Registering a trademark in Austria is a systematic process that begins with a preliminary search, followed by filing an application, undergoing an examination by the Austrian Patent Office, and then waiting for publication and a potential opposition period. If successful, your trademark registration will grant you exclusive rights to use it in Austria for 10 years, with the possibility of indefinite renewal. This guide, along with the resources provided, can assist you in taking the necessary steps to protect your brand in Austria. Adhering to the requirements and guidelines will ensure a smooth registration process.
Step 1: Preliminary Search
Before registering your trademark, conduct a preliminary search using the Austrian Patent Office’s database to ensure that your proposed trademark doesn't infringe on any existing ones. You can access the database at this link: https://www.patentamt.at/en/
Step 2: Application
If there are no conflicting trademarks, proceed to file an application with the Austrian Patent Office. The application should include a clear representation of the trademark and a list of the goods or services that the trademark will cover.
Step 3: Examination by Austrian
Patent Office Upon receipt of the application, the Austrian Patent Office will review it for compliance with the requirements of the Austrian Trademark Protection Act. They will also verify whether the proposed trademark can be registered or if it infringes on any pre-existing trademarks.
Step 4: Publication
Once the application passes the examination stage, it will be published in the Austrian Trademark Gazette. This publication allows third parties to challenge the registration of the trademark within a three-month opposition period.
Step 5: Registration
If there is no opposition, or if any opposition has been resolved favorably for the applicant, the Austrian Patent Office will register the trademark. The applicant will then receive a certificate of registration.
The official fee for filing a trademark application is approximately €200 (as of 2023). Should the application succeed, an additional fee for the issuance of the registration certificate applies. Please note, these fees are subject to change, and it is advisable to check the latest fees on the Austrian Patent Office website.
The entire process, from application to registration, typically takes between 6 to 9 months, assuming there are no objections or oppositions.
Austrian Patent Office: https://www.patentamt.at/en/