AUSTRIA

• Kinds of Trademarks registrable in AUSTRIA

  • Following indications may be used as Trademarks in Austria:

    • Words & Word combinations
    • Slogans
    • Personal names
    • Letters & Numerals
    • Pictures & Designs
    • Shape marks
    • Packaging & Wrapping of goods
    • Colours & Combination of Colours
    • 3 Dimensional marks
    • Sound marks
    • Smell Marks
    • Position marks
    • Figurative marks
    • Combined Figurative and word marks
    • Holograms
    • Tactile (touch) marksCombination of all of the above.

    Types of Marks registrable:  –

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks
    5. Well Known marks
• Requisites for a Trademark to be registrable in AUSTRIA

  • Trademarks must contain the following essential requirements to be registrable in Austria :

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in AUSTRIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Austria:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademarks being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    TrademarkCopia through its associate Law Firms and Lawyers in Austria is at hand to help you with trademark registration and prosecution.

• Trademark Search in AUSTRIA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Austrian Trademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Austria.

• Trademark Filing in AUSTRIA

  • Filing is done with the Trademark office of Austria. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for Figurative Mark)

    TRADEMARKCOPIA.COM  will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in AUSTRIA

  • Once the application is filed, the IP Office examines the same to determine that the application is in compliance with all the provisions as laid down in the trademarks act along with substantive requirements followed by a search for prior registered marks is conducted.

    If the IP Office has any objections to the registrability of the application, the same is notified to the applicant and a stipulated time limit given to the applicant to file his response to the same.

    The office then proceeds to take a decision on the application based on the facts and circumstances therein.

• Trademark Publication & Opposition in AUSTRIA

  • Once registration of the trademark application is published, interested third parties may file opposition to the same within stipulated time period from the date of filing of the application.  Based on the opposition, the registration of the trademark can be revoked in part or in full.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Austria can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in AUSTRIA

  • Once the IP office decides on the registrability of the trademark application and there are no other legal issues involved, the application is deemed to have been accepted and trademark certificate issued.

    Trademark registration in Austria is valid for 10 years from the date of registration, after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in AUSTRIA

  • Pre- Registration: Usage of the mark before filing an application for registration is advantageous since, in the event the marks are not sufficiently distinctive to be registrable they can acquire the necessary distinctiveness through use. With limited exceptions, trademark usage must be in Austria. If the mark is recognised in the trade in question, the prior user may oppose or apply for cancellation of subsequent registrations of the same or similar marks for the same or similar goods / services.

    Post Registration:If the mark is not used within 5 yrs. continuously from the date of registration, the mark is liable to be cancelled / revoked unless proper reasons shown for non-use. Resuming usage of the mark post 5 yrs validates the usage of the mark provided no 3rd party action has been taken for cancellation in the interim.

• Trademark Cost of Registration in AUSTRIA