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Patentbüro Paul Rosenich AG
Hainburg, Austria (AT)

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Maybach Görg Lenneis & Partner Rechtsanwälte
Vienna, Austria (AT)

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Schmidt - Kornfeld - Wukoschitz Rechtsanwälte
Vienna, Austria (AT)

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Austria (AT)

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09-20-2017 (Newsletter Issue 16/17)
Formal Requirements for Recordal of Assignments Reduced
On August 2, 2017, an amendment of the Austrian IP laws entered into force which considerably reduces the formal requirements for the recordal of assignments, mergers or changes of name. The new rules will apply for all protective rights (patents, utility models, trademarks, designs and SPCs).

Generally, it is now sufficient to submit a confirmatory assignment signed by the concerned parties, without notarization of their signatures. Filing the original of an assignment document with the signature of the assignor notarized has thus become unnecessary in most cases.

Source: www.sonn.at


05-27-2015 (Newsletter Issue 8/15)
Publications Only Online Available
The Austrian Patent Office announced on its website that they have ceased the printed publications of the Patentblatt, Gebrauchsmusterblatt, Marken- und Musteranzeiger.

Since January 2015 the above mentioned publications have been available online only. The Office publishes the official Gazette (Österreichischer Marken- und Musteranzeiger) on its website every month on the 20th. The electronic publications can be seen here

Source: www.patentamt.at


02-25-2015 (Newsletter Issue 3/15)
E-Payment Now Possible
The Austrian Patent Office offers the possibility of an e-payment when filing trademark applications online starting from January 1, 2015.

For more information, please see here

Source www.patentamt.at


10-10-2013
Introduction of New Provincial Administrative Courts
The introduction of new provincial administrative courts in Austria will change administrative provisions in several IP statutes that will become effective on January 1, 2014.

The amended Trademark Act contains important changes, one of which concerns the concentration of all trademark disputes with the Vienna Commercial Court. At the present, the court has exclusive jurisdiction for patent disputes, as well as disputes regarding utility models, solid-state contractors and designs. In the future, this exclusive competence will also include trademark disputes. The Trademark Act also concentrates criminal proceedings - to be initiated at the request of trademark holder only - with the Vienna Regional Criminal Court.

The amended Trademark Act also changes the rules for opposition proceedings. In future, the holder of a more recent trademark must argue non-use of the older trademark no later than the first response to the opposition. If the holder of the younger mark does not respond within the prescribed time limit to the opposition, the younger trademark will automatically be cancelled in whole or in part as applied for, even if the opposition is based on a trademark application only which has not yet proceeded to registration at the time at which the opposition is decided on.

In addition, in the future it will no longer be possible to raise opposition against trademarks that are registered in Austria due to the conversion of Community trademarks or international trademarks (with regard to the latter, where the declaration as to the grant of protection has already been transmitted and the period to deny protection has already expired).

Finally, two objection periods will be shortened under the new law. The objection period to oppose an application for registration of a name as a geographical indication will be shortened from four to three months. The objection period to oppose an application pursuant to Regulations (EU) 1151/2012 on Quality Schemes for Agricultural Products and Foodstuffs will be shortened from three to two months.

Source: Graf & Pitkowitz Rechtsanwälte GmbH, Austria


07-01-2013 (Newsletter Issue 10/13)
Online Filing Now Possible
The Austrian Patent Office announced its new online service starting from 1 July 2013. Applicants can now file a national trademark application online.

To access the online service, please click here

Source www.patentamt.at


01-01-2010 (Newsletter Issue 6/10)
Introduction of Opposition Proceedings and Amendment of Official Fees
With the latest amendment of the trademark law of 2009, trademark opposition proceedings were introduced. Owners of prior trademarks may file an opposition against the registration of confusingly similar trademarks at the Austrian Trademark Office within 3 months from publication. Owners of prior trademark filings have the same right as long as their filing proceeds to registration. Opposition can be filed against trademarks published after July 1st, 2010.
The fees for trademark filing were amended as well: As from January 1st, 2010, the total fees have to be paid at the beginning of the registration proceedings. The fee for each additional class exceeding the 3rd is raised from EUR 25.00 to EUR 40.00. The former trademark duration fee has been integrated with the filing fee. The total filing fee for up to three classes amounts to EUR 329.00, and another EUR 40.00 for each additional class.


Source: Sonn & Partner, Austria

Legal basis is the Trademark Act of 1970 (last amended 2016).
Austria is a member of the Paris Union Agreement, the Madrid Agreement, the Madrid Protocol, the Nice Agreement and the European Union.
Trademark protection is obtained by registration. An unregistered trademark can only be held against a registered trade mark if it has become well-known at the priority date of the registered trademark.
Nice classification, 11th Edition
Registrable as a trademark are any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, sounds, holograms, the shape and colour of goods or of their packaging, provided that such signs are capable of distinguishing goods or services of one undertaking from those of other undertakings. Three-dimensional forms are registrable only, if they do not consist of the form or design of goods or their regular kind of packaging, registration is difficult. There do not exist any olfactory marks in Austria so far. The Austrian law does not differentiate between trade marks and service marks. Special rules apply to collective trademarks.
The application is filed at the Patent Office.
Multiple-class applications are possible.
Non-EU applicants need a local agent.
PoA has to be presented, simply signed is sufficient. Power of attorney needs not to be presented but just referred to, if an attorney is the representative.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination on absolute grounds of refusal. Signs not considered distinctive in the examination can be only registered upon proof of acquired distinctiveness. The Patent Office also conducts a search for identical and similar trademarks, but does not cite officially older rights as bar to the registration. The search results, however, may serve for the information of the applicant. Owners of prior trade marks are not informed. If the trade mark applicant insists, the trademark must be registered in spite of similar or even identical prior trademarks.
The application procedure from first filing to registration will take approximately 3 to 4 months if no serious problems are raised by the examiner. The first office action is to be expected after 3 to 4 weeks. Only after registration, the trademark is published in the monthly journal “Österreichischer Markenanzeiger”.
National:
The opposition period is 3 months from the publication of the registration in the 'Österreichischer Markenanzeiger".

