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Entire legal regulation for the Trademark Protection Act 1970, version dated 
February 18, 2019  
Note for the following provision  
On the date of entry into force: Art VI of the announcement part: "The date of issue of 
the re-announcement will be November 30, 1970."  
Long title  
Trademark Protection Act 1970 StF: Federal Law Gazette No. 260/1970 (WV)  
Modification  (latest)  
BGBl. I No. 149/2004 (NR: GP XXII RV 621 AB 770 p. 90. BR: AB 7197 p. 717.) BGBl. I No. 
131/2005 (NR: GP X XII AB 1141 p. 125. BR: AB 7410 p. 727.) BGBl. I No. 151/2005 (NR: GP 
XXII RV 994 AB 1077 p. 122. BR: AB 7387 p. 725.) [CELEX - No. 32003L0006] BGBl. I No. 
96/2006 (NR: GP XXII RV 1423 AB 1505 p. 150. BR: AB 7560 p. 735.) [CELEX -No .: 
32004L0048] BGBl. I No . 81/2007 (NR : GP XXIII RV 216 AB 238 p. 35.BR: AB 7775 p. 749.) 
Federal Law Gazette I No. 126/2009 (NR: GP XXIV RV 393 AB 421 p. 45.BR: 8196 AB 8204 
p. 779. ) BGBl. I No. 126/2013 (NR: GP XXIV RV 2358 and Zu 2358 AB 2413 S. 206.BR: AB 
9018 S. 822.) BGBl.  I No. 130/2015 (NR: GP XXV RV 777 AB 811 p. 96.BR: 9454 AB 9460 p. 
846.) BGBl. I No. 71/2016 (NR: GP XXV RV 1144 AB 1204 p. 138. BR: AB 9633 p. 856.) BGBl. 
I No. 124/2017 (NR: GP XXV RV 1656 AB 1678 p. 190.BR: AB 9851 p. 870. ) BGBl.  I No. 
37/2018 (NR: GP  XXVI RV 108 AB 139 p. 23. BR 9967 AB 9970 p. 880.) BGBL. I No. 91/2018 
(NR: GP XXVI RV 294 AB 361 p. 51. BR : AB 10063  p. 886.)  
Text 
CHAPTER  I 
General provisions  
Section  1. Trademarks  may  be signs of all kinds, in particular words, including personal 
names, or designs , letters, num erals , colors, the shape  of goods or of the  packaging of 
goods , or sounds, provided that such signs are capable  of 
1) distinguish ing the goods or services of one  undertaking  from those of other 
undertakings  and 
2) be ing represented on the trademark register in a manner which enables  the 
competent authorities and the public to determine the  clear and precise  subject matter 
of the protection afforded to its propriet or.    
 
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Section  2. (1) The acquisition of trademark rights requires the trademark to be entered 
in the trademark register.  
(2) This federal law applies mutatis mutandis to trademark rights that are acquired for 
the territory of Austria on the basis of intergov ernmental agreements.  Such trademarks 
must also be checked for compliance with the law  (section  20). 
(3) Trademark rights acquired based on  Regulation (EU) 2017/1001 on the European 
Union trade mark, OJ No. L 154 of 16.06.2017 p.1, are to be treated equall y as trademark 
rights acquired on the basis of this federal law, provided that nothing to the contrary 
emerges from p rovisions of Union law relating to trademarks.  Otherwise, the provisions 
of Section VIII apply.  
(Note: Section  3 repealed by Federal Law Gazette I No. 111/1999 ) 
Section  4. (1) Excluded from registration are s igns which  
1. consist  exclusively  
a) of national coats of arms, of national flags or other national emblems or of coats of 
arms of domestic regional authorities , 
b) of official test or guarantee marks that are i ntroduced  domestically or in accordance 
with an announcement to be published in the Federal Law Gazette ( section  6 (2)) in a 
foreign country for the same goods or services for which the mark is intended, o r for 
similar goods or services,  
c) of signs of international organizations to which a member country of the Paris 
Convention  for the Protection of Industrial Property belongs as a member, provided that 
the signs have been published in the Federal Law Gaze tte and their registration as a 
trademark is suitable to evoke the impression of a connection to the organization in 
question in the public or to mislead the public about the existence of such a  
connection . § 6 (2), last sentence applies to the announcement;  
2. are not registrable as a trademark according to section  1; 
3. have no distinctive character;  
4. exclusively consist of signs or information which may serve  in the trade to designate 
the type, quality, quantity, destination, value, geograph ical origin or the time of 
manufacture of the goods or the provision of the service or to designate other 
characteristics of the good or service;     
 
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5. consist exclusively of signs or information that are customary in common linguistic 
usage or in honest and constant traffic conventions for the designation of the goods or 
services;  
6. consist exclusively of the shape or another characteristic feature that is determined 
by the nature of the goods themselves or is necessary to achieve a technical effect or 
gives  the goods a significant value;  
7. are contrary to public order or to accepted principles of morality;  
8. are capable of deceiving the public, for example, about the type, quality or 
geographical origin of the goods or services;  
9. are excluded from tradem ark protection in accordance with Union regulations or 
Austrian legal provisions including international agreements to which the Union or the 
Republic of Austria is a party and which protect designations of origin and geographical 
indications;  
10. are excl uded from trademark protection in accordance with Union legislation or 
international agreements to which the Union is a party and which serve to protect 
traditional names for wines;  
11. are excluded from trademark protection in accordance with Union legisl ation or 
international agreements to which the Union is a party and which serve to protect 
traditional specialties;  
12. consist of an earlier variety denomination registered for plant variety rights in 
accordance with Union or Austrian legislation or inter national agreements to which the 
Union or the Republic of Austria are contracting parties , or reflect them in their essential 
elements and which relate to plant varieties of the same species or closely related 
species.  
(2) However, registration is permitte d in the cases of (1) no .3, 4 and 5 if the sign has 
acquired distinctive character within the relevant public prior to registration as a result 
of its use in Austria . 
Section  5. Trademarks  that contain an award or one of the symbols mentioned in 
section  4 (1) No. 1 as components may only be registered, provided that their use is 
subject to legal restrictions, after the right to use the award or the symbol has been 
proven.  
Section  6. (1) It is forbidden to use the state coat of arms, the state flag, another  state 
emblem or the coat of arms of a local authority without authorization or without the 
consent of the authorized person the signs cited in section  4 (1) No. 1 (c) in business    
 
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matters  for the labeling of goods or services or as a component of goods or service 
labels.  It is also forbidden  to use a test or guarantee mark without the consent of the 
authority granting the test or guarantee mark to identify or as part of the identification 
of goods or services for which the mark has been introduced or for similar goods or 
services.  
(2) (1) shall only apply to foreign state emblems and official test or guarantee marks if an 
intergovernmental agreement or reciprocity exists and if the foreign sign has been 
published  in the Federal Law Gazette.  If the announcement does not include a 
representation of the official embodiment of the sign, it must be stated where such a 
representation is publicly available.  
(3) Anyone who violates the prohibition ( 1) will be punished by the district administrative 
authority with a fine of up to € 218 or with arrest of up to one month.  In aggravating 
circumstances, these penalties can also be imposed side by side.  
Section  7. Section  4 (1) No. 1 and sections  5 and 6 a lso apply to representations that are 
similar to the official embodiment of the award or the mark.  However,  even if they are 
similar to other such awards or symbols, they may  form components of trademarks 
(section  5) and may  be used to mark goods or servic es (section  6). 
(Note: Section  8 repealed by Federal Law Gazette No. 350/1977 ) 
Section  9. The Federal Minister for Economic Affairs may , if this is necessary in order to 
make it easier to determine the origin of goods of a certain type due to their nature, in 
particular dangerousness, or for economic reasons, order that such goods may only be 
placed on the market if they are provided with a registered trademark in a manner to be 
designated by the ordinance.  
Section  10. (1) Subject to the preservation  of elder rights, the registered trademark 
grants its owner the exclusive right to prohibit third parties in the course of trade  
without his consent  
1. to use a sign that is identical to the trademark for goods or services ( section  10a) that 
are identical to those for which the trademark is registered;  
2. to use a sign that is the same or similar to the trademark for the same or similar 
goods or services ( section  10a), if this creates the risk of confusion for the public, which 
includes the risk that the si gn is mentally associated with the trademark.  
(2) The owner of a registered trade mark shall also be entitled to prevent all third parties 
not having his consent from using in the course of trade a sign identical or similar to the 
trade mark in relation to goods and services ( section  10a) irrespective of whether these 
goods and  services are identical or similar to the goods and services the trademark is    
 
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registered for, where the latter has a reputation in Austria and where the use of  the sign  
without due cause takes unfair advantage of, or is detrimental to the distinctive 
character or  the reputation of the trade mark.  The reputation of the elder trade mark 
has to be established at the day of application of the younger trade mark at the latest, if 
applicable at the day of priority  or seniority or the day any possible younger distinctive 
sign comes into existence.  
(2a) Without prejudice to earlier rights, the owner of a registered trademark is also 
entitled to prohibit third parties from bringing goods into Austria  in the course of 
business without releasing the goods into free circulation , if the goods, including t heir 
packaging, originate from third countries and bear  a trademark without consent which is 
the same as the trademark registered for such goods or is indistinguishable from this 
trademark in its essential aspects.  This authorization of the trademark owner  expires if, 
during a procedure that serves to determine whether a registered trademark has been 
infringed, and in accordance with Regulation (EU) No. 608/2013 on the enforcement of 
intellectual property rights by the customs authorities, OJ No. L 181 of 2 9.06.2013 p. 15, 
the customs declarant or the owner of the goods proves that the owner of the 
registered trademark is not entitled to prohibit the goods from being placed on the 
market in the final country of destination.  
(2b) Is there a risk that the pack aging, labels, tags, security or authenticity notices or 
proofs or other means of identification on which the brand is affixed are used for goods 
or services and that this use violates the rights of the brand owner in accordance with (1) 
or (2), the owner of the mark has the right to prohibit the following acts if they are 
carried out in the course of business:  
1. the affixing of a sign identical to or similar to the mark on these means of 
identification;  
2. offering, placing on the market or possessing for  these purposes or importing or 
exporting these means of identification on which the mark or a sign similar to it is 
affixed.  
(3) The registered trademark does not grant its owner the right to prohibit a third party 
from  using  
1. the name or address of th e third party, if the third party is a natural person,  
2. signs or indications without distinctive character or concerning  the type, quality, 
quantity, destination, value, geographical origin or the time of production of the goods 
or the provision of the s ervice or about other characteristics of the goods or service,     
 
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3. the mark for the purpose of identifying or referring to goods or services as those of 
the owner of this mark, in particular if the use of the mark is necessary as an indication 
of the purpos e of a product or service, for example as an accessory or replacement part,  
In the course of business , provided this corresponds to the decent customs in trade and 
commerce.  
Section  10a.  The use of a sign to identify a product or service covers  in particul ar: 
1. to affix the symbol to goods, to their packaging or to objects on which the service is or 
is to be performed;  
2. to offer goods under the mark, to put them on the market or to own them for the 
stated purposes or to offer or provide services under th e mark;  
3. to import or export goods under the mark;  
4. to use the symbol as a trade name or company name or as part of such;  
5. to use the logo in business papers, announcements or advertising;  
6. to use the symbol in comparative advertising contrary to one of the provisions of the 
Federal Act against Unfair Competition, Federal Law Gazette No. 448/1984, in the 
currently applicable version, for the implementation of Directive 2006/114 / EC on 
misleading and comparative advertising, ABl. No. L 376 of Decemb er 27, 2006 p. 21 . 
Section  10b.  (1) The trademark does not grant its owner the right to prohibit a third 
party from using the trademark for goods which have been brought into circulation in 
the EEA under this trademark by the owner or with his consent.  
(2) (1) does not apply if there are legitimate reasons for the owner to oppose the further 
sale of the goods, in particular if the condition of the goods has changed or has 
deteriorated after they have been placed on the market.  
Section  11. (1) Regardless of a change in ownership of the company, the trademark can 
be transferred for all or part of the goods or services for which it is registered.  If the 
trademark right belongs to a company, the trademark right including any license rights 
to it sh all pass to the new owner in the event of a change in ownership of the entire 
company, unless otherwise agreed.  
(2) If the application for recordal of the transfer or the documents submitted for this 
clearly show that the transfer of rights means that the trademark is suitable to mislead 
the public, in particular about the type, quality or geographical origin of the goods or 
services, so the request for re -registration must be rejected, unless the purchaser 
agrees to a restriction of the list of goods and s ervices to eliminate the risk of deception.     
 
