Trademark Opposition Procedure in Austria
Trademark opposition in Austria is governed under Sections 29 of Law on the Protection of Trade Marks 1970. The concerned authority is Austrian Patent Office.
1. Filing Notice of Opposition – The owner of a registered or pending trademark may file a notice of opposition against an application within three (3) months from its publication. The notice must be based on one or more earlier rights which is valid in Austria.
2. Cooling-off Period – Within a period of 2 months from delivery of the notice of opposition, the parties may jointly request a cooling off period.
3. Filing of Counterstatement – Once the opposition period has expired, the applicant is informed about all the opposition received during the opposition period and is given a reasonable time to file their written statement. This period is provided by the IP Office on a case-to-case basis depending upon the severity of the matter. This period can also be extended on reasonable reasons. If no counter statement is submitted, the trademark may be refused in full or in part.
At this stage, if the opposition is based on a mark that is registered for more than 5 years, the applicant may also raise the counter opposition of insufficient use i.e. the applicant can demand that credible evidence be presented showing that the opposing trademark has been used. If use is not proved by the opponent, the opposition will be rejected.
4. Hearing– The respective officer shall hold a hearing, if necessary, or at the request of one of the parties to decide the opposition.
5. Order – Once the concerned officer has reached a decision, the same is notified to the parties.
Appeal to decision of the Opposition
The decisions of the Austrian Patent Office can be appealed at the Higher Regional Court of Vienna.
For more information on trademark opposition in Austria, please write to us at foreign.opp@ssrana.com