Trademark registration in Austria

The trademark office and official links

Trademarks in Austria are registered by the Austrian Patent Office (Österreichisches Patentamt) (ÖPA).

• Trademark office: Austrian Patent Office (Österreichisches Patentamt) (ÖPA)
• Online filing: official e-filing portal
• Trademark search: official trademark database
• Law: Markenschutzgesetz 1970 (Trademark Protection Act 1970, MSchG), BGBl. Nr. 260/1970, as amended

Official fees in Austria

The office does not publish an up-to-date fee schedule we could verify. Ask firms that cover Austria for a quote that shows official and professional fees separately — post a request or compare packages.

How to register a trademark in Austria

1. Check for earlier marks in the Austrian Patent Office's see.ip register database, TMview and other databases; the Office also offers a paid similarity search and a 'Pre Check' assessment.
2. Prepare the list of goods and services using the Nice classes.
3. File the application with the Austrian Patent Office, preferably through its online filing service, and pay the fees.
4. The Office examines the application; if it is allowed, the mark is registered and the trademark right arises on the date of registration.
5. The registration is published in the Österreichischer Markenanzeiger (published on the 20th of each month).
6. Owners of earlier rights may file an opposition within three months of publication of the registration.
7. Renew the registration every 10 years from the filing date.

Examination, publication and opposition

• Publication: Österreichischer Markenanzeiger (Austrian Trademark Gazette), published monthly on the 20th
• Opposition period: 3 months from publication of the registration in the Österreichischer Markenanzeiger (post-registration opposition; not reinstatable)

Protection, renewal and use

• Term: 10 years from the filing date, renewable.
• Late renewal: 6 months after expiry, with a 20% surcharge
• Use requirement: a registration can be challenged after 5 years of non-use.
• Rights system: first to file.

Filing from abroad

• Language: German

Firms on TrademarksHub that cover Austria can act as your local agent — see firms.

Madrid Protocol

Austria is a member of the Madrid System (in force since 1999). You can designate it in an international application filed through your home office, or file a national application directly. A local firm can advise which route is cheaper for your classes and timeline.

Trademark classes

Nice Classification (45 classes). One application can cover several classes. Not sure which classes you need? See all 45 classes or classes by business type.

How Austria compares

• Opposition: 3 months from publication of the registration in the Österreichischer Markenanzeiger (post-registration opposition; not reinstatable) — compare all countries
• Renewal: every 10 years; grace period 6 months after expiry, with a 20% surcharge — compare all countries
• Official search: seeip.patentamt.at — all search databases

Guides: registering in any country · costs by country · Madrid

Good to know in Austria

• Austria uses a post-registration opposition system: the mark is registered first, and earlier-right holders can oppose within three months after the registration is published.
• The trademark right arises on the date of registration, while the 10-year term is counted from the filing date.
• The renewal fee for an individual mark is a flat EUR 700 (EUR 840 if paid in the 6-month grace period), with no separate class fees listed by the Office.
• Part of the application fee is refunded (EUR 70 for an individual mark, EUR 105 if withdrawn early) if the application does not lead to registration.
• Austria is also covered by EU trade marks filed at EUIPO, which can be an alternative or complement to a national mark.

Questions