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(3) As long as the trademark register has not been rewritten, the trademark right cannot 
be asserted before the Patent Office and all communications relating to the trademark 
can be delivered to the person regist ered as the trademark owner with effect against the 
purchaser.  
Section  12. Nobody may use someone else's name, company name or special 
designation of the company to identify goods or services without the consent of the 
person entitled.  
Section  13. If the r eproduction of a registered trademark in a dictionary, lexicon or 
similar reference work in printed or electronic form gives the impression that it is a 
generic description of the goods or services for which it is registered, the publisher of 
the work shal l, at the request of the owner of the mark , ensure that the reproduction of 
the mark is immediately accompanied by a notice , that it is a registered mark, in the 
case of printed products at the latest when the work is reprinted.  
Section  14. (1) The tradema rk may be the subject of exclusive or non -exclusive licenses 
for all or part of the goods or services for which it is registered, and for the entire federal 
territory or part of it.  
(2) The owner of a trademark can assert the rights arising from the tradem ark against a 
licensee who in regard to  
1. the duration of the license,  
2. the registration form in which the trademark may be used,  
3. the nature of the goods or services for which the license was granted,  
4. the area in which the trademark may be used, or  
5. the quality of the goods or services produced by the licensee  
violates a provision of the license agreement.  
(3) The licensee may  only initiate proceedings for infringement of a trademark with the 
consent of its owner.  However, the owner of an exclusive license can do this even if the 
owner of the trademark has not brought an infringement action himself within a 
reasonable period of time after expressly requesting it.  
(4) Each licensee can join an infringement action brought by the owner of the trademark 
as an intervener.  The interest in the future assertion of his own damage in a separate 
procedure justifies the legal interest in joining as a secondary intervener.  
(5) (1) to (4) also apply to trademark  applications .    
 
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(Note: Section  15 repealed by Federal Law Gazette No. 350/1977 ) 
 
II. CHAPTER  
Registration, rewriting and deletion of trademarks  
1. Registration  
Section  16. (1) The trademark register is administered  by the Patent Office.  
(2) A written application to register t he trademark has to be filed with the Patent 
Office.  Unless it consists only of numbers, letters or words and no specific written form 
is claimed for, a reproduction of the mark in the form of images or as a file and, if 
necessary, a description that is consistent with  the reproduction and does not expand 
the protected subject matter , must be submitted.  The number of trademark  
representations to be submitted, their nature and dimensions, the type of file and 
format corresponding to the trademark  type and the data carrie r permitted for 
submission, the necessary content and scope of the description and the type of 
characters in standard font, for example punctuation marks , which are treated the same 
way as  letters or num erals,  are determined by ordinance.  
(3) In the application, the goods and services for which trademark protection is being 
applied for must be clearly and unambiguously stated (list of goods and services) so that 
anyone can determine the scope of protection applied for on this basis alone.  General 
term s including  generic terms of the Nice Classification (Nice Agreement on the 
International Classification of Goods and Services for the Registration of Trademarks , 
Federal Law Gazette No. 401/1973 in the currently valid version) include all goods or 
service s that are clearly covered by the literal meaning of the respective term.  More 
detailed requirements of the list of goods and services are determined by ordinance.  
(4) In the ordinances to be issued by the President of the Patent Office in accordance 
with (2) and (3), the requirements of the registration process as well as the registration 
and publication of the trademark must be taken into account; in particular, the 
requirements for trademark reproduction are to be determined in such a way  that the 
reprod uction in the register may  be represented clearly, precisely, closed, easily 
accessible, understandable, permanent and objective, so that everyone can clearly and 
precisely determine for which object protection is granted.  
Section  17. (1) When registering,  the following must be entered in the trademark 
register:  
1. the trademark  and, if applicable, a description of the trademark ,    
 
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2. the registration number,  
3. the day of registration and, if applicable, the priority claimed,  
4. the owner of the trademark an d, if applicable, his representative,  
5. the goods and services for which the trademark  is intended, classified according to 
the international class division (Nice Agreement on the International Classification of 
Goods and Services for the Registration of Trademarks , Federal Law Gazette No. 
401/1973 in the currently applicable version),  
6. the beginning of the term of protection,  
7. if applicable, the information that the trademark has been registered based on a 
proof of having a cquired distinctive characte r (“Verkehrsgeltungsnachweis”) . 
(2) If the registration takes place on the basis of a conversion application, a reference to 
this must be included in the register.  The following also applies:  
1. if the registration is based on an application for conversion  in accordance with Art. 
139 of Regulation (EU) 2017/1001, the date of filing for the EU trade mark within the 
meaning of Art. 32 of this Regulation shall be deemed to be the date of application 
within the meaning of (1) No (3). If necessary, the seniority according to Art. 39 or 40 of 
this Ordinance must also be entered in the register.  
2. if the registration is based on an application for conversion in accordance with Art. 
9quinquies of the Protocol to the Madrid Agreement  on the International Registration of 
Trademarks, Federal Law Gazette III No. 32/1999, the date of registration within the 
meaning of (1) No. 3 shall be the date of international registration within the meaning of 
Art. 3 (4) or the date of registration of the territorial extent within the meaning of Art. 
3ter (2) of the Protocol.  If necessary, the seniority assigned to the mark in accordance 
with Art. 4bis of the protocol must also be entered in the register.  
(2a) If the registration is based on the divisio n of an application or registration, a 
reference to the division and the file number of the application the division was 
originally based on must be entered in the register.  The day of registration within the 
meaning of (1) No. 3 is the day of registration  from which the division was 
based;  Likewise, a priority claimed for this application or a seniority to which it is entitled 
in accordance with (2) also apply to the division, provided that the goods or services of 
the division are covered by the priority or the seniority.  
(3) Trademarks that only consist of numbers, letters or words without a graphic design 
and for which no specific written form has been claimed must be entered in capital  and 
small  letters or Arabic numerals as well as the other characters  permitted under section     
 
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16 (2).  For trademarks, the reproduction of which only exists in a file without an image, 
the entry is made in accordance with (1) No. 1 by indicating that the file has been made 
accessible in electronic form.  
(4) The trademark owner receives an official confirmation of the entries in the register 
according to (1) and (2a). This may also include the entries in accordance with section  
28a.  
(5) The trademark is to be published after its registration.  
(6) The trade mark register and the catalogs to be created for its content are open to 
everyone.  A certified copy of the entries must be issued on request.  
(Note: Section  18 repealed by Federal Law Gazette I No. 149/2004 ) 
Section  19. (1) The trademark right arises on the day of entry in the trademark register 
(registration).  The term of protection is ten years from the date of registration.  It may  be 
extended again and again by ten years by paying a renewal fee in good time.  The new  
term of protection is to be calculated from the end of the immediately preceding term of 
protection regardless of the date of renewal.  
(2) A note about the renewal  must be entered in the register.  
Section  19a.  (1) The Patent Office shall inform the trademar k owner at least six months 
in advance of the end of the term of protection.  This information letter does not require 
a signature or certification from the authorities.  
(2) The information pursuant to (1) or its omission is irrelevant for the duration of 
protection or renewal and does not justify any claims.  
Section  20. (1) Every trademark application must be checked for compliance with the 
law. 
(2) If this examination reveals that there are doubts about the admissibility of the 
registration of the trademar k, the applicant shall be asked to express his / her opinion 
within a certain period of time.  If the inadmissibility of the registration is determined 
after a timely statement or after the deadline has expired, the trademark application 
must be rejected wi th a resolution.  
(3) If there are concerns about the admissibility of the registration according to section  4 
(1) No. 3, 4 or 5, at the request of the applicant and prior to rejection it must be 
determined by resolution that the sign applied for regist ration is only registrable under 
the conditions of section  4 (2); such a decision can be contested with an appeal ( section  
37 (1)).     
 
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Section  21. (1) If a similarity search is requested with the trademark application, the 
Patent Office must provide written information as to whether the sign applied for is the 
same or possibly similar to earlier trademarks that are registered for goods or services 
in the same class.  If the necessary technical and organizational requirements are met, 
this similarity search also includes trademark applications , EU trademarks and EU 
trademark  applications . Identical or possibly similar trademarks are to be 
communicated to the applicant with the information that the applied sign will be 
registered in the event of admissibility ( section  20 (2)), provided that the application is 
not withdrawn within the period set by the Patent Office.  
(2) The notification according to (1) is irrelevant for the assessment of the scope of 
protection of the symbols concerned.  It does not require a signature or certification 
from the authority.  
Section  22. Upon request, the Patent Office shall provide anyone with written 
information as to wheth er a particular sign is the same or possibly similar to 
trademarks, the goods and services of which fall into the classes specified in the 
request.  Section  21 (2) applies to such information. If the mark is a registered trademark, 
it is sufficient to state  the registration number.  If the necessary technical and 
organizational requirements are met, this similarity search also includes trademark 
applications , EU trademarks and EU trademark  applications . 
Section  23. On the day of the proper registration of a t rade mark, the applicant acquires 
the right of priority.  
Section  23a.  (1) By means of a declaration of division, the applicant for a trademark may  
divide the application or the owner of a registered trademark may  divide the registration 
with regard to cert ain goods or services which must not overlap either with the 
remaining goods or services or with those of other divisions.  Section  16 (3) is to be 
applied accordingly.  
(2) If the payment of the division fee is not initiated within two months of the submiss ion 
of the declaration of division, the declaration of division shall be deemed not to have 
been submitted.  There is no extension of the deadline, further processing or 
reinstatement within the deadline for paying the division  fee. 
(3) In addition, if a trademark application  is divided, the provisions on the application of 
trademarks apply accordingly.  
(4) If the declaration of division concerns a registration, the division becomes effective 
upon entry in the register . Entries in the register of the tradema rk being the object of 
the division  will be transferred to the entry in the register resulting from the division, 
provided that they have a reference to its goods or services.     
 
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(5) A declaration of division is not permitted for registered trademarks before the 
opposition  period ( section  29a (1)) has expired.  If a declaration of division concerns 
goods or services that are the subject of an o pposition  or an application pursuant to 
sections  30 to 34, sections  66 or 66a, a division will only be entered in the register when 
the relevant procedure pursuant to section  29b (6) has been completed or the decision 
becomes legally binding.  
Section  24. (1) The priority rights granted on the basis of intergovernmental ag reements 
as well as priority rights according to (2) are to be expressly  claimed . The date of 
registration, the priority of which is claimed, and the country , in which this registration 
was made , must be specified (declaration of priority).  The file number  of this application 
must also be given.  
(2) The applicant has a period of six months after the filing date of an earlier trademark 
application that was filed with a registration office that is not covered by the scope of an 
intergovernmental agreement on the recognition of priority for a later application 
relating to the same trademark in Austria  the right to the priority of the earlier 
trademark application if a corresponding reciprocity with this registration office has 
been established by an announcemen t to be published in the Federal Law Gazette by 
the Federal Minister for Economic Affairs.  The requirements and the effects of this 
priority right correspond to those of Article 4 of the Paris Convention for the Protection 
of Industrial Property, Federal L aw Gazette No. 399/1973.  
(3) The declaration of priority must be submitted within two months of the receipt of the 
application at the Patent Office.  Correction of the declaration of priority may  be 
requested within this period.  
(4) If the acquisition or ma intenance of the property right depends on whether the 
priority was rightly claimed, the right of priority must be proven.  The President of the 
Patent Office's ordinance must determine which documents are required in the 
proceedings before the Patent Offic e for this proof (priority documents) and when these 
documents are to be presented.  
(5) If the declaration of priority is not submitted in time, the priority documents are not 
submitted in time or if the file number of the application whose priority is cla imed is not 
disclosed in due time after an official request, the priority is determined on the day of 
the application in Austria . 
Section  25. (1) Trademarks  that are used at a domestic or a foreign exhibition to identify 
goods on display there enjoy priori ty protection in accordance with the provisions of 
sections  26 and 27.     
 
