Austria is a member of the Paris Union Agreement, the Madrid Agreement, the Madrid Protocol, the Nice Agreement and the European Union.In Austria, trademarks are governed by the Trademark Protection Act (BGBl 260/1970), which implements the EU Trademarks Directive (89/104/EEC). Community trademarks that are governed by the EU Community Trademark Regulation (207/2009) and EU Regulation 2868/95 implementing the Community Trademark Regulation are enforceable in Austria.Trademark protection is obtained by registration.
Trademark registration classification:
- Name and full address of the applicant(s).
- Simply signed copy of Power of Attorney.
- Wording or representation of the trademark.
- The list of goods and services.
- A trademark application has to be filed before the Patent Office by a local agent.
- The application process includes only a formal examination, without indication of possible identical or similar trademarks.
- It takes approximately 3 to 4 weeks before an office action is issued by the trademark authority or registration.
- After registration the trademark is published in the monthly journal “Österreichischer Markenanzeiger”.
Duration and Renewal: A trademark registration in Austria is valid for 10 years from the registration date and ends on the last day of that month in which the protection period ends. The registration is renewable for periods of 10 years without limitation.