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30 May 2023
blog
austria

Trademark application in the fast lane: Austria's fast-track application

In our last blog, Michelle Duchon and Christian Schumacher reported on mandatory information for a national Austrian trademark application.

But how quickly can you get a trademark registered? With the fast-track application, it is possible to register a trademark within 10 working days.

Keep in mind the following special requirements:

1. The correct online form

Two different online forms are available for filing a national trademark application at the Austrian Patent Office online. In this case, you need to select the form for fast-track applications, not the one for standard applications.

2. Trademark type

In the fast-track procedure, only word marks, figurative marks or figurative marks containing word elements can be filed. The fast-track procedure cannot be used for special trademark types such as 3D marks, pattern marks or abstract colour marks.

3. List of goods and services

Only terms that have been pre-approved by the Office may be used for the specification. Pre-approved terms can be found in the Harmonised Database, available at https://euipo.europa.eu/ec2/?lang=en. This may be a challenge, especially for innovative products and services. Nevertheless, it is of the utmost importance to ensure that the scope of protection covers all required goods and/or services to obtain the best possible protection.

The next part of our blog will deal with the selection of terms for a suitable list of goods and services.

4. Official fees

The official fees must be paid immediately during the online filing by credit card or telebanking (eps transfer). 

Especially for start-ups, the fast-track application is a quick way to register trademarks.

A fast-track application is also possible EU-wide at the European Union Intellectual Property Office.

authors: Susanne Onyeka, Michael Woller

Michael
Woller

Partner

austria vienna

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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.

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