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Filing Requirements:

Trademarks: Austria

  Trademark/ Service Mark Requirements:

  1. Power of attorney simply signed. (Power Form)

  2. Full details of the applicant.

  3. Twenty five prints of the mark (whether word or device mark).

  4. Details of the mark.

  • Time necessary to obtain registration is approximately one year.

  • Austria adopts the multi-class filing system.

  • Renewal term is ten years.

 

Renewal Requirements:

  • No documents are needed.

 

  Change of Name/ Address Requirements:

  • Expert from Register of Companies and document on basis of name change.

 

  Assignment Requirements:

  1. Power of attorney signed by the Assignee. (Power Form)

  2. Assignment document signed by both parties; assignor signature must be notarized and certified by Apostille. (Assignment Form)

  3. Nominal consideration, tax implication = 0.8 Percent of actual consideration.

  4. No stamp duty, with or without Goodwill.

  5. Pending applications may be assigned, unregistered marks may be assigned.

 

  Searches:

  1. Method of search: conducted by computer of the official database.

  2. Time to be taken: 2 days, 5 days, 10 days.

  3. Contents: search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.

  4. Other: necessity of use search on prior marks should be judged by case.

 

General Information:

Claiming priority under Paris Convention: Yes.

 

Filing international registration under Madrid Agreement: Yes.

 

Filing international registration under protocol to Madrid Agreement: Yes.

 

Registerable: Trademarks, service marks, collective marks, defensive marks, and certification marks.

 

Registration duration: 10 years from filing date.

 

Renewal duration: 6 months.

 

Classification of Goods/ Services: International Classification, multi-class filing.

 

Time until issuance of registration Certificate: 6 months.

 

Publication: After acceptance, in the Official Journal of the Trademarks Office.

 

Opposition period: 3 months.

 

Renewal application: Within 6 months before expiry.

 

Use: Lack of intention in good faith to use or non-use for 3 years following registration renders the registration vulnerable to cancellation.

 

 
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