Trademarks in Austria

Competent Authority & System

Official Authority: Austrian Patent Office / Österreichisches Patentamt (ÖPA).

Official Language: German.

System: National IP system. As an EU Member State, protection in Austria can also be achieved via European Union Trademarks (EUTM) registered through the EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and Madrid Protocol. Austria can be designated via international applications through WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Natural persons and legal entities (domestic or foreign) are entitled to apply.

Representation for Foreign Applicants: Applicants without a domicile, place of business, or establishment in the European Union (EU) or European Economic Area (EEA) must be represented by an authorized local representative (such as an Austrian representative, representative, or registered EU/EEA representative).

Power of Attorney (POA): A simple signed Power of Attorney is sufficient. Notarization or Legalization/Apostille is generally not required unless specifically requested by the office under exceptional circumstances.

Online Services & Database

E-Filing: Electronic filing is available directly via the Austrian Patent Office portal.

Free Trademark Search Database: Public search tools are available via the ÖPA register database (see.ip) as well as WIPO Global Brand Database and EUIPO eSearch plus.

Registrable Mark Types

Types: Word, figurative, combined word/figurative, 3D shapes, color marks, sound, motion, multimedia, and holograms capable of graphical or digital clear representation.

Foreign Characters & Translation: Signs featuring non-Latin scripts or foreign words must include a transliteration and translation into German upon request.

Classification Framework

Nice Classification: Follows the current edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Base Class Inclusion: The basic national application fee covers up to 3 classes.

Class Headings: Class headings are accepted if clear and precise, interpreted in accordance with standard EU common practice.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by ÖPA (distinctiveness, descriptiveness, genericness, public order, and deceptive signs).

Relative Grounds: ÖPA does not conduct ex officio examination on relative grounds (earlier conflicting rights). Earlier rights are monitored and enforced exclusively via third-party opposition or cancellation proceedings.

Office Action Deadlines: Usually 2 months from notification to reply to formal deficiency letters or provisional refusal notices.

Publication & Opposition

Opposition Window: 3 months starting from the date of publication of the registered mark in the official Patent Gazette (Patentblatt).

Standing: Owners of earlier registered trademarks, pending applications with earlier priority, or well-known marks under Article 6bis of the Paris Convention.

Timeline & Expedited Examination

Average Timeframe: Approximately 3 to 5 months from application to registration in smooth cases.

Fast-Track / Accelerated Examination: Accelerated processing (Sonderprüfung) is available upon request and payment of an official urgency fee.

Official Fees

Official statutory fees at ÖPA are set in Euros (EUR):

Application Fee (Online Filing): €314 (covers up to 3 classes; includes standard document fee).

Application Fee (Paper Filing): €294 (base) + document fee adjustments = total €338 / €335 depending on submission format.

Additional Class Fee: €75 per class from the 4th class onward.

Opposition Fee: €200.

Renewal Fee (Individual Mark): €700 for a 10-year period (covers up to 3 classes).

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms.

Grace Period: A 6-month grace period following the expiration date is granted, subject to an official 20% late surcharge (€840 total for an individual mark).

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark is vulnerable to non-use cancellation if it has not been put to genuine commercial use in Austria for a continuous period of 5 years post-registration.

Declaration of Use: No periodic maintenance filings or affidavits of use are required during routine renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledge recordals, and changes of name or address must be registered with ÖPA to be legally binding against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use cancellation and invalidity claims based on relative/absolute grounds can be filed with the Nullity Department (Nichtigkeitsabteilung) of the Austrian Patent Office or raised in specialized civil courts.

Customs Protection: Rights holders can submit border detention applications with the Austrian Customs Authority / EU Customs to intercept suspected counterfeit goods entering the EU market.

Country-Specific Risks & Practical Insights

Post-Registration Opposition System: In Austria, opposition is filed after the trademark is registered and published. If an opposition is successful, the registration is retroactively canceled/revoked.

Cost Efficiency of 3-Class Inclusion: Because the base application fee covers 3 Nice classes, applicants can maximize coverage across up to 3 classes without incurring per-class surcharges up to the 3rd class.

EUTM Dual Route: Brand owners seeking protection across multiple EU states often opt for a European Union Trademark (EUTM) filing at EUIPO. However, national ÖPA filings remain significantly faster and less vulnerable to cross-border EU opposition risks.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Austria is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.