08 May 2023
blog
austria
Just fill out a form? – Be diligent when filling out the trademark application
To file a national trademark application with the Austrian IP Office, mandatory information must be entered in an online form. While this sounds simple, several aspects should be considered to avoid problems.
These are the filing requirements:
1. Applicant and Address
The name and address of the applicant is required in the application. It is recommended to always check the data on the owner to be in accordance with the entry in the commercial register, the register of associations or – in the case of natural persons – in their passport.
Practice shows that, for example, e-mail signatures of companies are not always fully correct. However, the data must be correct in case actions need to be based on the trademark in the future.
2. Trademark
Sounds simple – but is rarely a simple decision. There are currently 11 different trademark types, including exotic ones like sound and multimedia marks; the three most-filed types are word marks, figurative marks, or a combination: figurative marks containing word elements.
The decision which part of the "brand" should be protected as a trademark and the selection of one or more trademark types has an often underestimated impact on the scope of protection. Such strategic decisions should be made with the existing trademark portfolio, the intended use, and the available budget in mind.
3. List of goods and services
Once the application is filed, it is no longer possible to expand the list of goods and services. A good guideline when preparing the specification is to use clear and precise wording (do not get too technical – this is not a patent!) but keep it as broad as required to allow for expected extensions of the product range.
Watch out for one of our next blogs regarding the rather complex topic of the selection and wording of appropriate goods and services.
4. Official fees
Before the Austrian IP Office starts the examination of the application, the official fees need to be paid.
If there are no formal or material grounds for refusal, the trademark is registered and published by the Austrian IP Office.
Stay tuned to our blog series to find more tips for trademark applications.
authors: Michelle Duchon, Christian Schumacher
Michelle
Duchon
Trademark & Design Specialist
austria vienna
blog
Do I have to register my brand or can I use it without registration?
You are well advised to, but in principle there is no legal requirement to register your trademark in the European Union. There are several good reasons to file a trademark application.
find out more
trademark & design management
Schoenherr has more than 60 years of experience in the administration and enforcement of trademarks and designs, supporting clients in trademark administration and management, design litigation and more.