Trademark protection arises through
See below
TerraLex Cross-Border Guide to Cross-Border Trademark Guide
Welcome to the TerraLex cross-border trademark guide
Utilizing the TerraLex Cross-Border Trademark Guide, you can now compare trademark regulation across jurisdictions as well as connect with practitioners.
How to Use: You can use the tools below to create bespoke reports for the jurisdiction(s) and topic(s) covered. Click into single jurisdiction for one location or use the compare tool to compare multiple jurisdictions. Select the jurisdictions and topics of interest to create your unique report. You also have the option to print or download using the ellipsis button in the top right corner.
Austria Cross-Border Trademark Guide Guide
- Authors:
- Florian Kranebitter
- Date posted:
- 09/03/2026
- Last update:
- 09/03/2026
Generalities
1.1. Simple effective use in commerce?
No.
1.2. Registration?
Yes.
1.3. Cautionary notice?
No.
1.4. Intensive use (notoriety)?
No (the term “notoriously known trademark” as used in the Paris Convention for the Protection of Industrial Property and TRIPS Agreement has no independent meaning in Austrian trademark law; the Austrian trademark law only knows the “Well-known character” of a trademark, see point 1.6.).
1.5. Public recognition?
No (during the registration, the absence of a relative ground for refusal can be overcome by proving market recognition; however, trademark protection arises only upon registration).
1.6. Well-known character?
No (the scope of trademark protection for a well-known trademark is broader than that for a conventional trademark; nevertheless, trademark rights arise only if the trademark is registered).
1.7. Other (if yes, please specify)?
No.
Registrable types of mark
See below
2.1. Individual mark?
Yes.
2.2. Collective mark?
Yes.
2.3. Certification mark?
Yes.
2.4. Well-known mark?
No.
2.5. Other (if yes, please specify)?
No.
Registrable forms of mark
Yes.
3.1. Word mark?
Yes.
3.2. Figurative mark with word elements?
Yes.
3.3. Figurative mark?
Yes.
3.4. Shape mark?
Yes.
3.5. Shape mark with word elements?
Yes.
3.6. Position mark?
Yes.
3.7. Pattern mark?
Yes.
3.8. Color (single) mark?
Yes.
3.9. Color (combination) mark?
Yes.
3.10. Sound mark?
Yes.
3.11. Motion mark?
Yes.
3.12. Multimedia mark?
Yes.
3.13. Hologram mark?
Yes.
3.14. Other (if yes, please specify)?
Yes. E.g. Signal mark (for certain lighting effects and their sequence).
Possibility of claiming a foreign priority
Yes.
4.1. If yes, what is the time limit (months from date of…)?
The priority of an earlier foreign application can be claimed (i) if bi- or multilateral agreements provide for such priority rights, as is the case, in particular, under the Paris Convention or the TRIPS Agreement or otherwise, if (ii) or otherwise if a corresponding reciprocity with the filing office has been established by the competent federal ministry by announcement in the Austrian Federal Law Gazette.
Foreign priority can be claimed within six months from the date of filing an earlier trademark registration application in another country. The priority claim must be claimed within two months from the date of receipt of the application with the Austrian Patentamt.
Classification of goods and services
See below
5.1. Nice classification adopted (if yes, indicate applicable version)?
Yes. NCL 13-2026.
5.2. Local subclass system?
No.
Possible claims against new application
See below
6.1. Opposition proceedings implemented in trademark law?
Yes, within three months of publication of the registration of the trademark.
6.1.1. If yes, is the basis for opposition a prior registered trademark?
Yes.
6.1.2. If yes, is the basis for opposition a prior pending trademark application?
Yes.
6.1.3. If yes, is the basis for opposition a non-registered trademark in use?
No.
6.1.4. If yes, is the basis for opposition a non-registered notorious/famous mark?
Yes, a notoriously known trademark pursuant to Art. 6bis Paris Convention for the Protection of Industrial Property can be the basis for Opposition.
6.1.5. If yes, is the basis for opposition a prior company name/trade name?
No (only in Cancellation Proceedings).
6.1.6. If yes, is the basis for opposition absolute grounds?
No.
6.1.7. Other (if yes, please specify)?
No.
Observations from third parties? (If yes, indicate the basis for such observations.)
Yes.
7.1. Prior registered mark?
Yes.
7.2. Prior pending trademark application?
Yes.
7.3. Prior non-registered trademark in use?
No.
7.4. Prior non-registered notorious/famous mark?
Yes.
7.5. Prior company/trade name?
Yes.
7.6. Absolute grounds?
Yes.
7.7. Other (if yes, please specify)?
No.
Mandatory formalities preliminary to filing application?
No.
8.1. Similarity search
No.
8.1.1. If yes, what is the time frame (weeks/months) and approximate cost?
Approximate costs EUR 105,-- (includes five classes), EUR 25 for each additional class.
8.2. Others?
No.
8.2.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
Specification of goods and services
Class system
See below
9.1. Single class system?
No.
9.2. Multiclass system?
Yes.
9.2.1. Separate applications for goods and services mandatory?
No.
