trademarks will be published after registration in the Austrian Trademarks Journal. |
Defensive Actions
Opposition
General information
Who can file an opposition against my trade mark?
The owner of a trademark with a better priority, which is already registered or at least applied for registration, can file an opposition against a newly registered trademark upon existence of an assumed likelihood of confusion.
Can I file an opposition against a someone else’s trade mark?
Yes, if your trademark is already registered or at least applied for registration and you are of the opinion that there is a likelihood of confusion, you can file an opposition against a newly registered trademark.
Are there specific deadlines/timeframes which I have to observe in connection with opposition proceedings?
An opposition can be filed within 3 months from the day when the grant of the trademark, which I want to oppose, has been published.
Who will take a decision on the opposition?
The Austrian Patent Office/legal department for (national or international) trademarks decides on the opposition.
Signpost
What signposts exist?
Legal information service: 0043-1-53424-391;
http://www.patentamt.at/Markenschutz/Schutzrechte/Marke_national/
Cancellation
General information
Who can file a request for the cancellation of my trade mark?
Depending on the ground for cancellation, the owner of a registered trademark with a better priority (e.g. in case of likelihood of confusion) or even everybody (e.g. in case of non-use of the trademark) can file a request for cancellation.
Can I file a request for the cancellation of someone else’s trade mark?
Yes, upon existence of a ground for cancellation.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
A request for cancellation can be filed during the whole term of the trademark. In case of a request for cancellation because of non-use, the trademark hast to be registered for a minimum of 5 years.
Who will take a decision on the cancellation?
The Austrian Patent Office/nullity department decides on the cancellation.
Links
What signpost exists?
Legal information service: 0043-1-53424-391;
http://www.patentamt.at/Markenschutz/Schutzrechte/Marke_national/
Limitation
General information
Who can restrict my trade mark rights?
Trademark rights can be restricted by the Austrian Patent Office/nullity department, only after the filing of a nullity action/request for cancellation by anybody who claims a ground for cancellation/limitation.
Can I restrict someone else’s trade mark?
You can bring in a request for cancellation/limitation of someone else’s trademark at the Austrian Patent Office upon existence of a ground for cancellation/limitation.
Are there specific deadlines/timeframes which I have to observe in connection with limitation?
A request for limitation can be filed during the whole term of the trademark.
Signpost
What signposts exist?
Legal information service: 0043-1-53424-391;
http://www.patentamt.at/Markenschutz/Schutzrechte/Marke_national/
Proactive Measures
Action for damages
Customs Seizure
General information
What does customs seizure mean?
Custom seizure constitutes an instrument to combat counterfeiting or product piracy by preventing import, export and transit of goods, which infringe an intellectual property right.
How to proceed
What initial steps are necessary?
To initialize proceedings, an application has to be filed at the Customs Competence Center in Villach.
Signpost
What signposts exist?
https://www.bmf.gv.at/zoll/produktpiraterie/produktpiraterie.html
A colour icon describes the complexity of each question as follows:
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| Step | Fees (€) | Comments | |
| Standard Filling Fees | Single | 372 | |
| Collective | 1249 | ||
| Standard Additionnal class fees | 75 | ||
Full list of forms and fees can be found at http://www.patentamt.at/Markenschutz/Formulare_und_Gebuehren/
| Step | Fees (€) | Comments | |
| Standard Filling Fees | Single | 372 | |
| Collective | 1249 | ||
| Standard Additionnal class fees | 75 | ||
The registration of your trade mark can last for ever. However, if you want this to happen you must renew it every 10 years.
The due date for renewal fees is determined by the registration date of the trade mark. Renewal fees are due each 10-year-term on the last day of the month of registration.
The fee may be paid 1 year before the payment is due or within six month from the due date – in the latter case together with surcharge of 20 % of the respective amount.