COUNTRY : REPUBLIC OF AUSTRIA
CAPITAL : VIENNA
LANGUAGE : GERMAN
MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADIRD PROTOCOL, BERNE CONVENTION, WIPO, PCT
The IP office of Austria is known as Osterreichisches Patent Office.
PROTECTION OF TRADEMARKS IN AUSTRIA:
Protection to Trademarks is provided at a three tier level:
1. National Registration - Direct Filing with National Trademark Office
2. International Registration - Through Madrid System
3. Community Trademarks - Through 'OHIM'
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in Austria, there are three options from which the applicant can choose.
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.
Filing is done with the Trademark office of Austria.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
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.
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.
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.
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.