The short answer
An Austrian trademark right arises on the day of registration, and protection lasts 10 years from the filing date. It is renewed for further 10-year periods by timely payment of a renewal fee, and each new period runs from the end of the previous one. After the registration is published, anyone with an earlier right can oppose within 3 months. A mark can be cancelled on application if it was not genuinely used in Austria in the 5 years before the application. A representative before the Patent Office must be based in the EEA or Switzerland.
Trademark deadlines in Austria at a glance
These rules come from the Austrian Trade Mark Protection Act 1970 (Markenschutzgesetz), in the German text on WIPO Lex as amended up to 2023 (translated here). The authority is the Austrian Patent Office. The renewal payment dates are set in the fee rules, so we confirm them before every renewal, and we check later amendments.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable again and again for 10 years by timely payment of a renewal fee (Section 19). |
| Which date does the term count from? | The filing date. The trade mark right arises on registration, but the protection term is ten years from the day of filing the application (Section 19(1)). |
| When can I renew? | Pay the renewal fee on time. Each new period is counted from the end of the previous period, whatever the day of renewal (Section 19(1)). The payment dates and any late period are set in the Patent Office fee rules, which we confirm before every renewal. |
| Is there a grace period? | The Patent Office tells the proprietor at least 6 months before the protection ends, but the notice, or its omission, has no effect on the term or renewal (Section 19a). |
| Opposition period | 3 months from the day of publication of the registration of the mark. The opposition can be based on an earlier mark, a notoriously known mark under Article 6bis of the Paris Convention, or a designation of origin or geographical indication (Section 29a(1)). |
| Priority claim | Priority rights must be claimed expressly, with the date and country of the earlier application. The applicant also has 6 months from the filing date of an earlier application (Section 24). |
| Non-use | Anyone can apply to cancel a mark if, in the 5 years before the application, it was not genuinely used in Austria by the owner or with consent for the registered goods or services, unless the owner justifies the non-use. If there was no opposition, such an application can be filed at the earliest 5 years after the opposition period ended (Section 33a). |
| Assignment | Record the transfer in the register so it shows the new owner. Ask us for the current procedure and fee. |
Who can register a trademark in Austria
Individuals and companies from any country can apply to the Austrian Patent Office. The application is examined for lawfulness (Section 20), registered, and the registration is published, after which owners of earlier rights can oppose.
Representation. A representative acting before the Patent Office must have a domicile or establishment in the EEA or Switzerland. Lawyers, patent attorneys and notaries follow their professional rules (Section 61).
Trademark registration process in Austria
Search
- Search the Austrian Patent Office records for identical or similar marks in your classes.
File the application
- File with the Austrian Patent Office, through your representative in the EEA or Switzerland.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Registration and publication
- The mark is entered in the register and the registration is published.
Opposition window
- After registration is published, owners of earlier rights can oppose within 3 months (Section 29a).
Official fees are set by the Austrian Patent Office and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Austria trademark validity and renewal
- Protection lasts 10 years from the filing date.
- Each renewal adds 10 years, counted from the end of the previous period.
- Pay the renewal fee on time and confirm the exact dates in the Patent Office fee rules.
- The Patent Office reminder, sent at least 6 months ahead, has no effect on validity.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Austrian trademark
Assignment
Transfer of a mark
Record the transfer in the register so it shows the new owner.
Division
Splitting a registration
A declaration of division can be filed, but not during the opposition period (Section 23).
Representative
Keeping a representative
A representative before the Patent Office must be based in the EEA or Switzerland (Section 61).
Name or address
Change of the owner's details
Record the change so notices and the reminder reach the right address.
Non-use and cancellation of a Austrian trademark
Under Section 33a, anyone can apply to cancel a registered mark that was not genuinely used in Austria in the 5 years before the application, unless the owner justifies the non-use. The application can be filed at the earliest 5 years after the opposition period ended, or after the opposition procedure ended.
Keep dated proof of use in Austria: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Austria
Search the Austrian Patent Office trademark register and check the publication date of the registration. The 3-month opposition period runs from that date.
Sources used
- Austrian Trade Mark Protection Act 1970 (Markenschutzgesetz), German text on WIPO Lex as amended up to 2023, translated for this guide: Sections 19, 19a, 20, 23, 24, 29a, 33a and 61.
- Austrian Patent Office for the register, forms, fees and the Patent Office fee rules.
Austria trademark FAQ
How long does a trademark last in Austria, and from when?
10 years, renewable again and again for 10 years by timely payment of a renewal fee (Section 19). It counts from the filing date, although the right itself arises on registration (Section 19(1)).
When should I renew a Austrian trademark, and is there a grace period?
Pay the renewal fee on time. Each new period is counted from the end of the previous period, whatever the day of renewal (Section 19(1)). The payment dates and any late period are set in the Patent Office fee rules, which we confirm before every renewal.
What is the opposition period in Austria?
3 months from the day of publication of the registration of the mark. The opposition can be based on an earlier mark, a notoriously known mark under Article 6bis of the Paris Convention, or a designation of origin or geographical indication (Section 29a(1)).
How much does it cost to register a trademark in Austria?
The official fee is set by the Austrian Patent Office and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Austria?
Yes. A representative acting before the Patent Office must be based in the EEA or Switzerland, so foreign owners normally appoint an Austrian or EEA representative.
Can I assign a Austrian trademark?
Record the transfer in the register so it shows the new owner. Ask us for the current procedure and fee.
Can a Austrian trademark be cancelled for non-use?
Anyone can apply to cancel a mark if, in the 5 years before the application, it was not genuinely used in Austria by the owner or with consent for the registered goods or services, unless the owner justifies the non-use. If there was no opposition, such an application can be filed at the earliest 5 years after the opposition period ended (Section 33a).
How can I check the status of a Austrian trademark?
Use the Austrian Patent Office register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority rights must be claimed expressly, with the date and country of the earlier application. The applicant also has 6 months from the filing date of an earlier application (Section 24).
How do I change the owner's name or address?
Record the change with the Austrian Patent Office so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Austria
SUPREMEiP® files trademarks worldwide through its network and checks every Austrian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
