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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
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If I register my trademark in Austria, do I have protection in other territories?
No. Protection for the registered mark is limited only in Austria.
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Do I need to sign a Power of Attorney?
Yes, a simple Power of Attorney is required.
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Are there any benefits from using my trademark before filing an application?
Yes. Pre-filing benefits include:
- Show the mark’s distinctiveness;
- Defeat challenges on the grounds of non-distinctiveness.
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Will there be problems if I don’t use my trademark after registration?
Yes. Your mark will be vulnerable to cancellation of registration on the ground of non-use.
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What are the types of trademark that can be registered in Austria?
Any mark that can be represented graphically and can differentiate a product/service from others is acceptable for registration, including:
- Names
- Position marks
- Words
- Holograms
- Devices (with 2 dimensions)
- Sounds
- Shapes (with 3 dimensions)
- Colours
- Slogans
- Trade dress
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What are the application phases after a trademark has been filed in Austria?
The sequence of trademark application in Austria in as follows: examination, registration, publication.
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Examination – Once the application was submitted to the trademark office, authorities will examine several factors to see if the mark is registrable. To avoid refusals, make sure that your mark is compliant with respect to morality, formalities, classifications, clarity, descriptiveness, etc.
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Registration – If the mark passed the examination stage, registration will be granted. Note that at this point, the trademark authorities have not yet checked if there are existing similar registered marks.
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Publication – The following details will be made available to the public: mark, name and address of applicant, number and date of application, goods/services, priority claim, representation and representative. Online publication will give a chance to third-parties to appeal and oppose.
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What type of trademark is non-registrable?
The following marks are non-registrable:
- Marks that go against moral standards and public policy
- Words that have a general meaning (generic terms)
- Marks that consist of flags, symbols or names of regions, nations, states and international organization
- Marks that lack distinctiveness
- Marks that serve primarily as surnames
- Marks that serve primarily as name geographic locations
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Does Austria use the "Nice Classification" system?
No. The Nice Classification system is not effective in Austria.
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Is a European Union Trademark effective in Austria?
Yes. A European Union Trademark registration is effective in Austria.
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Is there any possibility to claim priority in Austria?
Yes. The filing date in your home country can be claimed as the filing date in Austria if:
- Your home country is a member of the Paris Convention
- The filing date in your home country does not exceed 6 months at the time of your application in Austria
- Your home country is a member of the WTO (World Trade Organization)
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What do I need to do to satisfy the use requirement?
You must use the mark within 5 years from the date the registration was granted. This jurisdiction mandates owners to use the mark for commercial or business purposes and the transactions must occur in Austria.
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Once my trademark has been registered, for how many years will be valid?
A registered trademark in Austria is initially valid for 10 years. The computation will start on the date of registration.
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What will be the renewal date of my trademark?
The first trademark renewal must be made 10 years from the date the registration was granted (at the last day of that month).
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Is it legal to use my trademark even if it is not yet registered?
Yes. Unregistered marks can be used legally for goods or services.