An Austrian trademark registered with the Austrian Patent Office (Österreichisches Patentamt) in Vienna protects your mark in Austria. Companies outside Europe file it when Austria is a market in its own right for them, often together with a German and a Swiss mark for the German-speaking region, or when an EU trademark is not available because of an earlier conflicting mark elsewhere in the Union. Our branch office in Hallein near Salzburg handles Austrian filings. The fixed attorney fee is 400 EUR.
What the fixed fee covers
The fee includes the assessment of registrability, the search of the Austrian and EU registers for earlier marks, the list of goods and services, the electronic filing and all correspondence with the Austrian Patent Office until registration. The Austrian office examines absolute grounds and informs you of earlier similar marks it finds, but it does not refuse the application on that basis. The owner of an earlier mark can oppose within three months after publication, so the search before filing matters here as much as elsewhere.
Official fees of the Austrian Patent Office
The official fee for an electronic application starts at 294 EUR and covers up to three classes. Each class beyond the third costs 75 EUR. The fee is paid to the office in addition to our attorney fee.
Representation in Austria
Applicants without a domicile or establishment in Austria must appoint a representative in Austria for proceedings before the Austrian Patent Office. Applicants from other EEA states or Switzerland may instead name an authorised recipient in Austria, applicants from all other countries need a professional representative. Through our Austrian branch office we act in both roles, during the application and afterwards. Clients who file themselves can instruct us for the representation alone.
Prices are net attorney fees. For business clients outside Germany no German VAT is added. Official fees of the trademark office are paid separately and are listed above.
How to instruct us
Send us the details through the form below. You will receive our confirmation and, where required, our questions in English within one working day. We correspond in English throughout the mandate, only the filing with the office itself is made in the language the office requires.
The German-language description of this offer, written for clients in Germany, Austria and Switzerland, is available at Österreichische Marke anmelden. Please note that this link takes you to our German website matutis.de. You do not have to use it, everything you need to instruct us for the Austrian trademark application is on this page, and you are welcome to write to us in English at any time.