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12-20-2017
Christian Schumacher, Michael Woller and Judith Butzerin, Schoenherr Attorneys at Law, Austria
First published in Schoenherr Legal Insights


Amendments to Austrian Trademark Law


Christian Schumacher, Michael Woller and Judith Butzerin, Schoenherr Attorneys at Law, Austria, First published in Schoenherr Legal InsightsRecently, the Austrian Trademark Protection Act (MSchG) was amended in order to partly implement the EU Trademark Directive 2015/2436 and to better adapt the national provisions to the needs of trademark owners – "Trademark Initiative 2017" by the Austrian Intellectual Property Office (IPO). Most of the amendments have been in force since 1 September 2017.
In particular, the harmonised calculation method of the protection period of trademarks was transposed. Certification marks and the possibility to divide a trademark application or registration were introduced. Furthermore, the Austrian legislator lowered the official fees, streamlined the application procedure and facilitated amendments in the trademark register.
Calculation of due date and reduction of renewal fees: The ten-year protection period of national Austrian trademarks (=due date for renewal) will be calculated from the date of application. This provision is applicable from 1 September 2018 and puts an end to the
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