Trademarks Law in Austria
Sure! Here’s an overview of Trademark Law in Austria:
Trademark Law in Austria
Legal Framework
Austria’s trademark law is primarily governed by the Austrian Trademark Act (Markenschutzgesetz – MarkenG).
As a member of the European Union, Austria is also subject to:
EU Trademark Regulation (EUTMR) for European Union Trademarks (EUTMs).
International treaties like the Paris Convention and the Madrid Protocol for trademark registration.
Key Features
What Can Be Registered as a Trademark?
Any sign capable of distinguishing goods or services of one enterprise from those of others, including:
Words, names, letters, numbers
Logos, designs, shapes, colors
Sounds or other sensory signs
Types of Trademarks
Word marks
Figurative marks (logos, designs)
Combined marks (word + design)
3D marks
Sound marks
Certification marks and collective marks
Registration Process
Can be registered nationally with the Austrian Patent Office (Österreichisches Patentamt).
Alternatively, apply for an EU Trademark (EUTM) via the European Union Intellectual Property Office (EUIPO).
International trademark registration is possible through the Madrid System.
Requirements for Registration
The mark must be distinctive and not descriptive of the goods or services.
It must not be confusingly similar to an earlier trademark.
It must not be contrary to public order or morality.
It cannot include protected emblems, official signs, or misleading geographical indications.
Duration and Renewal
Registered trademarks are protected for 10 years from the date of filing.
Protection can be renewed indefinitely for further 10-year periods upon payment of renewal fees.
Rights Conferred
Exclusive right to use the trademark for the registered goods/services.
Right to prevent unauthorized use or imitation.
Right to license or assign the trademark.
Infringement and Enforcement
Trademark infringement may lead to civil claims: injunctions, damages, and destruction of infringing goods.
Criminal sanctions may apply in cases of intentional counterfeiting.
Enforcement is available through Austrian courts and customs authorities.
Border measures can be requested to prevent importation of counterfeit goods.
International Treaties and EU Law
Austria is a party to the Paris Convention for the Protection of Industrial Property.
Member of the Madrid Protocol for international registration.
Fully implements EU Trademark Directive and EU Trademark Regulation.
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