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Austria Trademark Registration

Updated:2018-4-11 16:51:09    Source:www.tannet-group.comViews:173

Austria trademark registration can be filed either locally via the Österreichische Patentamt (ÖPA), or regionally by filing a European Union Trademarks (EUTM). Austria is a “first-to-file” jurisdiction, which means that except in some specific cases, the rights to a trademark are granted to the first person to file it, not the first person to use it. Below is a brief introduction to trademark registration in Austria for your reference.

Benefits of Registering A Trademark in Austria
A registered trademark confers on its owner the exclusive right to prevent third parties that do not have his or her consent from using in the course of trade:

1. a sign that is identical to the trademark in relation to goods or services that are identical to those for which the trademark is registered;
2. a sign that is identical or similar to the trademark in relation to goods or services that are identical or similar to those for which the trademark is registered, if there exists a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the trademark; or
3. a sign that is identical or similar to the trademark in relation to goods or services that are not similar to those for which the trademark is registered, where the latter is well known in Austria and where use of that sign, without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the trademark.

Ownership of Mark
Any physical or legal person, alone or in combination, may apply, irrespective of running a related business. Collective marks may be applied for by associations having legal personality.

Scope of Trademark
Trademarks may consist of any signs that can be represented graphically, in particular words, including personal names, designs, letters, numerals and the shape or style of the goods, provided that such signs are capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Three-dimensional marks and sound marks are protectable when fulfilling the above-mentioned criteria.

Haptic or olfactory trademarks are still not registrable.

Signs that exclusively consist of state coats of arms, national flags or other national emblems or of the coats of arms of Austrian provincial or local authorities, official test or guarantee signs and signs of international organisations to which a member country of the Paris Convention belongs are excluded from registration.

Registration Time-frame
Without complications, registrations can be obtained in a few months (two to six), otherwise it can take several years. No additional documentation, referring to the applicant, is needed. An appointed domestic professional representative requires a power of attorney.

Duration and Renewal
Registration lasts 10 years and may be extended repeatedly for 10-year period by paying a renewal fee. No other requirements, such as proof of use, are necessary. The Austrian Patent Office does not release a renewal certificate, so the payment receipt is the only proof of renewal besides an extract from the trademark register. The payment can be effected during the last year of the 10-year period or, with an excess fee, within 6 months after the expiry thereof.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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