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(2) The provisions of sections  26 and 27 also apply in particular to displays at design  and 
products exhibitions . 
Section  26. (1) Protection only exists if the Federal Minister for Econ omic Affairs has 
granted priority protection to the exhibition for the trademarks  that are used to identify 
the goods on display there.  
(2) The exhibition management must request the granting . This request must contain 
the information necessary for the decision on the claimed priority privilege.  
(3) The application must be granted if the granting of protection is required on the basis 
of international obligations or is justified in view of the economic importance of the 
exhibition.  
(4) The granting of pr iority protection is to be announced at the expense of the 
exhibition management in the “Official Gazette of the Wiener Zeitung” and in the 
“Austrian Patent Gazette”.  
Section  27. (1) The protection has the effect that the trademark enjoys a right of priori ty 
from the day the goods marked with the trademark are brought into the exhibition 
space if it is registered with the Patent Office within three months of the day the 
exhibition is closed.  The application may only include the goods on display for which the 
mark was used at the exhibition.  
(2) If the same or similar goods, which are marked with the same or similar trademarks , 
are brought into the exhibition space at the same time, the trademark  whose 
application has been filed first  has priority.  
(3) The right of priority is to be claimed  expressly.  The exhibition and the day , on which 
the goods marked with the trademark  were brought into the exhibition space,  must be 
indicated (declaration of priority).  The provisions of section  24 (3) apply accordi ngly.  
(4) The right of priority must be demonstrated by a representation of the trademark  and 
a confirmation from the exhibition management, which goods with this trademark  were 
on display and when they were brought into the exhibition room (priority docum ents).  
 (5) If the declaration of priority is not submitted on time or if the priority documents are 
not submitted in due time after an official request, the priority is determined according 
to the day of registration.  
2. Changes to the register status  
Section  28. (1) The transfe r of the trademark, the entry and deletion of license rights as 
well as liens and other r ights in rem  and enforcement measures are carried out upon    
 
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written application by one of the parties involved.  The entry and deletion of liens,  other 
rights in rem  and enforcement measures are also carried out upon request by a court.  
(2) A copy of the document on the basis of which the entry is to be made must be 
submitted with the application.  If the original of the document is not a public doc ument, 
it must be signed with the certified signature of the person disposing of his rights.  In the 
case of a transfer  of the trademark, a corresponding declaration by the parties or their 
representatives requesting the transfer  can be submitted instead of  the certificate.  
(3) The form and content of the application, the certificate and the declarations are 
subject to examination by the Patent Office.  If justified doubts arise, the Patent Office 
may  request originals or certified copies or other documents.  
(4) Legal disputes about rights to trademarks as well as the procedures for deletion 
(sections  30 to 34 and sections  66 to 66a), for transfer ( section  30a) and for subsequent 
determination of the invalidity of a trademark ( section  69a) may  be requested to be 
noted in the trademark register (dispute note).  
(5) In other respects , section  43 (3) and (4) and section  45 (2) of the Patent Act 1970, 
Federal La w Gazette No. 259, apply mutatis mutandis.  
(6) The entries mentioned in (1) must be noted in the official confirmation of the entry in 
the register  on request  (section  17 (4)). 
(7) The transfer  of the trademark  is to be published.  
Section  28a.  The transfer  of applications for trademarks is entered in the register at the 
written request of one of the parties involved.  Likewise, the entry and deletion of license 
rights as well as liens and other r ights in rem  and enforcement measures for trademark 
application s takes place in the register.  Section  28 (1) last sentence and (2) and (3) as 
well as section  43 (3) and (4) of the Patent Act 1970 apply mutatis mutandis to entries in 
the register of trademark  applications . 
3. Cancellation  
Section  29. (1) The trademark shall be cancelled  
1. at the request of the holder;  
2. if the registration has not been renewed in time ( section  19); 
3. if the trademark right has expired for reasons other than those listed under No. 1 and 
2;    
 
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4. on the basis of a lega lly binding decision with which a registration was cancel led due 
to an o pposition ; 
5. on the basis of a legally binding decision, with which an request  for cancellation 
submitted to the Cancellation  Department was granted.  
(2) The cancellation  must be ente red in the trademark register ( section  17) and 
published.  
Section  29a.  (1) An o pposition  to the registration may  be raised within three months 
from the date of publication of the registration of the trademark ( section  17 (5)).  It has to 
be based on a  trade mark under the conditions of section  30 (1) or (2), on a well -known 
trademark according to Art. 6 bis of the Paris Convention or on a designation of origin or 
geographical indication  according to  section  32a. 
(1a) An o pposition  may  be based on one or more elder rights according to (1), provided 
that they belong to the same owner or applicant.  If an opposition is based on an earlier 
EU trade mark, section  30 (4) applies accordingly.  If an opposition is raised on the basis 
of a well -known trademark, the notori ous reputation according to Art. 6 bis of the Paris 
Convention  must be in existence on the registration or priority date.  An opposition can 
be based on part or all of the goods and services covered by an earlier right and 
directed against part or all of the  goods and services of the mark.  
 (2) If a trademark is registered under the Madrid Agreement on the International 
Registration of Trademarks, Federal Law Gazette No. 400/1973, and the Protocol to the 
Madrid Agreement on the International Registration of T rademarks, Federal Law Gazette 
III No. 32/1999, the Publication in the publication gazette issued by the International 
Bureau of the World Intellectual Property Organization replaces  the publication referred 
to in  (1). The o pposition  period begins on the f irst day of the month following the month 
specified as the month of issue of the publication gazette  in which the publication of the 
internationally registered trademark is included.  
(3) The well -founded o pposition  must be received by the Patent Office no later than the 
last day of the period.  It must be submitted in writing together with all enclosures in 
duplicate.  
(4) If the o pposition  fee is not paid within the o pposition  period, the o pposition  is 
deemed not to have been filed.  
(5) There shall be no reinstatement of the time limit for filing an opposition and paying 
the opposition fee . 
(6) The possibilities of submitting a  request  to the Cancellation  Department remain 
unaffected.     
 
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Section  29b.  (1) After the o pposition  period has expired, the trademark owner is to be 
informed about all oppositions  received in due time and is to be given a reasonable 
period, which can be extended for reasonable reasons, to submit a written 
statement.  Within this per iod, the trademark owner may also raise the opposition  of 
insufficient use of the trademark giving rise to the o pposition  (3). If the trademark owner 
does not submit  a statement within the deadline set, the revok ing the trademark in full 
or in part without further proceedings  has to be ordered , even if the opposition is based 
on an application that had not yet led to registration at the time of the decision.  The 
provisions on contestation listed in section  35 (5) are  to be applied in o pposition  
proceedings,  unless otherwise specified below.  
(2) After the trademark owner has made a timely statement, the member responsible 
pursuant to section  35 (1) shall make the appropriate dispositions in relation to any 
necessary co rrespondence, the gathering of the evidence offered by the parties and the 
taking of evidence.  At the request of one of the parties, or  ex officio  if the member  
deems this necessary in individual cases to decide on the o pposition , he/she  has to 
organize an  oral hearing.  The member has to take  a decision with free assessment of 
the available factual and evidence material.  
(3) If an o pposition  is based on a trademark that has been registered for more than five 
years on the registration or priority date of the  trademark against which it is directed, it 
can only be accepted , if it is demonstrated  within a reasonable period at the request of 
the trademark owner that there is no reason for expiry corresponding to section  33a on 
the filing or priority date of the y ounger trademark.  The documents submitted to prove 
the use of the trademark are to be sent to the trademark owner to enable him to 
comment.  If the trademark owner submits a  request  for revocation against the 
opponent's trademark in accordance with section  33a within a period of two months 
from the delivery of the documents submitted to substantiate use to the competent 
authority, and proves this within a reasonable period,  the o pposition  procedure is to be 
interrupted and, after a final decision, this proce dure is to be started ex officio or upon 
application.  The opponent's mark is only valid for the opposition proceedings for the 
part of the goods and services for which it was used.  
(3a) Until the expiry of the deadline for submitting comments pursuant to (1) or, if 
applicable, the period for commenting pursuant to (3), a period of maximum six months 
from the date of the application must be granted upon joint application by the parties to 
enable an amicable agreement, even without further justification.  Open  deadlines in 
accordance with (1) or (3) end, subject to their other possibility of extension if there are 
reasonable reasons, at the same time as the deadline for enabling an amicable 
agreement.     
 
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(4) In addition, an o pposition  procedure may  be interrupted  in accordance with section  
190 of the Austrian  Code of Civil Procedure  if the opposition  is based on an application, 
if the legality check ( section  20) has not yet been finalized in the case of an international 
registration that is caught in a dispute, if one of the trademarks in question is contested 
or if the  trademark giving rise to opposition is itself subject to opposition, or when 
several oppositions have been filed against the same trademark registration.  In the 
latter case, a preliminary check, including the written statements, must be carried out to 
determine whether the trademark registration is likely to be revoked due to anoth er or 
several other oppositions . 
 (5) The total or partial cancellation of a trademark resulting from an o pposition  has   
retroactive effect on the beginning of the term of protection.  
(6) As far as  a trademark has been revoked  with legally binding effect  or as far as an 
international registration following ex officio legal examination  (section  20) has been 
finally  refused protection or insofar as a trademark been refused finally, or, as far as a 
mark has been cancelled based on a final decision concerning a request to the 
Cancellation Department with retroactive effect to the beginning of the period of 
protection , pending opposition proceedings against this trademark are deemed settled  
to the appropriate extent and the parties shall be  informed accordingly.  Opposition 
proceedings are ended in the same way,  if during the pendency of the opposition 
procedure the procedure to register the application, the opposition is based on, is 
closed without leading to registration, or, if the mark  or designation of origin  or 
geographical indication , opposition is based on, finally loses protection in Austria.  
(7) The parties have to bear the costs of the opposition proceedings themselves.  
Section  29c. (1) The responsible member has to open and chair the oral hearing.  It ha s 
to convince itself of the identity of those appearing as well as to check their party status 
and any power of representation.  It must conduct the negotiation without admitting 
digressions or expansiveness in such a way that the parties have the right to be 
heard.  As the negotiator, the member determines the order in which the parties are to 
be heard, the evidence to be taken, and the results of any previous evidence or inquiries 
to be presented and discussed.  It decides on requests for evidence and has to  reject 
apparently insignificant requests.  He is also entitled to interrupt and postpone the 
hearing as required and to verbally determine the time for the continuation of the 
hearing.  
(2) The Fee Claims Act - GebAG shall apply.  
(3) The respective point in  time of the start of the five -year period in accordance with 
section  33a (1a) is entered in the register for the goods and services of the trademark     
 
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concerned.  For these purposes, a notice of suspension is deemed to be the end of the 
proceedings.  
Section 30. (1) The owner of a  trade mark previously applied for  may  request  
cancellation of a trademark provided that either  
1. the two trademarks and the goods or services for which the trademarks are 
registered are the same, or  
2. the two trademarks and the goods or services for which the trademarks are 
registered are identical  or similar, which means that there is a risk of confusion for the 
public, which includes the risk that the trademark would be associated with the earlier 
trademark.  
(2) The owner of a  trade mark previously applied for  and having reputation in Austria  
may  also request the cancellation of a trademark, provided that the two trademarks are 
identical or similar, regardless of whether the goods or services are identical  or similar 
or not similar and provided that the use of the younger mark without due cause would 
take unfair advantage of, or be detrimental to the distinctive character or the reputation 
of the well -known mark.  The reputation of the earlier mark shall be required to have 
existed  at the latest on the day of filing of the younger mark, if applicable  on the day on 
which he priority or seniority is established.  
(2a) If the cancellation request in accordance with (1) or (2) is based on a n application , 
the request can only be granted subject to the trademark registration.  
(3) Requests  according to (1) or (2) are to be rejected if the applicant has tolerated the 
use of the later registered mark for a period of five consecutive years with knowledge of 
this u se. This only applies to the goods or services for which the younger trademark was 
used, and only if the application for the younger trademark was not made in bad faith.  
(4) If a  request  for cancellation pursuant to (2) is based on an elder EU trade mark, proof 
of reputation in the European Union must be furnished  instead of proof o f reputation in 
Austria . 
(5) Requests  according to (1) or (2) are to be rejected if the earlier trademark could  be 
cancelled  or declared null and void for the reasons set out in section  4 (1) No.  3, 4 or 5 at 
the date of the application or the priority date of the younger trademark and  has not 
acquired distinctive character within the meaning of section  33 (2) by this point in time 
or if the earlier mark has not acquired sufficient distinctive character by this point in 
time to lead to a likelihood of confusion in accordance with (1). 
(6) Requests  according to (1) or (2) are to be rejected if the earlier trademark was not 
used for the respective goods or services before the date of th e request  within the    
 