Possible restrictions on goods/services (e.g. alcoholic beverages, retail services, etc. not allowed, or only class headings eligible, etc.)
No.
10.1. If yes, please specify.
No.
Special claims/regulations
See below
11.1. Claim of previous use possible?
Yes.
11.1.1. If yes, is proof required (affidavit, use specimens, etc.)?
Yes.
11.1.2. If yes, through which kinds of proceedings can the proof of use be requested (opposition, cancelation, renewal proceedings, etc.)?
Opposition proceedings (Section 29a Austrian Trademark Protection Act), Cancellation proceedings (Section 30 Austrian Trademark Protection Act).
11.2. Disclaimer
No.
11.3. Previous registration in country of origin required
No.
11.4. Changes in the mark appearance during the application proceedings possible
No.
11.5. Restrictions regarding trademark owner (e.g. trademark protection not eligible for owner from particular countries).
No (without prejudice to specific (sanction) provisions outside trademark law, e.g. EU Sanction Provisions).
11.5.1. If yes, please specify.
N/A
11.6. Is there any legal term from which the trademark must be used in order to avoid a possible cancellation?
Yes.
11.6.1. If yes, please specify.
If a trademark has not been used within the grace period of five years (from the date upon which the registration may no longer be opposed or opposition proceedings are concluded), an application for cancellation on the grounds of non-use can be filed and/or the owner of a later trademark can raise the objection of non-use of the earlier trademark in cancellation proceedings.
11.7. Other (if yes, please specify)
N/A
Filing documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
12.1. Power of attorney
No.
12.2. Evidence of pre-registration in country of origin
No.
12.3. Priority documents (if priority claimed)
Yes. The priority documents (transcript of the application/confirmation of registration) can be submitted as scanned copies (no legalization necessary); the language must be German, English or French (otherwise, a certified translation into one of these languages has to be attached to the copies).
12.4. Other (if yes, please specify)
No.
Late filing of documents
See below
13.1. Is late filing of documents permitted?
No.
13.1.1. If yes, please indicate the time limit (days/months from....).
N/A
13.2. Official late filing fee due?
No.
Means for representation of the mark (for instance JPEG with XY pixels)
See below
14.1. Figurative mark with word elements
Paper application: 1 image showing the mark (max 8x8 cm) Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB
14.2. Figurative mark
Paper application: 1 image showing the mark (max 8x8 cm) Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB
14.3. Shape mark
Representation by means of graphic illustration (e.g., sketch) or photo; if necessary, different views of the same shape, as long as they remain recognizable in 8x8 cm format:
- Paper application: 1 image, i.e. graphic illustration or photo of the mark (max 8x8 cm)
- Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB
14.4. Shape mark with word elements
Representation by means of graphic illustration (e.g., sketch) or photo; if necessary, different views of the same shape, as long as they remain recognizable in 8x8 cm format:
- Paper application: 1 image, i.e. graphic illustration or photo of the mark (max 8x8 cm)
- Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB
14.5. Position mark
Paper application: 1 image image showing the mark (max 8x8 cm) Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB
14.6. Pattern mark
Paper application: 1 image of the pattern (max 8x8 cm) Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB
14.7. Color (single) mark
Paper application: 1 image of the colour (max 8x8 cm) + colour name + colour code Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB + colour name + colour code
14.8. Color (combination) mark
Paper application: 1 image of the colour (max 8x8 cm) + colour name + colour code Electronic application: 1 JPEG, max 2008x2835 pixel, 2 MB + colour name + colour code
14.9. Sound mark
Representation by means of acoustic reproduction of the sound or accurate reproduction of the sound in musical notation:
- Paper application: 1 image of the sound (accurate reproduction of the sound in musical notation) or 1 data carrier (acoustic reproduction) (USB-StickMP3/WAV, max 2 MB)
- Electronic application: 1 JPEG (max 2008x2835 pixel) or audio file (MP3/WAV, max 2 MB)
14.10. Motion mark
Representation by means of image, whereby the image usually shows several views/still images of the movement sequence or position change, or video:
- Paper application: 1 image showing the mark (8x8 cm) or USB-Stick/MP4. max 20 MB
- Electronic application: 1 JPEG (max 2008x2835 pixel) or video file (MP4, max 20 MB)
14.11. Multimedia mark
Representation by means of video file with sound:
- Paper application: 1 data carrier (USB-Stick/MP4. max 20 MB)
- Electronic application: video file (MP4, max 20 MB)
14.12. Hologram mark
Representation by means of image (which may contain several different views of the hologram effect, provided they remain recognizable in 8x8cm format) or video:
- Paper application: 1 image showing the mark (max 8x8 cm) or 1 data carrier (USB-Stick/MP4. max 20 MB
- Electronic application: 1 JPEG (2008x2835 pixel, max 2 MB) or video file (MP4, max 20 MB)
Local legal representatives for foreign applicants
See below
15.1. Are local legal representatives mandatory for foreign applicants?
Yes, for natural or legal persons not established or resident in the EEA or Switzerland (irrespective of the citizenship of natural persons).
15.2. Possibility of having representatives domiciled in another country?
Yes, within the EEA or Switzerland (with exceptions according to the professional rules applicable to lawyers, patent attorneys, and notaries).
