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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:
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.
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.
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.
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
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.
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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