A trademark is one of your most important intangible assets. Only with registration in the trademark register do you obtain an exclusive right against third parties — so the filing should happen as early as possible.

Before filing: what a trademark has to do

A trademark is a sign that makes goods or services of your business distinguishable from those of others. Any sign that can be represented graphically can be protected — words, personal names, letters, numbers or graphic elements — provided it has distinctive character. Purely descriptive terms or generic names cannot be registered.

Every filing begins with a search. It reveals whether identical or similar marks are already registered for comparable goods or services — at national, European and international level. If conflicts only surface after registration, you face opposition proceedings, cancellation actions or damages claims.

Step 2: Selecting goods and services classes

Registration is granted for specific goods and services classes under the international Nice Classification (45 classes in total). The selection determines:

  • the substantive scope of protection of your trademark
  • the official fees (the base fee covers a certain number of classes, each additional class triggers a surcharge)
  • the risk of conflict with marks held by other companies

The class selection should be forward-looking — later extensions require a new filing.

Step 3: Submitting the filing

For Austrian trademarks the Austrian Patent Office (Österreichisches Patentamt) is the competent authority. The filing comprises the representation of the mark (word, combined word/figurative, or figurative), the goods and services specification, the applicant’s data and the fee payment. We file the application on your behalf and also handle any objections during the procedure.

Step 4: Registration and opposition period

The Patent Office examines the application formally and on absolute grounds for refusal. Upon successful examination the trademark is registered. Publication of the registration in the Patent Office’s trademark gazette then triggers a three-month opposition period.

Only with registration in the trademark register do you obtain an exclusive right. Anyone operating without a registered trademark has little defence against free-riders.

Optional: internationalisation

It often makes sense to register the trademark first as an Austrian base mark and to extend protection later — to the EU (EU trademark) or via WIPO to over 90 further states. Which path makes sense for your business model is something we clarify in the initial consultation.

This article is for general information and does not constitute legal advice in any specific case.