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Austria - Register Trademark

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Procedure[edit]

  1. To begin your application to register a trademark, you may need to conduct a trade mark search first - LINK. The search will show you if there are any similar existing trademark same as yours.
  2. After doing a search, check the link provided under 'Documents to Use' section. The link will take you to a web page that contains links to different forms you will need to complete.
  3. Complete all the necessary forms and submit it to the Austrian Patent Office (contact details provided below.) Note: You may also submit your application online - LINK.
  4. After submission of application, you will receive a request for payment of fees within 2 weeks of submittal. This request includes notifications of your reference number and purpose of payment. Payments of fees may only be made after receipt of this request.
    There is no special request for payment of fees where online applications are concerned as the system’s dispatching process automatically generates a statement of costs as part of the application forms. This statement is to be considered the request for payment of fees.
    n order to speed up the procedure, please pay these fees as quickly as possible otherwise the examination procedure will not commence until one month has elapsed and another request for payment of fees is issued.
  5. It will take about 3 months for your application to be processed this includes:
    1. Formal Examination
    2. Notification of the Similarity Search
    3. Examination of Legality
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Required Documents[edit]

List down the documents required for successfully completing the procedure.

e.g.
1. Proof of child birth from the Hospital.

Office Locations & Contacts[edit]

Austrian Patent Office

Customer Service Center
Dresdner Straße 87, Erdgeschoß
1200 Wien

Phone +43 1 534 24
Fax +43 1 534 24 - 535

info(at)patentamt.at

Website


Office hours:

Phone:
General information, Mo-Thu 8-16 h, Fr 8-14 h
Legal information, Mo-Fr 9-12 h
Technical information, Call back service

On site:
General information, Applications Mo-Thu 8-15 h, Fr 8-14 h
Legal information, Mo-Fr 9-12 h
Technical information, Mo-Fr 9-12 h

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Eligibility[edit]

Anyone may file an application to register a trademark, regardless of whether they are an individual person or legal entity (company).


Legal representation:

  • Austria: If your permanent address or registered office is in Austria, you do not need to have a legal representative to process the application on your behalf. However, you may choose a representative to process your application for you.
    If the representative you choose is not a professional representative such as a patent law firm, law firm or notary’s office, you will need to provide a written power of attorney.
  • EEA/Switzerland: No need, an authorised recipient in Austria is sufficient.
  • Outside the EEA/Switzerland: Yes, you need to appoint a legal representative. (patent law firm, law firm or notary’s office).

Fees[edit]

Austrian Trademark: EUR 284, this includes three goods and/or services classes (Nice Classification). Each additional class costs EUR 75. To prolong trademark protection a renewal fee must be paid. Trademark protection does not involve annual fees.

More info about the fees


International Trademark: Applications for international registration involve both a fee to be paid to the Austrian Patent Office and one to the WIPO. The domestic fee of the Austrian Patent Office amounts to EUR 141.


Europian Union Trademark:

  • Application fees when E-filing:
  • EUR 850 for one class
  • EUR 50 additionally for the 2nd class
  • EUR 150 additionally for the 3rd class
  • EUR 150 additionally for the 4th and for each added class
  • Application fees when applying conventionally:
    • EUR 1000 for one class
    • Beginning with the 2nd class as in the case of E-filing above
  • Fee details EU Trademark - fee calculator

Validity[edit]

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use[edit]

Trademark Registration Forms

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Sample Documents[edit]

Please attach sample completed documents that would help other people.

Processing Time[edit]

A trademark application for registration can take about 3 months (or longer) to be processed.

Note: Fast Track applications approx. one month).

Related Videos[edit]

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. 	
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

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Instructions[edit]

Please provide other instructions related to the certificate/documents.
e.g. The state office holds birth records since january 1908.

Required Information[edit]

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.
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Need for the Document[edit]

Trademark registration grants its owner the exclusive and exclusive right to use the trademark in the form that has been conferred on the register. In addition, it prevents third parties from using the mark (identical or similar marks) without the owner's consent.

Information which might help[edit]

A trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of giving distinctiveness to the goods or services of one company compared to those of other companies and are represented on the register in a manner which enables the compentent authorities and the publick to determine the clear and precise subject matter of the protection afforded to its proprietor.

Other uses of the Document/Certificate[edit]

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links[edit]

Austrian Patent Office

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Others[edit]

More information which might help people.