AUSTRIA

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International, Nice Classification;
Multi-class;
Goods and services can be registered.

International Arrangements

Convention priority can be claimed.

Renewal

10 years from the registration date and every 10 years thereafter.

Use Provisions

Non-use of a mark for a period of 5 years from registration renders it open to an action for cancellation by third parties.

Patent information

Types of Patent

PCT national phase;
Substantive with or without priority claim;
Designation in European application.

International Arrangements

Convention priority can be claimed.

Duration

20 years from the effective filing date.

Renewal

Annuities are payable in respect of the 6th and each subsequent year from the filing date,  Late payment of annuities may be effected, but this incurs a 20% penalty fee.

design information

Types of Design

International Arrangements

Convention priority can be claimed.

Duration

Registrations are valid for a period of 25 years, subject to the payment of renewal fees at 5 year intervals.

Renewal

Renewal fees are payable every five years after the filing date.  A grace period of six months is available for the late payment of a renewal fee on payment of the prescribed surcharge.

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