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Trade mark protection begins with the date of registration, ranking retroactively, however, as of the priority date. The protection period is 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.
Renewal may be sought from one year prior to expiry till the end of the sixth month thereafter, the later against an extra fee.

Further practical details are available in our publication on this topic here
A trademark may be contested by any third party on the basis of alleged non-use in case of 5 years non-use from registration or 5 year continuous non-use. The burden of proof for serious use is exclusively upon the trademark owner. If not contested, the trademark will continue to be valid and even if not used for a period longer than 5 years, it can be revalidated by taking up serious use subsequently, provided that no third party contested the trademark during the period of non use.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is EUR 372 in total for up to three classes and EUR 75 for each additional class (this including EUR 30 document fee, EUR 25 printing costs and EUR 4 for issue of Registration Certificate).

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 40,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-05-2016
FMO Law Firm, Vienna, Austria  

05-29-2015
FMO Law Firm, Vienna, Austria  

07-16-2013
Schmidt - Kornfeld - Wukoschitz Rechtsanwälte, Vienna, Austria  

01-19-2012
Schmidt - Kornfeld - Wukoschitz Rechtsanwälte, Vienna, Austria  



Patentbüro Paul Rosenich AG



Paul Rosenich

Norbert Laminger Patentanwalt
Carnuntumstrasse 93
2410 Hainburg
Tel +43 2165 65 333
office@rosenich.com
www.rosenich.com

Paul ROSENICH, Dipl. Ing. NTB, LLM, independent European and national (CH, LI) Patent Attorney, Swiss mediator for IP-Disputes; CEO of PATENTBUERO PAUL ROSENICH INC in Triesenberg, Liechtenstein and in Buchs, Switzerland.

Patentbüro Paul Rosenich AG has been established in 1998.

The main focus of our work is not only drafting and filing of intellectual property rights (in particular Patents, Trademarks, Designs, Domain Names and Licenses), but also defending those rights before IP-Offices and Courts. We also successfully file oppositions, complaints and actions for declaration of invalidity. Of course we also successfully defend in such actions mentioned before. Our Team covers European Patent Attorneys and representatives before the Swiss Patent Office (IGE), the Germany Patent- and Trademark Office (DPMA), the Hungarian Patent Office, the US Patent Office, the Trademark Office of Liechtenstein and the County Court of Liechtenstein. We represent also before the World Intellectual Property Organization (WIPO), the Office for Harmonization in the Internal Market (OHIM), European Patent Office (EPO) and cooperate with Patent Attorneys and Attorneys at Law worldwide. We also offer Mediation in the field of intellectual property in our branch office in Buchs SG/Switzerland.

Maybach Görg Lenneis & Partner Rechtsanwälte



Konrad Lenneis

Konrad Lenneis
Museumstraße 5/14
1070 Vienna
Austria (AT)
Tel +43 1 997 19 66
Fax +43 1 997 19 66 - 100
k.lenneis@mglp.eu
www.mglp.eu

MAYBACH GÖRG LENNEIS & PARTNER

We are a mid-sized Vienna based business law firm with a strong focus on IP and competition law. Clients do not only appreciate our high professional standard but also the personal dedication of our lawyers to their cases.

In IP matters (among others) we develop tailor-made protection concepts for our clients, provide registration services for trademarks and designs, draft license agreements, represent in opposition and cancellation proceedings before the Austrian Patent Office as well as before the OHIM and represent our clients in infringement cases before all Austrian courts.

Our membership in an international network of law firms with members in almost any relevant country of the world allows us to deal with cross-border matters as well as to provide legal services abroad with the same professional level our clients are used to in Austria.

Schmidt - Kornfeld - Wukoschitz Rechtsanwälte



Dr. Rainer Kornfeld

Dr. Rainer Kornfeld
Maria Hilfer Strasse 1d
A - 1060 Vienna
Austria (AT)
Tel +431 586 1521
Fax +431 587 4206
RAe@coop-recht.at
www.coop-recht.at

OUR CREDO:

WE DO offer PERSONAL SERVICE of in-depth domestic expertise, fully independent from any influence (or entity whatsoever), recognized by clients and correspondents around the world.

THE LAW we certainly do regard a PROFESSION rather than a 'Business' - yielding the latter quite happily to larger conglomerates.

SO WE have built up an INTERNATIONAL NETWORK of affiliated offices of equal standing in the major countries and cities of this world, carefully selected to provide highly qualified legal care for our clients, well to match firms larger by far.

Österreichisches Patentamt
Dresdner Straße 87
P.O. Box 95
A-1200 Vienna
Austria
Tel +43 15 34 24 0
Fax +43 15 34 24 53 5
Mail info@patentamt.de
www.patentamt.at

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int