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meaning of section  33a (1) without legitimate reasons and the five -year period according 
to section  33a (1a) or (1b) is over.  If this five -year period has already passed on the f iling 
or priority date of the later registered mark, the owner of the earlier mark must also 
provide evidence that the mark has been used seriously in the five years prior to the 
filing or priority date of the later registered mark or that there were legit imate reasons 
for non -use. With regard to EU trademarks, genuine use is to be assessed according to 
Art. 18  of Regulation (EU) 2017/1001.  
Section  30a.  (1) If the agent or representative of a person who has acquired a 
trademark right in Austria  or abroad through registration or use causes the registration 
of this trademark in his own name without the consent  of the proprietor , the latter  can 
request the cancellation of this trademark, unless, the agent or representative justifies 
his action.  
(2) Instead of the cancellation  of the trademark according to (1), the applicant may 
request  the transfer to him /her. 
(3) If the request  is based on a registered trademark, section  30 (6) applies accordingl y. 
Section  31. (1) Anyone who can prove that the unregistered mark used by him /her for 
identical or similar goods or services at the date of filing of the contested mark, which is 
identical  or similar to his unregistered mark , is recognized within the rele vant public  as 
distinctive sign for goods or services of his/her enterprise , may  request the cancellation  
of a trademark, unless the trademark has been used unregistered by the trademark 
owner for at least as long as by the applicant's enterprise . 
(2) The request  must be rejected if the applicant has tolerated the use of the registered 
mark for a period of five consecutive years with knowledge of this use.  This only applies 
to the goods and services for which the registered trademark has been used, and only if 
the application for the registered trademark was not made in bad faith.  
Section  32. (1) An entrepreneur can request the cancellation  of a trademark if his name, 
his firm name  or the special designation of his company or a designation similar to 
these designations has been registered as a trademark or as part of a trademark 
without his consent ( Section  12) and if the use of the mark would be capable of creating 
the risk of conf usion in trade with one of the applicant's company symbols mentioned 
above.  
(2) The request  must be rejected if the applicant has tolerated the use of the registered 
mark for a period of five consecutive years with knowledge of this use.  This only applies 
to the goods and services for which the registered trademark has been used, and only if 
the application for the registered trademark was not made in bad faith.     
 
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Section  32a. Anyone entitled under Union legislation for the protection of designations 
of origi n and geographical indications or under Austrian legislation, including 
international agreements to which the Union or the Republic of Austria is a party, to 
prohibit the use of a later trade mark on the basis of a designation of origin or 
geographical ind ication may apply for cancellation of the trade mark, provided that the 
application for registration of the designation of origin or geographical indication, 
subject to its subsequent registration, was filed before the filing date or priority date of 
the t rade mark.  
Section  32b.  Anyone who, according to section  81 or 84 (2) of the Copyright Act, Federal 
Law Gazette No. 111/1936, has a right to injunction  due to the lack of consent of the 
author to use the work as a trademark, can apply for the trademark to be 
cance lled. Section  31 (2) applies accordingly.  
Section  32c. Anyone who has a  right to  injunction against the use of a trademark 
according to section  34 of the 1990 Design Protection Act, Federal Law Gazette No. 497, 
can apply for the trademark to be can celled. Section  31 (2) applies accordingly.  
Section  33. (1) Anyone can request the cance llation  of a trademark for a reason t o be  
perceived ex officio.  
(2) In the cases of section  4 (1) No. 3, 4 or 5, a trademark will not be cancelled  if it has 
acquired distinctive character within the meaning of section  4 (2) as a result of its use 
prior to the filing of the request  in accordance with (1).  
Section  33a.  (1) Anyone can request the cancellation  of a trade mark registered in 
Austria or enjoying protection in Austria under section 2(2), provided that the trade 
mark has not been put to genuine use in Austria as a trade mark within the meaning of 
section 10a by the proprietor of the trade mark or, w ith the proprietor's consent, by a 
third party in respect of the goods or services for which it is registered, within the five 
years preceding the date of filing of the request, unless the proprietor of the trade mark 
can justify the non -use. 
(1a) In the c ase of a trademark registered in Austria , if no o pposition  has been filed , an 
application pursuant to (1) can be submitted at the earliest five years after the end of 
the o pposition  period pursuant to section  29a (1) or after a final decision o f opposition  
proceedings or their  termination pursuant to section  29b (6) or section  29c (3) 2nd 
sentence for the goods and services concerned.  
(1b) In regard to a trademark enjoying protection in Austria pursuant to section  2 (2) and 
where there has been no opposition filed, a request pursuant to (1) may be deposited at 
the earliest five years from the date when the time  limit to notify a refusal of protection 
accor ding to  Article 5 (2) of the Protocol to the Madrid Agreement concerning the    
 
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International Registration of Marks has elapsed without reaction. When a provisional 
refusal has been notified a request pursuant to (1) may be deposited for  the respective 
goods and services at the earliest 5 years from the day a decision in regard to  the 
granting of protection according to Rule 18ter (2) of  the Common Regulations under the 
Madrid Agreement and Protocol, Federal Law Gazette No. 109/1997, becomes final, 
regardless whether the procedure has been based on absolute grounds or an 
opposition or whether there has been a finalization of procedure according to section  
29b (6) or section  29c (3) 2nd sentence.  
 (2) Insofar as trademarks have not been used as a result of legal  restrictions on the 
trade with the goods or services for which they are registered, they shall not be subject 
to cancellation  in accordance with (1) only  if, because of the serious use of the mark 
abroad or due to other  circumstances worthy of considerati on, a  legitimate interest in 
trademark protection in Austria is to be recognized.  
(3) Initial or resumed use after an uninterrupted period of non -use of five years, which 
occurred within three months prior to an application for cancellation pursuant to (1), 
shall not be taken into ac count if the preparations for this use have only taken place 
after the trademark owner became aware of the option that  a request for cancellation 
could be made.  
(4) Use of a mark also includes:  
1. the use of the mark in a form that deviates from the registration only in parts without 
affecting the distinctive character of the mark, regardless of whether the mark in the 
form used is also registered in the name of the proprietor;  
2. affixing the mark to goods or their packagi ng for export only.  
(5) Use must be proven by the trademark owner.  
Section  33b.  Anyone can request the cancellation of a trademark if, after the date  of its 
registration, it has become , consequence of the proprietor's conduct or inactiv ity, the 
common name  in the trade for a product or service for which it is registered.  
Section  33c. Anyone can  request the cancellation of a trade mark if, after the date of its 
registration, following the use made of it by the proprietor or with his consent in relation 
to go ods or services for which it is registered, it is liable to mislead the public, 
particularly as to the nature, quality or geographical origin of those goods or services.  
Section  34. Anyone can request the cancellation of a trademark if the applicant was 
acting in bad faith when filing the application .    
 
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Section  34a.  (1) A decision with which an application for cancellation submitted to the 
Cancellation Department is granted may affect part or all of the goods and services of a 
trademark.  Likewise, with regard  to the opposition  of non -use within the meaning of 
section  30 (6), a trademark shall be deemed to exist in law for the purposes of these 
proceedings only in respect of that part of the goods and services for which it has been 
used.  
(2) If the owner of the  earlier trademark or the earlier right agrees to the registration  of 
the younger trademark, an application for cancellation based on the provisions of 
sections  30 to 32c can be rejected under appropriate circumstances.  
(3) With a notice of cancellation in accordance with sections  30 to 33, 34, 66 (2) or section  
66a (2), the trademark is declared null and void with effect from the beginning of the 
period  of prote ction ( section  19 (1)). If the reason for cancellation  in accordance with 
section  66 (2) or section  66a (2) is based on amended regulations , the trademark will be 
declared null and void with effect from the date of entry of  the regulations  in the 
register.  
(4) With a notice of cancellation in accordance with sections  33a, 33b, 33c, 66 (1) or 
section  66a (1), the trademark is revoked with effect from the date of filing the 
request . At the request of a party, if the reason for expiry occurs earlier, an earlie r 
effective date may  be set, in the case of a declaration of cancellation  according to 
section  33a, however, at most until the expiry  of the fifth year after the date according to 
section  33a (1a) or (1b). 
4. Authorities and procedures  
Section  35. (1) In the Patent Office, the member of the legal department responsible for 
these matters shall be entrusted by a llocation of duties to take decisions  and to the 
handling of other matters relating to trademark protection as well as the protection of 
geog raphical indications and designations of origin according to Section VII, unless they 
are reserved for the President or the Cancellation  Department . 
(2) Section  58 to 61 of the Patent Act 1970, Federal Law Gazette No. 259, are to be 
applied mutatis mutandi s. 
(3) By ordinance of the President, employees who are not members of the Patent Office 
may be authorized to deal with matters of the legal department which are to be 
designated according to the nature of the matter, provided that this is expedient due to  
the simplicity of the transactions and the training of the authorized employees is a 
guarantee of proper handling . These employees cannot be authorized to pass 
resolutions on the protectability of trademarks and the admissibility of lists of goods 
and ser vices.  They  are bound by the instructions of the entrusted member of the legal    
 
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department according to the allocation of duties . This member at any time may reserve  
matters or take charge of them himself/herself.  
(4) The decisions/ resolutions of the employ ees authorized according to (3) can be 
challenged like those of the responsible member.  
(5) As for the rest, unless otherwise specified below, sections  52 to 56, 57b, section  62 
(8), sections  64, 66 to 69, 79, 82 to 86, 112 to 115, 116 to 126, 127 (1), (2), (4) and (5), 
section  128 first sentence, sections  128a to 133 (2), sections  134, 135, 137 and 165 of the 
Patent Act 1970 apply mutatis mutandis  to the procedure . 
(6) The publications provided for in section  17 (5), section  28 (5) and section  29 (2) are 
made in the Austrian Trademark Gazette.  The approval of the reinstatement is to be 
announced in the Austrian trademark gazette, if the trademark right is restored.  
Section  36. (1) Members of the Patent Office are excluded from participation under the 
conditions of section  76 (1) of the Patent Act 1970.  
(2) Members of the Patent Office are excluded from participating in the Cancellation  
Department  
1. in proceedings on requests  for the cancellation  of a trademark in accordance with 
section  30 or for the subsequent determination of the invalidity of a trademark in 
accordance with section  69a in conjunction with section  30, if they have contributed in 
their examination of similarity ( sections  21 and 22) or in their examination in an 
opposition procedure, insofar as these are the same trademarks concerned ( sections  
29a to 29c);  
2. in the procedure on requests  for the cancellation  of a trademark in accordance with 
section  33 or for the subsequent determination of the invalidity of a trademark in 
accordance with section  69a in conjunction with section  33, in which they  participated in 
the decision  on the admissibility of registration.  
(3) The provisions of section  76 (2) an d (3) of the 1970 Patent Act apply mutatis 
mutandis.  
Remedies  against the decisions of the Legal Department of the Patent Office  
Section  37. (1) The decisions of the legal department can be appealed at the Higher 
Regional Court of Vienna  (Oberlandesgericht  Wien) . 
(2) No legal remedy is admissible against the d isposals of the responsible member  
preparing a decision  of the legal department and interim decisions - with the exception 
of interruption decisions in opposition proceedings.     
 
