Good News for Trademark Applicants: Applications Become Cheaper, the New Trademark Directive’s Adoption Brings the Certification Mark and More


Cheaper Fees

From September 1, 2017 onwards, the official fees for a trademark application including the initial term of protection for 10 years are EUR 270 (if filed electronically, even only EUR 250). For additional EUR 40, you’ll also receive a trademark screening search from the Austrian Patent Office during the application process. The prolongation fee for any additional ten years of protection is EUR 700.

Furthermore, some amendments were enacted when adopting the Trademark Directive 2015:

New Kind of Trademark: The Certification Mark

In this respect, Austria even preceded the EU Trademark Law when it adopted the “Certification mark”, which predominantly shall warrant a product’s or service’s quality, accuracy or other of their characteristics.

A Certification mark owner may not be a business, but only an industry association etc, which has to stipulate the conditions for using the Certification Mark in publicly available by-laws and to monitor the trademark users’ compliance therewith.

From One to More: Divisional Marks

From September 1, 2017 onwards, a new trademark application or registered trademark may be divided into two or more separate applications or registrations.

By doing so, any applicant may avoid exposing his/her entire application to grounds for refusal that might only apply to some of the goods and or services.

The official division fee is EUR 200.

The Protection Duration’s Calculation has changed

In the future, the 10-year protection duration commences on the application date. This applies to all trademarks registered after August 30, 2017. This protection duration’s reduction is ordered by the Trademark Directive.

To facilitate the change in the protection duration’s calculation for existing trademarks, the new law provides for a special rule stipulating graduated amounts of the renewal fees.

No notary certification needed any more for trademark assignments

Finally, and most important for trademark practice and simplification and reduction of costs associated with assignments of trademark(-portfolios): No notary public certification of the assignor’s signature is required any more in the assignment deed. Any therefore also no apostille required for assignment deed signed abroad. Parties merely have to produce an assignment contract entered between the previous and the new owner. However, Patent Office may request further documents in case it has reasonable doubt.

Areas of Law

Set your categories menu in Header builder -> Mobile -> Mobile menu element -> Show/Hide -> Choose menu