Global Trademark GO - Austria - Introduction to Austrian Trademark Application

Austria is a member of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement and the Protocol to the Madrid Agreement, the Nice Agreement, the World Intellectual Property Organization and the World Trade Organization. Therefore, Austrian trademarks can submit trademark registration applications through Madrid, the European Union and directly to the Austrian Patent Office. The types of trademarks that can be registered include: word trademark, word and graphic combination trademark, graphic trademark, form trademark, sound trademark, hologram trademark, position trademark, Design trademarks, sports trademarks and multimedia trademarks.

1. Trademark authority:

• Austrian Patent and Trademark Office, English: Austrian Patent Office, abbreviation: ATPO
• Website: Home | Das Österreichische Patentamt
• Trademark search: Marken Suche (patentamt.at)

2. How to apply for trademark registration:

• Paper submission; electronic submission

3. Trademark registration application language:

• German

4. Documents required for trademark registration application:

• Applicant information
• Trademark pattern
• List of goods and services according to Nice Classification
• Priority documents, only required when requested by ATPO
• Power of attorney, original required

5. Austrian trademark registration application process:

• The examination process includes formality examination, prior trademark search (optional) and distinctiveness examination. The average review process takes 2-3 months. If a request for accelerated review is made, the review can be completed in up to 10 days, provided that the documents are complete and official fees are paid in a timely manner. ATPO does not examine whether there are identical or similar prior trademarks. If you have any objection to a registered trademark, you can file an objection or cancellation request with ATPO, or file a civil lawsuit, such as requesting an injunction.

6. Trademark cancellation

• If an Austrian trademark has not been used for five consecutive years after registration, any third party may request cancellation.

7. Trademark objections

• Within 3 months after the trademark is published, anyone can file an objection request against the published trademark.

8. Authorization, validity period and trademark renewal

• The authorization fee is paid together with the application fee. The validity period of an Austrian trademark is 10 years from the date of registration. Austrian trademarks can be renewed for 10 years, but the renewal request should be made during the last year of the current validity period. Late payment fees will be payable within 6 months of the due date.

9. Average time for trademark authorization

• If the process goes smoothly, it will take approximately 3-4 months to complete Austrian trademark registration.

10. Madrid registration

• The time limit for responding to a refusal of an international registration in Austria is three months from the date of refusal. Layout requests can be made. The ATPO does not accept requests for modification or appeals against provisional rejections, and appeals must be made to the Higher Regional Court of Vienna.