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(3) Section  139 of the Pa tents Act 1970 shall apply mutatis mutandis  to the procedure . 
Section  38. An appeal on a revision basis is admissible in accordance with section  62 
AusStrG against a decision of the appeals court issued in the course of the appeal 
proceedings.  Section  140 (2) of the Patent Act 1970 shall apply mutatis mutandis to the 
procedure.  
Revocation  or cancellation  procedure  
Section 39.  (1) The Cancellation  Department decides on requests  for the cancellation  of 
a registered trademark ( sections  30 to 34 and 66 to 66a), applications for transfer 
(section  30a) and applications for subsequent determination of the invalidity of a 
trademark ( section  69a) by three members, one of whom is chair.  The chair person  and 
one other member must be legally qual ified.  
(1a) With regard to the opposition s pursuant to section  30 (3), (5) and (6) as well as 
section  30a (3), it is sufficient to substantiate the defense as per section  29b (3). 30a (3), 
(5) and (6) as well as section  30a (3)  are to be raised expressly a nd, if otherwise excluded, 
within the period for filing the counter statement . A separate reinstatement to raise the 
opposition s does not take place, but a reinstatement can only take place together with 
the reinstatement in the time limit for filing the c ounter statement.  If an opposition  is 
raised in a timely manner, it shall  be served on the applicant and the opportunity to 
comment shall be given before the hearing is convened  in accordance with section  118 
of the Patent Act 1970.  For the purpose of discussin g an opposition  as conclusively as 
possible between the parties  in the preliminary proceedings ( section  116 of the Patent 
Act 1970), in particular if evidence has been submitted in reply to  an opposition , the 
defendant  in the preliminary proceedings shall be given the opportunity to submit  a 
written statement on the applicant's comments.  Section  115 (2) of the Patent Act 1970 
shall apply  with the proviso that the deadlines for comments and statements shall be  at 
least one month.  
(2) Notwithstanding (1), decisions that terminate the proceedings are made by the 
Chairman without the requirement of a decision on the matter itself, decisions of the 
Cancellation  Department according to (3) as well as resolutions on claims under the Fees  
Claims Act.  
(3) If the trademark owner in question does not submit a counter -statement  within the 
deadline set, the Cancellation  Department shall , without further proceedings, order the 
complete or partial cancellation or transfer of the trademark or subs equently determine 
the total or partial invalidity of the trademark.  In the case of an application in 
accordance with section  30 (2a), this applies regardless of the registration of the 
application mark at the time of the decision.  If both the cancellation  and the transfer of    
 
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a mark are requested in a procedure, the Invalidity Division has to order the transfer, 
unless the request indicates otherwise.  
Remedies  against the decisions of the Cancellation  Department of the Patent 
Office  
Section  40. The final de cisions of the Cancellation  Department of the Patent Office may  
be appealed to the Higher Regional Court of Vienna.  Section  141 (2) of the Patent Act 
1970 shall apply mutatis mutandis to the procedure.  
Section  41. (1) No legal remedy is permitted against a  preparatory order by the 
speaker.  Subject to (2), there is no separate legal remedy against the resolutions of the 
Cancellation Division made in the course of the preliminary proceedings or the hearing; 
they can only be challenged with an appeal, provided  that they had an influence on the 
final decision.  
(2) An appeal to the Higher Regional Court of Vienna is admissible against interruption 
resolutions, resolutions with which an appeal is rejected, resolutions pursuant to section  
130 (2) of the Patent Act 1970, as well as resolutions on claims under the Fee Claims 
Act. Resolutions of the appellate court can be appealed to the Supreme Court in 
accordance with section  519 ZPO.  
(3) Section  142 (3) of the Patent Act 1970 shall apply mutatis mutandis to the appe al 
proceedings.  
Section  42. An appeal against judgments of the court of appeal is permissible in 
accordance with section  502 ZPO, and an appeal against a decision by the appeals court 
(section  41 (2)) is permissible under section  528 ZPO.  Section  143 (2) and (3) of the 
Patent Act 1970 shall apply mutatis mutandis to the procedures.  
Section  43. (1) Section  144 (procedural aid) and 145 (1) to (3) (delivery, representation, 
entry into the proceedings) of the 1970 Patent Act shall apply mutatis mutand is. 
(2) Section  146 (1) and (4) of the 1970 Patent Act shall apply mutatis mutandis to the 
composition of the Senate at the Vienna Higher Regional Court in appeal proceedings 
against a decision by the Legal Department or the Invalidity Department.  
(Note: Sections  44 to 49  repealed by Federal Law Gazette No. 350/1977 ) 
Section  50. (1) Those involved in a procedure are entitled to inspect the documents 
relating to the procedure and to make copies.  Other persons are entitled to this right 
with the consent of th e parties involved or if a legal interest can be substantiated.  
    
 
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(2) Anyone may  inspect  documents of files concerning a trademark that still lawfully  
exist, make copies of them or have copies made.  
(3) The copies are to be certified by the Patent Office upon request.  
(4) The wording or the description of the registered trademark and the list of goods and 
services at the time of registration are to be made known to everyone.  Information and 
official confirmations about when, by whom, if necessary by  which representative, a 
trademark was applied for, which file number the application bears, which priority is 
claimed, which file number the priority application  bears , whether the application is still 
being processed and whether and to whom the right res ulting from the application has 
been transferred  are to be g iven to everyone.  
(5) Consultation minutes and parts of the files relating to the internal course of business 
only are excluded from inspection.  Upon request, if there is a business or trade secre t or 
any other reason worthy of consideration, parts of the files may  also be excluded from 
inspection, the disclosure of which is not necessary for the information of the public.  
(6) Insofar as personal data are processed in the trademark register or in p ublicly 
accessible electronic information services of the Patent Office,  
1. the right to information in accordance with Art. 15 (1) lit. c) Regulation  (EU) 2016/679 
on the protection of natural persons with regard to the processing of personal data and 
on the free movement of such data, and repealing Directive 95/46/EC (General Data 
Protection Regulation) , OJ No. L 119 of 04.05.2016 p. 1, in the version of the correction OJ 
No. L 314 of 22.11.2016 p. 72, (hereinafter: GDPR),  
2. the notification obligation according to Art. 19 second sentence GDPR and  
3. the right to restriction of processing in accordance with Art. 18 and the right to object 
in accordance with Art. 21 GDPR, whereby the data subjects must be informed of this in 
a suitable manner , 
do not exis t. 
The right to receive a copy of this data according to Art. 15  (3) GDPR is fulfilled by the 
fact that the person concerned may  inspect the trademark register or the publicly 
accessible electronic information services of the patent office.  
III. CHAPTER  
Civil law claims in the event of trademark infringements  
Section  51. (1) Anyone who is injured in one of the rights  to which he is entitled from a 
trademark or who has to worry about such a violation may  sue for an injunction.     
 
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(2) (1) applies mutatis mutan dis to a beneficiary according to section  30a.  
Section  52. (1) The trademark infringer is obliged to remedy the situation that conflicts 
with the law.  
(2) In particular, the injured party may  demand that the infringing items and any existing 
inventories of  counterfeit brands (intervening items) be destroyed at the infringer's 
expense and that the tools, devices and other aids (intervening devices) used exclusively 
or preferably for the production of trademark -infringing objects for this purpose are 
made unu sable, provided that this does not interfere with the rights  in rem  of third 
parties.  
(3) If the objects or means of intervention referred to in (2) contain parts whose 
unchanged existence and their use by the defendant do not violate the plaintiff's right  of 
exclusion, the court shall  specify  these parts in the judgment pronouncing the 
destruction or rendering useless.  In the case of enforcement, these parts are, as far as 
possible, to be excluded from destruction or rendering unusable if the person oblige d 
pays the associated costs in advance.  
(4) If it turns out in the execution proceedings that rendering the means of interventions 
unusable would require greater costs than their destruction, and if these are not paid in 
advance by the obligated party, the  execution court shall, after hearing the parties, order 
the destruction of these means of intervention.  
 (5) If the illegal condition can be eliminated in a way other than that described in (2), 
with no or less destruction of value, the injured party may  only request measures of this 
type.  The mere removal of the trademark from the goods is only sufficient, however, if a 
different approach would lead to disproportionate hardship for the infringer.  
(6) Instead of destroying the objects of intervention or re ndering the means of 
intervention unusable, the injured party may  demand that the objects or means of 
intervention are provided by their owner in return for appropriate compensation not 
exceeding the production costs.  
Section  53. (1) The person injured by the unauthorized use of a trademark is entitled to 
appropriate remuneration from the infringer.  
(2) In the event of culpable trademark infringement, the injured party may,  instead of 
appropriate remuneration , demand  
1. compensation including loss of profit or  
2. the surrender of the profit generated  by the infringer by infringing t he trademark .    
 
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(3) Irrespective of proof of damage, the injured party may  request double the amount 
due to him in accordance with (1), provided that the trademark infringemen t is based on 
gross negligence or willful misconduct.  
(4) The injured party is also entitled to appropriate compensation for the disadvantages 
that do not exist in any financial loss and that it suffered as a result of the culpable 
trademark infringement, insofar as this is justified in the particular circumstances of the 
case.  
(5) Insofar as the same monetary claim exists against several people, they are jointly 
liable.  
Section  54. (1) The owner of a company may  be sued for injunctive relief ( section  51) if a 
trademark infringement is committed or threatened by an employee or agent in the 
operation of his company.  He is obliged to remove  (section  52) if he is the owner of the 
infringing objects or means.  
(2) If the trademark infringement giving rise to a cl aim to appropriate remuneration is 
committed by an employee or agent in the company, the obligation to pay the 
remuneration ( section  53 (1)), to submit invoices ( section  55) and to provide information 
(section  55a) shall only  affect  the owner of the compan y, unless he /she  was neither 
aware of the trademark infringement nor obtained an advantage from it.  
(3) If a trademark infringement is committed in the operation of a company by an 
employee or agent, the owner of the company shall be liable in accordance with section  
53 (2) to (4), irrespective of the liability of these persons, if he was or should have been 
aware of the trademark infringement.  
Section  55. In addition, section  119 (2) (exclusion of the public), section  149 (publication 
of the judgment), section  151 (accounting) and section  154 (limitation) of the Patent Act 
1970, Federal Law Gazette No. 259, apply mutatis mutandis.  
Section  55a.  (1) Anyone who has been violated in one of the rights to which he/she is  
entitled arising from  a trademark may  request information about the origin and 
distribution channels of the infringing goods and services, provided that this would not 
be disproportionate to the severity of the infringement and would not violate statutory 
confidentiality obligations;  The infringer and the persons who commercially   
1. had infringing goods in their possession,  
2. used infringing services or  
3. have provided services used for violations of law ,    
 
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are obliged to provide information . 
(2) The obligation to provide information in accordance with (1) includes, if appropriat e, 
1. the names and addresses of the manufacturers, distributors, suppliers and other 
previous owners of the goods or services as well as the commercial customers and sales 
outlets for which they were intended,  
2. the quantities of goods manufactured, deli vered, received or ordered and the prices 
paid for the goods or services.  
Section  56. (1) With regard to claims for injunction , removal, appropriate remuneration, 
compensation for damages and surrender of the profit under this Act, temporary 
injunctions may be issued both to secure the claim itself and to secure evidence.  
However, an interim injunction based on a trademark against which an application for 
revocation  is possible in accordance with section  33a (1a) or (1b) may  only be issued if it 
is made credible that the grounds for revocation  in section  33a at the time the action is 
brought and the application is filed, possibly also not available at the time according to 
section  30 (6) 2nd and 3rd sentences.  
(2) In order to  secure claims for appropriate remuneration, compensation and surrender 
of the profit, temporary injunctions can be issued in the event of commercial violations 
of the law if it is probable that the fulfillment of these claims is jeopardized.  
(3) In order to secure injunctive relief and removal claims, temporary injunctions can be 
issued, even if the conditions specified in section  381 of the Execution Act  do not apply.  
(4) Interim injunctions pursuant to (1) are to be issued at the request of the endangere d 
party without hearing the opponent, if the delay would probably result in irreparable 
damage to the endangered party or if there is a risk that evidence will be destroyed.  
Section  56a.  The Vienna Commercial Court is exclusively competent  for lawsuits and  
injunctions under this section.  
Section  56b.  (1) The proprietor of a trademark may  only oppose the use of a sign to the 
extent that the trademark could not be canceled in accordance with section  33a at the 
time the action is brought.  
(2) The use of a late r trademark may not  be prohibited by the proprietor  of an earlier  
trademark, if there is no  right to cancellation pursuant to section  30 (2) or (4) to (6). 
(3) The use of a later  EU trade mark may not  be prohibited under (1) if it could not  be 
annulled in accordance with Article 60 (1), (3) or (4) or Article 64 (2) of Regulation (EU) 
2017/1001.     
 
