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Trademark registration in Austria, trademark search in Austria: national trademark registration, international trademark registration

A trademark in this country may be registered through one of the 3 available systems of trademark registration:

1. National trademarks may be registered through the State Trademark Office.
2. Community trademarks may be registered through O.H.I.M. system.
3. International trademarks may be registered through W.I.P.O. system.


Trademark Registration in Austria: Requirements and Procedure

Trademark registration requirements in Austria:

- Power of attorney simply signed.
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
- The detaliation of goods and/or services for witch the trademark will be registered or the classes in case they are known.
- Details of the trademark owner (name, address, registration number).
- Invoicing details (name, address, fiscal number, registration number).
- Information related to the previously filed by you trademarks, in order to benefit of the priority date, if it is the case.

Trademark registration procedure in Austria:

The procedure of the trademark registration lasts approximately 1 year from filing to registration. The opposition period is 3 months from publication in the Official Gazette. The protection lasts 10 years from the filing date. The issuance of the certificate takes 6 months.

Other trademark procedures in Austria:

Trademark renewal in Austria: For the trademark renewal no documents are required. The renewal can take 6 months.
Trademark changes in Austria: For changing the name we need the expert from Register of Companies and document on basis of name change
Trademark assignments in Austria: For the assignment we need the power of attorney signed by the assignee. The assignment document must be signed by both parties, assignor signature must be notarized and certified by Apostil. Nominal consideration, tax implication = 0.8 Percent of actual consideration. No stamp duty, with or without Goodwill. Pending applications may be assigned, unregistered marks may be assigned.
Trademark use in Austria: Lack of intention to use in good faith or non-use for 3 years following registration renders the registration vulnerable to cancellation.

You may download our Power of Attorney here.

OTHER SERVICES:

1. Market watch for national, international and community trademarks that are registered in this country.
2. Translation services.
3. Valuation services and notoriety studies.

Trademark legislation of Austria

You may request our services by sending to us a mail to office@intellektus.com.