TRADEMARK APPLICATION FILING IN
Austria

In Austria, trademark registrations are handled by the Austrian Patent Office, which serves as the central authority for intellectual property matters. It plays a key role in protecting the rights and interests of IP holders by granting patents, utility models, supplementary protection certificates, and registering trademarks and designs.

Austria follows a first-to-file system, meaning the first person to file a trademark application generally holds the rights to it. All trademark applications must comply with the Austrian Trademark Law to be accepted.

The trademark registration in Austria can either be filed online or physically.

Multi-class applications are allowed in Austria.

The following are the requirements for filing a trademark application in Austria:

• Name, nationality and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney*.

* Submission of a scanned copy of signed power of attorney;

The process of registering a trademark in Austria begins with the submission of the TM application before the Austrian Patent Office. Once TM application filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to an examination of legality, where examiners assess the trademark's eligibility for registration on various grounds.

If any issues or discrepancies are identified during the evaluation, the Austrian Patent Office notify the applicant. The applicant has to comply with the report within a specified period of time. If no issues are found, or once corrections are made, the application moves forward, and an application number will be allotted to the applicant. The application then published in the Trademark Gazette, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objections/ oppositions to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favor of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings in Austria can only be initiated by the owner of an earlier valid trademark, like a national Austrian trademark, an international registration designating Austria, or a European Union trademark. The only ground of opposition could be the likelihood of confusion with an earlier existing trademark. Also, if the earlier mark has been registered for more than 5 years at the time of the publication of the contested mark, the proprietor may raise an objection of non-use, and the opponent will then have to provide evidences to prove the use requirement of the trademark. Following that, parties will have the option to engage and explore the possibility of an amicable settlement. If a resolution cannot be reached, both parties will be required to submit their observations. The Office will then make a decision on whether to accept or reject the application.

A trademark registration in Austria is valid for a period of ten years. The trademark must be renewed before the end of twelve months of the current term to maintain protection for an additional ten years.

A registered trademark must be actively used within five continuous years of its registration. If not, it could be subject to cancellation upon a request by a third party.

In straightforward cases, the Austria Patent Office usually takes between three to four months to complete the trademark registration process.

As per WIPO statistics data from 2024, Austria ranks 5th in Western Europe and 13th in Europe for trademark filings globally. Currently, around 95,398 trademarks are active in Austria. Also, Austria is a key destination for trademark protection by major countries like China, Germany, and Italy, which regularly file trademarks here. In addition, Austria holds the 17th spot out of 133 economies in the Global Innovation Index 2024, reflecting its strong position in innovation and intellectual property activity.