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(4) In the case of (2) to (3), the proprietor  of the later  mark may not  oppose the use of 
the earlier  mark, although this can no longer be asserted a gainst him.  
Section 57. If it emerges in the course of judicial proceedings that the decision depends 
on the preliminary question as to whether the trademark right, the infringement of 
which is alleged, exists in accordance with the provisions of this Act,  and the court has 
suspended the proceedings up to the final decision of the preliminary question by the 
Patent Office at which the preliminary question has already been pending before the 
start of or during the judicial proceedings is interrupted, this decision is to be used as 
the basis for the judgment.  
Section  58. (1) If the proprietor  of an earlier trademark has tolerated the use of a later  
registered trademark in Austria  for a period of five consecutive years while being aware 
of this use, he may not, with regard to the goods or services for which this later  
trademark was used , oppose the use on the basis of its earlier  right, unless the 
application for the earlier  mark was made in bad faith.  The earlier trademark can be a 
registere d trademark or a trademark applied for, subject to its registration, or a well -
known trademark according to Art. 6bis of the Paris Convention.  
(2) In the case of (1), the proprietor  of the later  mark may not  oppose the use of the 
earlier mark, although it can no longer be invoked  against him.  
(3) With respect  to a later  EU trade mark, the right to prohibit pursuant to (1) shall be  
deemed to  have  been forfeited if the EU trade mark could no longer be declared null 
and void pursuant to Art. 61 (1) or (2) of Regulation (EU) 2017/1001.  
Section  59. (1) If a commercial  announcement or notice , in respect  of which an 
execution  title for injunction  within the meaning of section  51 exists , appears in a 
printed work not subject to the disposition of the obligated party, the court competent 
for granting the execution may, upon application of the debtor who is liable, issue the 
order  (section  355 EO) to the owner of the company engaged in the  publishing or 
distribution of the printed work (publisher or owner of the newspaper), to stop the 
further appearance of the announcement  or noti ce in the numbers, issues or editions of 
the printed work appearing after the issuance of the order or, if the printed work 
contains only this announcement or notice, to stop its further distribution.  
 (2) This measure may  also be ordered as a temporary injunction within the meaning of 
section  382 of the Execution Act  in accordance with the provisions of the Execut ion Act  
at the request of a party at risk.  Section  56 (1) first sentence and (3) and (4) apply.  
 (3) The claim for damages to which the applicant is entitled due to violations of the 
order  (section  355 E xecution Act ) shall apply accordingly to section  53 (2) 1 and 4.     
 
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IV. CHAPTER  
Trademark infringements liable to prosecution  
Section  60. (1) Anyone who infringes a trademark in the course of trade shall be liable to 
a fine not exceeding  360 daily rates.  Anyone who commits the offence commercially  
shall be  punished with a prison sentence of up to two years.  
(2) Anyone who , in a manner likely to cause confusion in the course of trade, makes 
unauthorized  use of a name, a company  name  or the special designation of a company 
or a sign similar to these designations to identify goods or services in accordance with 
section  10a shall  be punished  likewise . 
(3) The owner or head of a company is to be punished if he fails to prevent an 
infringement according to (1) or (2) committed on the premises of the  company by an 
employee or agent . 
(4) If the owner of the company according to (3) is a company, cooperative, association 
or other legal entity other than a physical perso n, (3) shall apply to the organs if they are 
guilty of such failure . 
(5) The criminal provisions specified in (1) and (2) shall  not apply to employees or agents 
who have performed  the act on behalf of their employer or client, provided that they 
could not reasonably be expected to refuse to perform  this act because of their 
economic dependency.  
Section  60a.  (1) The offenses specified in section  60 will only be prosecuted at the 
request of the injured party.  
(2) Jurisdiction in criminal matters according to this section belongs to the Regional 
Court for Criminal Matters Vienna.  
(3) The provisions of Main section  17 of the Code of Criminal Procedure 1975 (StPO), 
Federal Law Gazette No . 631/1975, apply to the assertion of claims under section  
53. Both parties are entitled to appeal against the judgement  about the compensation 
claim.  
Section  60b.  Section  52 of this Federal Act (removal) as well as section  119 (2) (exclusion 
of the public ) and section  149 (publication of the judgment) of the Patent Act 1970, 
Federal Law Gazette No. 259, apply mutatis mutandis to criminal proceedings in the 
event of trademark infringements and infringements  of distinctive signs . Section  57 
(preliminary ques tions) also applies to criminal proceedings in the event of trademark 
infringement.     
 
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Section  60c. Anyone who violates the provisions of an ordinance issued on the basis of 
section  9 will be punished by the district administrative authority with a fine  up to  € 72 
or with arrest of up to one month.  In aggravating circumstances, these penalties can 
also be imposed side by side.  In the event of a conviction , the goods in question shall 
always be forfeited  
V. CHAPTER  
Representative  
Section  61. (1) Anyone acting  as a representative before the Patent Office must have his 
domicile or place of business  in the EEA or in the Swiss Confederation;  however, the 
professional regulations apply for attorneys -at-law, patent attorneys or notaries.  The 
repres entative shall prove  his authorization by a written power of attorney, the original 
or a duly certified copy  of which shall be submitted . If more than one  person  is 
authorized, each of them alone shall be  entitled . 
(2) If a n attorney -at-law, patent attorne y or notary  public  intervenes, the reference  to the 
authorization granted to him shall replace the documentary evidence  therof.  
(3) If a representative intervenes without a power of attorney or, in the case of (2), 
without invoking the authorization granted to him, the procedural act peformed  by him 
shall  be effective only on the condition that , within  a reasonable time limit, he submits a 
proper power of attorney or invokes the authorization granted to him.  
(4) An yone who has neither a domicile  nor a place of business in the EEA or in the Swiss 
Confederation may  only assert rights under this Federal Act before the Patent Office if  
he has a representative who meets the requirements of (1). He can only assert these 
rights before the Cancellation  Department of the Patent Office if he is represented by a 
lawyer -at-law, patent attorney or notary  public . The appointment of a representative is 
not required for the use of services and information provided by the Patent Offi ce. 
(5) The authorization granted to a n attorney -at-law, patent attorney or notary  public  to 
represent before the Patent Office authorizes him by law to assert all rights under this 
Federal Act before the Patent Office and – to the extent he is legally entitled  to do so - 
before the appellate authorities, in particular to file and withdraw trademark  
applications , to waive trademark rights, to file and withdraw applications to be dealt 
with by the Cancellation  department, as well as legal remedies, to enter into 
settlements, to accept service of documents  of any kind, to accept  official fees and the 
costs of proceedings and representation to be reimbursed by the opponent, and to 
appoint a deputy  representative .    
 
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(6) The authorization pursuant to (5) can be limited to a specific property right and to the 
representation in a specific proce eding . However, it shall not be revoked  by the death of 
the principal or by a change in his capacity  to act.  
(7) If a representat ive who is not a n attorney -at-law, patent attorney or notary public 
should also be authorized to waive a trademark in whole or in part, he must be 
expressly authorized to do so.  
Section  61a.  In addition to section  83c JN, the place where  
1. the representat ive has his domestic domicile or place of business , or 
2. the authorized recipient is domiciled in Austria , or 
3. in the absence of a representative with domestic domicile or place of business  or an 
authorized recipient with domestic domicile, the place wh ere the Patent Office has its 
registered office,  
shall be deemed the place for matters relating to the trademark as the residence or 
place of business of a trademark  owner who has neither domicile nor place of business  
in Austria . 
VI. CHAPTER  
Collective  marks and certification marks  
Section  62. (1) Associations with legal personality can register trademarks which are 
intended to identify the goods or services of their members and which are suitable for 
distinguishing these goods or services fro m those of other undertakings  (collective  
marks ). 
(2) The legal persons under public law shall have the same statuts as the associations 
referred to in (1). 
(3) The provisions of this Federal Act apply accordingly to collective trademarks, unless 
otherwise  stipulated in (4) and in sections  63 to 67.  In particular, the legal effects 
provided for in section  4 (2) and Section 31 of this Federal Act and in section  9 (3) of the 
Federal Act against Unfair Competition 1984, Federal Law Gazette No. 448, in favo ur of 
unregistered signs , shall  also apply if a sign in the relevant public is regarded as an 
identification sign for  the goods or services of the members of an association.  
(4) Notwithstanding (1) and section  4 (1) No. 4, collective  marks may  consist exclusiv ely 
of signs or indications  which may serve in trade to designate the geographical origin of 
the goods or services.  Such a trademark shall  not entitle its owner or a member of the 
association who is independently authorized to take legal action in accordance with the    
 
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regulations  to prohibit a third party from using such signs  or indications in the course of 
trade , provided that such  use is in accordance with honest practices in industrial and 
commercial matters; in particular, such a mark may not  be invoked  against a third party 
who is authorized to use a geographical designation.  
Section 63.  (1) The application  of the collective  mark must be accompanied by 
regulation s which shall  contain at least the following particulars : 
1. the name and registered office  of the association,  
2. purpose and representation of the association,  
3. the group of persons entitled  to use the collective  mark  
4. the conditions of use, including sanctions in case  of misuse of the collective mark  such 
as, in particular, withdrawal of the right of use,  
5. the rights and obligations of all involved in the event of an infringement of the 
collective mark . 
(2) In  the case of collective trademarks according to section  62 (4), the regulations  must 
also provide that any person whose goods or services originate in the  relevant 
geographical area and compl y with the conditions for the use of the collective  trademark 
contained in the trademark regulations , may become a member of the association 
provided that this person also fulfills all other requirements  of the regulation s. 
(3) Any amendment of the regulati ons shall  be submitted to the Patent Office.  For the 
purposes of collective  trademark protection, it shall take effect only from the date on 
which  a reference to the change has been entered in the trademark register.  
(4) Anyone is free to inspect the regul ations  filed with  the Patent Office.  
(5) Without prejudice to section  62 and section  63 (1) and (2), the application for a  
collective mark or the application for an amendment of the  regulation s in the trademark 
register shall  be rejected if  
1. the regulati ons are  contrary to  public policy  or morality, or  
2. there is a risk that the public will be misled about the character or the meaning of the 
trade mark , especially if the trade mark  is liable to  give the impression that it is 
something other than a collective mark.  
Section  63a.  (1) A certification mark is a mark which is designated as such at the time of 
application and which is capable of distinguishing  the goods or services for which the 
propri etor of the mark warrants  the material, the manner of manufacture of the goods    
 
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or of rendering of the services, the q uality, accuracy or other characteristics, other than 
geographical origin, from those for which no such warranty exists.  
(2) An application  for a certification mark may be filed only by a person who does not 
perform  a commercial activity involving the supply of goods or services for which there 
is a warranty.   
(3) The application  of the certification mark must be accompanied by trademark 
regu lation s which shall  contain at least the following particulars : 
1. the n ame and registered office  of the legal entity,  
2. a declaration by the legal entity to comply with  the requirements of (2), 
3. a representation  of the certification mark,  
4. the range of goods or services for which the certification mark is intended,  
5. the characteristics  of the goods or services to be guaranteed  by the trademark,  
6. the conditions for using the certification mark, including sanctions , 
7. the persons entitled  to use the certification mark,  
8. the way in which the properties covered by the guarantee are to be examined  and the 
use of the mark is to be monitored.  
(4) Any amendment to the regulation s must be submitted to the Patent Office.  For the 
purposes of certification  mark protection, it shall take effect only  from the date  on which 
a reference to the change has been entered in the trademark register.  
(5) Anyone is free to inspect the regulations  filed with  the Patent Office . 
(6) In addition, the provisions of  this Federal Act apply accordingly to certification mark 
applications and certification marks, unless otherwise specified in this section.  In 
particular, serious use of the certification mark by a person authorized to do so in 
accordance with the trade ma rk regulation s shall be  deemed to be use within the 
meaning of section  33a.  
(7) Notwithstanding  (2) to (3) and (6), first sentence, the application for a certification 
mark or the application for an amendment of the regulation s in the trademark register 
shall be rejected if  
1. the regulation s are  contrary to  public policy  or morality, or     
 
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2. there is a risk that the public will be misled about the character or the meaning of the 
trade mark, especially if the trade  mark is liable to give  the impression that it is 
something other than a certification mark.  
Section  64. (1) In the case of registration of collective marks , the Patent Office shall 
enter  in the register and in the confirmation to be issued to the party the information 
prescribed in section  17 (1) and (2a), if applicable also the entries under  section  28a, with 
the following ad dition and amendment:  
1. under the registration number the word " collective  mark",  
2. a reference to the regulations  and their  date.  
(2) (1) shall apply mutatis mutandis to certification marks.  
Section  65. (1) Collective  trademarks may  only be transferred to associations within the 
meaning of section  62 (1) or (2).  The application for transfer must be accompanied by 
regulations in accordance with section  63. 
(2) Certification marks may  only be transferred to legal entities within the me aning of 
section  63a (2).  The application for transfer must be accompanied by regulation s in 
accordance with section  63a (3) and section  63a (7) applies accordingly to the application  
for transfer . 
Section  66. (1) Without prejudice to the provisions otherw ise applicable to the 
cancellation  of trademarks ( section  62 (3)), a collective  trademark shall  be cancelled , 
1. if an association within the meaning of section  62 (1) or (2) ceases to exist  as 
proprietor  of the collective  trademark,  
2. if the association does not take appropriate measures to prevent use of the mark 
contrary to the conditions of use in accordance with the regulations , 
3. if the collection  mark has been used by authorized persons in such a way that there is 
a risk of misleading the public  within the meaning of section  63 (5) (2). 
(2) In all other respects , section  33 shall also  appl y muatis mutandis  to any regulations 
recorded in the  register.  However, the collective  mark shall  not be cancelled  if the 
request for cancellation is based on the regulations and the association amends the 
regulations  in such a way that the reason for cancellation  no longer exists.  In such  
proceedings, section  117 of the Patent Act 1970 shall apply  mutatis mutandis.  
(3) Serious use of the collective  mark by a person entitled  to do so in accordance with 
the regulations  shall be deemed to be use within the meaning of section  33a.     
 