15.2.1. If yes, please specify the countries.
Within the EEA and Switzerland.
Examination
See below
16.1. Is there formal examination?
Yes.
16.1.1. If yes, does the formal examination take place prior to the publication of the application?
Yes.
16.2. Is there examination on absolute grounds?
Yes, the substantive examination, which takes place after the formal examination, distinguishes between absolute and relative grounds for refusal of registration.
16.3. Is there examination on relative grounds?
Yes, the substantive examination, which takes place after the formal examination, distinguishes between absolute and relative grounds for refusal of registration.
16.4. Can relative grounds be objected by the Trademark Office or only by the prior rights' owners?
During the registration process and the examination carried out there, only by the Trademark Office.
16.5. Are letters of consent admissible to overcome ex-officio citations of prior marks?
No.
16.5.1. If yes, is notarization or legalization required?
N/A
16.6. Is there an examination timeframe if no official objections are raised?
No.
Publication
See below
17.1. Publication before registration?
Yes.
17.2. Publication after registration?
Yes.
17.3. Publication in trademark Gazette?
Yes.
17.4. Publication in local newspapers?
No.
17.5. Official publication fee due?
No.
Registration
See below
18.1. Certificate of Registration in paper form?
Yes, upon request.
18.2. Certificate of Registration in electronic form?
No.
18.3. Term of protection of the mark? Please include term details
Yes, 10 years.
18.3.1. As from priority date?
No.
18.3.2. As from filing date?
Yes.
18.3.3. As from registration date?
No.
18.3.4. As from actual registration date?
No.
18.3.5. As from date of issuance of Certificate of Registration?
No.
18.3.6. Other (if yes, please specify)
No.
18.4. End of grace period of use? Please include term details
Yes, 5 years.
18.4.1. As from official registration date?
No.
18.4.2. As from actual registration date?
No.
18.4.3. As from end of opposition deadline?
Yes.
18.4.4. As from conclusion of opposition proceedings (if any)?
Yes.
18.4.5. Other (if yes, please specify)
Yes. As from filing date of the opposition or cancellation.
18.5. How long can we expect a decision on the application by BPTO?
A decision by the Austrian Patent Office is usually issued within 2-3 months from the date of a Standard-Online-Application and within 10 workdays if the Fast-Track-Application is used.
Official fees due at the time
See below
19.1. Filing
Yes.
19.2. Publication
No.
19.3. Registration
No.
19.4. Other (if yes, please specify)
No.
19.5. Link to the official website of the Trademark Office where the fees are accessible and updated.
https://www.patentamt.at/gebuehren
Renewal
Documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
20.1. Power of attorney
No.
20.2. Original registration certificate
No.
20.3. Affidavit of use
No.
20.4. Evidence of use
No.
20.5. Others (if yes, please specify)
Yes, a renewal fee must be paid (possible at the earliest one year before the expiry of the term protection). Payment automatically triggers renewal.
Is the late filing of documents admissible? If yes, please indicate the time limit.
Yes, late payment is permitted within six months of the expiry of the term of protection.
21.1. Official late filing fee due?
Yes, a late payment surcharge of 20% of the renewal fee.
Is there a renewal grace period provided for by law? If yes, please indicate the timing.
Yes. Up to 6 months after term of the trademark has expired, see above.
Special maintenance requirements
See below
23.1. First declaration of use?
No.
23.2. Time to file?
No.
23.3. Extensions permitted?
No.
23.3.1. If yes, please indicate the number allowed (as the maximum accepted)
N/A
23.4. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
23.5. Second declaration of use? If other, please specify.
No.
23.6. Time to file?
No.
23.7. Extensions permitted?
No.
23.7.1. If yes, please indicate the number allowed (as the maximum accepted).
N/A
23.8. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
Recording of changes/limitation
See below
24.1 Limitations of lists of goods/services?
Yes.
24.1.1. Possible at any stage or only after registration?
Both.
24.1.2. Official fees due?
See https://www.patentamt.at/gebuehren.
24.2. Change in name or address of owner?
Yes.
24.2.1. Possible at any stage or only after registration?
Both.
24.2.2. Documents required (original or scanned)?
- Name change (e.g., marriage): copies of official documents
- Change of company name: copy of the historical commercial register extract (for Non-Austrian companies: certified form).
24.2.3. Official fees due?
See https://www.patentamt.at/gebuehren.
24.3. Change in ownership?
Yes.
24.3.1. Possible at any stage or only after registration?
Both.
24.3.2. Documents required (original or scanned)?
Yes, copy of a certified private document or a (non-certified) public document or declaration by the parties or their representatives.
24.3.3. Official fees due?
Yes, see https://www.patentamt.at/gebuehren.
24.4. Change of representative?
Yes.
24.4.1. Possible at any stage or only after registration?
Both.
24.4.2. Documents required (original or scanned)?
Informal letter only.
24.4.3. Official fees due?
No.
Link to the official website of the Trademark Office where the official fees are accessible and updated.
https://www.patentamt.at/en/downloads/fees/
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.