Investors who want to protect their distinctive company logos can register a trademark in Austria. This is an important step because it provides sole usage rights for a distinct and original type of trademark. One of our lawyers in Austria can give you details on the main laws governing trademark registration and intellectual protection rights in the country. We can also help you if you are a foreign investor interested in knowing more about international trademark protection.
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Prerequisites for trademark registration in Austria
Investors in Austria can apply for a national or an international trademark registration with the Patent Office in Austria. For international trademarks, protection is awarded within the European Union and more than ninety other countries worldwide. Before submitting the application, company owners in Austria must conduct a trademark similarity search. The first and foremost condition of a trademark is to not infringe any existing ones.
Applications for trademark registration may be filed using a power of attorney. For this purpose, an original and certified copy of the power of attorney must be filed together with the other documents needed for trademark registration. One of our Austrian lawyers can give you more details on how you can use a power of attorney if you cannot be present in the country.
How is the trademark examination procedure done in Austria?
Registering a trademark in Austria involves several essential steps, including formal examination and legality examination. Moreover, these standard formalities can take around 3 months, but there are exceptions. Here is what the trademark examination procedure entails in Austria:
- Once the application and the required documents are received, a reference number is issued.
- Also at this stage, a specific fee is paid, after which the examination procedure will begin.
- Next comes the analysis of the trademark in question and the verification with the existing base date. If there are suspicions of copying or misappropriation of a trademark already registered in Austria, the application may be rejected.
- On the other hand, the examination of legality refers to a check of the respective trademark and whether it can be protected. A search for registration obstacles, referring to the lack of uniqueness of the trademark, is also made.
Finally, if the trademark registration requirements have been met, a consecutive registration number is issued for the applicant/trademark owner. This is, in fact, the trademark number issued by the relevant authorities in Austria and means that it has been accepted and registered. Moreover, this is announced in the Trademark Gazette and can be challenged by people who consider it theirs or if similarities are noticed. But if there are no objections, the registered trademark can be used in Austria. We invite you to learn more about Copyright Law in Austria and the rights you have when you want to register a trademark. Moreover, if you want to register a patent in Austria, you can opt for our legal services.
Pre-checking trademarks in Austria
With the help of our trademark specialists in Austria, you can ensure a safe and uncomplicated registration process. One of the most important aspects is checking the trademark so that there is no confusion or coincidences. It is known that the trademark in Austria is protected by local and international laws, for which copyright is clear in this sense. The pre-checking stage of a trademark in Austria can be done with our experts who collaborate with the Austrian Patent Office, as soon as you decide to collaborate with our law firm in Austria.
The protection of intellectual property in Austria
Companies that enter the Austrian market can ensure the protection of their unique inventions or characteristic trademarks by registering their inventions/company designs and others with the Patent Office. The following may be registered with one of the national intellectual property offices in Austria:
- company labels, trademarks, and designs;
- industrial designs;
- utility models;
- patents;
- copyrights.
Applicants should know that patents and utility models benefit from protection on a specific territory, being limited to one state and also subject to a maximum period of protection. Different validity periods apply for different elements, designs, or inventions, as per the laws that govern their registration. One of our attorneys in Austria can help you with information about individual protection for creative expressions and inventions. They can also tell you more about the Austrian patent.
Laws governing intellectual protection in Austria
The law in Austria protects the following types of property:
- patents: through the Patent Law, with a validity of 20 years;
- trademarks: through the Trademark Protection law, with a validity of 10 years and the ability to extend;
- copyright: the Copyright Law in Austria, with a validity of approximately 70 years after the death of the author;
- designs and industrial models: through the Designs Law and other federal laws, with a validity of 10 and 5 years with the ability to extend it.
Austria has signed many international agreements for the guarantee of intellectual protection and it is also a member of several international organizations that grant intellectual protection rights. Foreign investors in Austria who wish to validate existing patents in the country can do so by following a specific procedure. One of our lawyers in Austria can help you with the validation procedure.
In addition to specialized assistance for registering a trademark in Austria, our experts can also help you in other endeavors. For example, you have legal support from our immigration lawyers in Austria. They can guide you in obtaining residency in Austria. People who already live in this country and want to apply for citizenship in Austria can also collaborate with our Austrian lawyers. Contact us, therefore, for any kind of situation you want to solve from a legal point of view.