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Section  66a.  (1) Without prejudice to the provisions otherwise applicable to the 
cancellatio n of trademarks ( section  63a, (6)), a certification shall  be cancelled  upon 
request , 
1. if the proprietor  of the certification mark no longer fulfils  the requirements of section  
63a (2),  
2. if the proprietor  of the certification mark does not take appropriate measures to 
prevent use of the mark not in accordance with the regulations , 
3. if the certification mark has been used by authorized persons in such a way that there 
is a risk of misleading  the public wi thin the meaning of section  63a, (7)(2). 
(2) In all other respects , section  33 shall also appl y mutatis mutandis  to any regulatiuons 
recorded  in the register.  However, the certification mark will not be cance lled if the 
cancellation request is based on the  trademark regulations  and the proprietor  of the 
certification mark changes the regulations  in such a way that the reason for cancellation 
no longer exists.  In these proceedings, section  117 of the Patent Act 1970 shall apply  
mutatis mutandis.  
Section  67. (1) Unless otherwise provided for  in the regulations under section  63, a 
member authorized to use the collective  mark may  bring an action for infringement of 
the collective  mark only with the consent of the association.  
(2) The association may , on behalf o f the members entitled  to use the mark, claim  
compensation for unauthorized use of the collective  mark for damage suffered by the 
members.  
(3) (1) and (2) apply mutatis mutandis to certification marks.   
 
VII. CHAPTER  
Geographical indications and designations of origin according to Regulation (EU) 
No. 1151/2012 on quality regulations for agricultural products and food, OJ.  
No. L 343 of December 14, 2012, p. 1  
 
Section 68. (1) Applications for the registration of a designation as a geographical 
indication or designation of origin in accordance with Regulation (EU) No. 1151/2012, for 
amendment  of the specification or for cancellation  of a registered designation shall  be 
submitted to by  the Patent Office.  
(2) By ordinance  of the President of the Patent Office the form and content of such 
requests may be specified  in more detail and the place and manner  of publications to be    
 
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made i n the course  of the implementation of Regulation (EU) No. 1151/2012  may be 
determined . In doing so, the greatest possible expediency and simplicity and, in the case 
of electronic publications, particular attention shall be paid to the recognizability  of the 
date of pu blication and the procedural status, the necessary data security and the 
simple but permanent accessibility of the data during the existence of the Community 
protection.  
(3) If the application does not comply with  the prescribed  requirements, the applicant  
shall  be requested to remedy the deficiencies within a certain period that may  be 
extended upon request . Applications that have not been improved shall  be rejected by 
order . 
(4) Unless otherwise provided  in this section, the other provisions of this Feder al Act 
shall apply mutatis mutandis to the procedures under  this chapter . 
Section  68a.  (1) The Patent Office shall publish the proper request  in electronic form as 
well as a reference to this publication in the Patent Gazette.  A written opposition  to this 
request may  be lodged with the Patent Office within three months from  the date  of the 
electronic publication.  The reasoned  opposition  together with all enclosures must be 
received by the Patent Office no later than the last day of the time -limit . Restitutio in 
integrum due to failure to observe the time limit for opposition  or the time limit for 
appeal (7) shall not be granted.  
 (2) The admissible opposition  shall  be served on the applicant for filing a written 
statement within a reasonable period, which may  be extended for reasonable reasons.  If 
no timely written statement is made, this shall be  deemed to be a withdrawal of the 
request . 
(3) After a statement  has been made in due time , the competen t officer  shall  make the 
appropriate arrangements  for any necessary correspondence, for obtaining the 
evidence offered by the parties as well as for taking  evidence.  At the request of one of 
the parties, or if he considers  it necessary in an individual cas e to decide on the 
opposition , he shall ex officio  schedule a hearing, which he shall open and conduct . He 
shall ascertain  the identity of the persons  appearing, check their status  as parties  and 
any power of representation and to conduct the hearing  witho ut allowing  digressions or 
prolixities  in such a way that the parties ’ right to be heard  is safeguarded . As chairman 
of the hearing , he shall determine the order in which the parties are to be heard, the 
evidence is to be taken  and the results of evidence or investigations taken earlier are to 
be presented and discussed . He decides on motions  for evidence and has to reject 
obviously  irrelevant  motions . Furthermore , he shall have the power  to interrupt and 
adjourn the hearing as requ ired and to verbally determine the time for the continuation    
 
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of the hearing.  Minutes shall  be taken of the hearing . The examiner  shall  decide on the 
basis of a free assessment  of the available fact s and evidenc e.  
(4) The parties shall  bear the costs of th e opposition  proceedings themselves.  The Fee 
Claims Act - GebAG, shall  apply. 
(5) If the request  complies with the requirements of Regulation (EU) No. 1151/2012 and 
the national and Community provisions adopted  for its application, the Patent Office 
shall establish  this by decision , if necessary  with simultaneous rejection of an y 
opposition  raised , and shall publish this positive decision in electronic form.  Otherwise, 
unless (8) applies, the request shall be rejected by decision.  
(6) In the positive decision, a transition al period appropriate to the circumstances of the 
individual case may  be set under the conditions of Art. 15 (4) of Regulation (EU) No. 
1151/2012.  
(7) Any natura l or legal person with a legitimate interest and domicile or place of 
business  in Austria  may  appeal against the decision pursuant to (5) within two months 
of the electronic publication of the decision.  
(8) If, in the course of the examination of the groun ds for opposition  raised , it is found  
that the information  published  in the Single Document pursuant to  (1) needs  to be 
amended not  only slightly, the procedure specified above shall be repeated . 
Section  68b.  (1) Opposition s under  Art. 51 of Regulation (EU ) No. 1151/2012 shall  be 
filed with the Patent Office within two months from the date of the rel evant  publication 
in the Official Journal of the European Union in accordance with Art. 51 (1), 
Subparagraph 2 of this Regulation, and shall be substantiated within a subsequent 
period of two months  at the latest . There shall be no restitutio in integrum for failure to 
observe the time limit for opposition or the time limit for filing the statement of 
grounds.  
(2) Late Opposition s or oppositions not filed  in ac cordance with the prescribed form  
shall be deemed not to have been filed . 
(3) The competent authority for proceedings in accordance with Article 51 (3) of 
Regulation (EU) No. 1151/2012 shall be  the Patent Office.  
Section  68c. (1) To requests to amend  the s pecification pursuant  to Art. 53 (2) first 
sentence of Regulation (EU) No. 1151/2012, the procedure according to section  68 (3) 
and (4) as well as section  68a shall apply mutatis mutandis . 
(2) Applications for amendments  to the product specification may  only be submitted by 
the applicant  association named in the specification or its legal successor, provided it    
 
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fulfils  the requirements pursuant to  section  15 of the EU Quality Schemes  
Implementation Act - EU-QuaDG, Federal Law Gazette I No. 130/2015 . Otherwise, 
applications may  also be filed  by other associations within the meaning of Article 3 (2) of 
Regulation (EU) No. 1151/2012.  
(3) To requests  for cancellation  of a registered name under  Art. 54 (1) of Regulation (EU) 
No. 1151/2012, the procedure pursuant to section  68 (3) and (4) and section  68a (1) to 
(5), (7) and (8) shall apply mutatis mutandis . 
Section  68d.  In proceedings under this section, the Patent Office may  obtain opinions in 
particular  from federal ministries, regional and local authorit ies and business 
associations, organizations and business institutes . 
Section  68e.  If a legitimate interest is substantiated , the Patent Office shall  grant 
inspection of the  files in proceedings pursuant to section  68 to 68c and permit the 
making of  copies.  Section  50 (2) to (6) shall apply accordingly.  
Section  68f. (1) Anyone who , in the course of trade, carries out acts that infringe  Article 
12 (1) or Article 13 of Regulation (EU) No. 1151/2012 may  be sued  by those entitled  to 
use the protected geo graphical indication or designation of origin or by associations for 
the promotion of economic interests of entrepreneurs, insofar as these associations 
represent interests affected by the act, by the Federal Chamber of Labo ur, the Austrian 
Federal Chamber  of Commerce, the Presidential Conference of the Austrian Chambers 
of Agriculture or the Austrian Trade Union Federation  for injunction relief  and, to the 
extent that it has the right to dispose of the matter , also for removal of the situation  
which contra venes the said provisions . Section  52 (2) to (6) shall apply mutatis mutandis . 
(2) If one of the acts referred to  in (1) is culpably commit ted, the person entitled to use 
the protected geographical indication or designation of origin shall be entitled to claims 
in money  by analogous application of section  53 (2), (4) and (5). 
(3) The owner of a n enterprise may  be sued for injuncti ve relief under  (1) if one of the 
acts referred to  in (1) is committed or threatened to be committed in the operation of 
his enterprise by  an employee or agent.  He shall be  obliged to remedy the situation 
under  (1) if he is the owner of the objects or means of interferen ce. 
(4) If an employee or agent has c ommitted  one of the act s referred to  in (1) in the 
operation of an enterprise,  the owner of the enterprise may , without prejudice to any 
liability of such  persons, be held liable for  damages by analogous appl ication of section  
53 (2) and (4) and for an accounting if he was aware or ought to  have been aware of the 
infringement .    
 
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Section  68g.  (1) In relation to  claims for injunction , removal, damages and surrender of 
profit s under this A ct, interim  injunctions may  be granted  both to secure the claim itself 
and to secure evidence.  Section  56 (2) to (4) shall apply mutatis mutandis.  
(2) Apart from that , section  55a and section  119 (2) (exclusion of the public), section  149 
(publication of t he judgment), section  151 (accounting) and section  154 (Limitation) of 
the Patent Act 1970 shall apply mutatis mutandis to the civil infringement proceedings 
under this section.  
Section  68h.  (1) Anyone  who, in the course of trade  and without being justifie d by the 
existence of an derogation  recognized under Community law for the use of a protected 
geographical indication or designation of origin , uses  such indication or designation  
1. to identify products other than those mentioned  in the specification  to which it 
belongs  but which are comparable to  them or 
2. unlawfully appropriates, imitates or alludes to the protected name, even if the true 
origin of the product is indicated or if the protected name is used in translation or 
combined with expressions  such as "type", "type", "process", "style", " imitation" or the 
like or  
3. in such a way as to take advantage of  the reputation of this protected designation or  
4. in any other misleading manner in connection with the distribution  of goods or 
services or to identify his buisness , 
shall  be punished by the court with a fine not exceeding  360 daily rates.  Anyone who 
commits the offence  on a commercial basis shall be liable to a custodial sentence not 
exceeding  two years.  
(2) Anyone who sells  goods , designated in accordance with (1), puts them into circulation 
or imports, exports or possesses them  for the aforementioned purposes shall be 
punished in the same manner . 
(3) The owner or head of a n enterprise shall  be punished if he fails to  prevent an 
infringement under (1) or (2) committed in the operation of the enterprise by an 
employee or agent.  
(4) Where the proprietor  of the undertaking under  (3) is a company, coopera tive, 
association or other legal entity other than a physical person, ( 3) shall apply to the 
organs if they are guilty of such failure . 
(5) The criminal provisions referred to  in (1) and (2) shall  not apply to employees or 
agents who have performed  the act on behalf of their employer or client, provided that    
 
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they could not reasonable be  expected to refuse to perform  the act due to their 
economic dependenc e. 
Section  68i. (1) The offenses referred to  in section  68h shall  be prosecuted only at the 
request of a person entitled to use the protected geographical indication or designation 
of origin.  
(2) For the assertion of claims under  section  68f (2), the provisions of the 17th main part 
of the Criminal Procedure Code 1975 (StPO), Federal Law Gazette No. 631/1975 
shall . Both parties are entitled to appeal against the decision on the claim for 
compensation . 
(3) The provisions on disposal pursuant to section  68f (1) of this Federal Act as well as 
section  119 (2) (exclusion of the public) and section  149 (publication of the judgment) of 
the Patent Act 1970, Federal Law Gazette No. 259, shall apply mutatis mutandis in 
criminal proceedings.  
Section  68j. (1) The Commercial Court of Vienna shall have exclusive jurisdiction at first 
instance for actions under this section , irrespective of the amount in dispute . In such  
cases, the Commercial Court of Vienna shall also ha ve exclusive jurisdiction for interim 
injunc tions.  
(2) The Regional Court for Criminal Matters Vienna shall have j urisdiction in criminal 
matters under  this section.  
 
VIII. CHAPTER  
Union trademarks  
(Note: Section  69 repealed by Art. 1 Z 12, Federal Law Gazette I No. 124/2017)  
Section  69a.  (1) Where  the seniority of a trademark registered in the trademark register 
of the Patent Office or of a trademark protected in Austria due to international 
registration has been claimed for an Union  trademark applied for or registered pursuant 
to Art. 39 or 40 of Regulation (EU) 2017/1001 and where  the mark, which established the 
seniority,  has been deleted  due to surrender by the proprietor  or due to  failure to renew 
in due time, the invalidity of the mark may  be subsequently established  on the basis of 
the cancellation provisions of sections  30 to 34 and 66 and 66a, provided that the claim 
for invalidity or revocation  could have been enforced at the time of the surrender  or 
cancellation .    
 
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(2) Requests  under (1) shall be  directed against the registered  proprietor of the  Union 
trademark.  
Section  69b.  In respect of a request for conversion of an Union  trademark applied for or 
registered into a national application transmitted by the European Union Intellectual 
Prop erty Office, the applicant shall, upon request by the Patent Office and within a 
period of two months which may be extended on request  
1. pay the fees payable for a national application,  
2. submit the required representations of the trademark  and, if appli cable, the 
description,  
3. submit a German translation of the request  for conversion and the documents 
annexed thereto,  if the request for conversion or the documents annexed thereto  have 
not already been submitted in German, and  
4. unless he is represented by an authorized representative in accordance with section  
61, provide an address in the EEA or in the Swiss Confederation . 
Otherwise, the application  resulting from the  request fo r conversion shall  be rejected by 
decision . 
Section  69c. (1) The request shall be  treated as a national trademark application and  
shall  be examined  for legality ( section  20), except in  the case provided for in (2) . 
(2) If the request  for conversion concern s a trademark which has  already been 
registered as a n Union  trade mark, the trademark shall n ot be examined  for legality 
(section  20) and there shall  be no possibility of opposition  after registration ( section  
29a).  
Section  69d.  (1) The EU Trademark Court of First Instance within the meaning of Article 
123 (1) of Regulation (EU) 2017/1001 shall be  the Commercial Court  of Vienna , 
regardless of the amount in dispute.  In cases where  the Union Trademark Court has 
jurisdiction to hear  actions, i t shall also have  exclusive jurisdiction to grant interim 
injunctions.  
(2) The Regional Court for Criminal Matters Vienna shall have  jurisdiction in criminal 
matters relating to Union trademarks.  
Section  69e.  The Patent Office shall be competent  to grant  the enforcement order  
under  Art. 110 of Regulation (EU) 2017/1001.  
    
 
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IX. CHAPTER  
Trademarks under the Madrid Trademark Agreement and the Protocol relating to 
that A agreement  
Section  70. (1) A  request for conversion of an international registration shall  be 
designated as such and shall  contain the number of the international registration.  In 
addition, the following shall be submitted  within a period of two months, which may  be 
extended upon request  
1. a certificate from the International Bureau of the World Intellectual Property 
Organization, in the original or as a certified copy, showing the trademark and the goods 
or services to which the protection of the international registration  extended to the 
territory the Republic of Austria  up to the time of deletion in the international register, 
and 
2. a German translation of all documents, unless  they are in German . 
If the application does not comply with  the stated requirements, it shall  be rejected by 
decision.  
(2) The application is to be treated like a national trademark application and, with the 
exception of the case regulated in (3), is to be checked for legality (Section 20).  
(3) If the request  concerns an international registration for which at the ti me of deletion  
a declaration of grant of protection under  Rule 18th (1) or (2) of the Common  Regulations 
under  the Madrid Agreement on the International Registration of Trademarks and the 
Protocol relating to that Agreement, Federal Law Gazette III No. 109/1997,  has been 
transmitted  or the time limit  for refusing  protection under  Article 5 (2) of the Protocol 
has already expired without being used, the trademark shall  not be examined  for 
legality ( section  20) and there shall be  no possibility of opposition  after registration  has 
been effected  (section  29a).  
Section  70a.  (1) A request under  Rule 27bis of the Common Regulations under  the 
Madrid Agreement on the International Registration of Trademarks and the Protocol 
relating to that Agreement, Federal Law Gazette III No. 21/2017 for the forwarding of a 
request  for the division of an international registration with p rotection in Austria shall be  
designated as  such and shall  contain the number of the international registration as well 
as a list of the goods or services to be devided  according to the classes of the 
international registration concerned.  In all other resp ects, section  23a shall apply 
mutatis mutandis , subject to (2). 
(2) Before the opposition  period has expired ( section  29a (2)), a request  for forwarding a  
request for division of  an international registration shall  not be admissible. If the    
 
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application does not comply with  the requirements  mentioned above , it shall be 
rejected by decision . 
 
X. CHAPTER  
Prohibition of angle writing  
Section  71. (1) Anyone who, in the field of trademark protection , without being 
authorized to represent parties in  such matters  on a professional basis  in Austria , 
commercially  
1. prepares  written submissions  or documents for proceedings before domestic or 
foreign authorities,  
2. provides information,  
3. represents parties before domestic authorities or  
4. offers himself for one of the activities mentioned under item  1 to 3,  
shall be guilty of angle writing  and shall be punished by the district administrative 
authority with a fine of up to € 4,360.  
(2) The representation of a legal person by employees of another legal person 
economically connected with  it shall  not be deemed  to be unauthorized legal 
representation . With the exception of natural persons, other legal entities shall be  
treated  in the same  way as legal entities . 
(3) The special provisions on t he treatment of unauthorized legal representation in the 
ordinary courts remain unaffected.  
 
(Note: XI. CHAPTER  repealed by Federal Law Gazette I No. 149/2004)  
XII. CHAPTER  
Transitional provisions  
Section  73. The provision of section  4 (1) no 9 shall not be applied to trade marks 
applied for in good faith before 1 January 1996, neither in the examination as to legality 
(section  20) nor in the cancellation proceedings under section  33. 
Section 74: The five -year period referred to in Section 32  (2) shall begin to run with 
respect to claims existing at the time of the entry into force of the Federal Law Gazette I    
 
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No. 111/1999 against the proprietor of a trade mark registered before the entry into 
force of the Federal Law Gazette I No. 111/1999 upo n the entry into force of this Federal 
Law.  
Section  75. (1) To requests for the cancellation of a trademark in accordance with 
section  33 in conjunction with sections  1, 3, 4, 7, 60 or 66 , filed before the entry into 
force of the Federal Law , Federal Law G azette  I No. 111/1999, these provisions shall 
continue to apply in the version applicable  before the entry into f orce of the Federal Act, 
Federal Law Gazette I No. 111/1999.  
(2) If a  request for cancellation of a previously registered trade mark is filed u nder 
section 33 after the entry into force of the federal law referred to in (1), such application 
may no longer be based on section 33 in conjunction with sections 1, 3, 4, 7, 60 or 66 in 
the version applicable before the entry into force of the federal law referred to in (1), but 
only on section 33 in conjunction with sections 4, 7 or 66 in the version applicable after 
the entry into force of the federal law referred to in (1).  
Section  76. In respect of applications under section 33a, section 33a in the version 
applicable before the entry into force of the Federal Law Gazette I No. 111/1999 shall 
continue to apply for the assessment of the use of a trade mark made before 1 January 
1994.  
Section  77. (1) The provisions  of the III. Chapter  in the version valid before the entry into 
force of the Federal Law, Federal Law Gazette I No.  111/1999, shall continue to apply  to 
actions brought before the entry into force of the Federal Act, Federal Law Gazette I No. 
111/1999.  
(2) The five -year period referred to  in section 58 shall begin with regard to claims 
existing at the time of the entry  into force of the Federal Law Gazette I No. 111/1999 
against the proprietor  of a trademark registered before entry into force of the Federal 
Law Gazette I No. 111/1999 or against the user of a sign, the use of which commenced  
before th at date , with the entry into force of this federal law.  Any statute of limitations 
that may have already occurred shall remain unaffected by this provision.  
Section  77a.  (1) Section 35  (4) in the version applicable before the entry into force of the 
aforementione d Federal Act shall continue to apply to decisions of the authorised 
employees  taken before the entry into force of the Federal Law,  Federal Law Gazette I 
No. 149/2004.  
(2) For applications filed before the entry into force of the Federal Law Gazette I No.  
149/2004 and for requests  to be treated as applications and filed before the entry into 
force of the said Federal Law, section  18 (1) and section  63 (2) shall continue to apply in 
the version applicable before the entry into force of the said federal law. Section 18  (2)    
 
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and (3) and section 63  (2) in the version applicable before the entry into force of the said 
federal law shall apply to protection fees  and contributions to printing costs for which 
payment was requested before the entry into force of the s aid Federal Act.  
(3) For requests filed before the entry into force of  the Federal Law, Federal Law Gazette 
I No. 149/2004, section 18 (4), section 22 (3) and (4), section 24 (3), and section 28 (4), 
section 40 (1) and (2) first sentence, section 68 (2) and (5) and section 69b (2) No. 1 shall 
continue to apply in the version applicable before the entry into force of the said  federal 
law. To requests for  reinstatement filed  before the  entry into force of the said  federal  
law, section 132 (1) and (3) of the Patent Act 1970 and section 42 (1) last half -sentence 
shall continue to apply in the version applicable before the aforementioned federal law 
came into force . 
(4) For trademarks whose term of protection ends before the entry into force of th e 
Federal Law , Federal Law  Gazette I No. 149/2004, section s 19 (2) and (3) and section 63 
(2) shall continue to apply in the version applicable  before the entry into force of the 
said federal law.  This shall also appl y to trademarks whose term of protection ends after 
the entry into force of the said federal law, but for which the renewal fee has already 
been  duly paid before the entry into force of the said federal law . 
Section  77b.  (1) Opposition s may  only be filed  against trademarks whose publication 
(section 29a (1) or (2)) did not take place before July 1, 2010.  
(2) Section 36 in the version applicable  until December  31, 2009 shall continue to apply 
to appeals  pending before  the appeal  department until  January 1, 20 10. 
Section  77c. (1) Section  176b  of the Patent Act 1970 shall apply.  
(2) The end of an opposition  period under  section 68a (1) running  at the time of the 
entry into force of the  Federal Law, Federal Law Gazette I No. 126/2013  shall be  
determined in accordance with section 68a (1) in the version applicable before the entry 
into force of the said  federal law. 
(3) Sections 56a, 60a (2) and section 68j in the version of the Federal Act, Federal Law 
Gazette I No. 126/2013 shall apply to pro ceedings in which the action/lawsuit  or private 
prosecution  was brought after December 31, 2013.  
(4) Section 69c (2) and section 70 (3) in the version of the Federal Law, Federal Law 
Gazette I No. 126/2013 shall apply exclusively to  national trademarks  published after the 
entry into force  of this federal law  - insofar as they concern the exclusion of converted 
Union trademarks and converted international registrations from opposition.   
Section  77d.  (1) For trademarks registered before the entry into force o f section 19 in 
the version of Federal Law Gazette I No. 124/2017, section 19 in the version applicable    
 
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before that date shall continue to apply for the calculation of the next due date of the 
renewal fee, subject to (2) . 
(2) The amount of the renewal fee to be paid in accordance with (1) shall be  reduced by 
the percentage specified below if the subsequent period until  the next due date under 
section 19 in the version of Federal Law Gazette I No. 124/2017 is less than the 
following:  
1. if less than 9 years,  the renewal fee is reduced by 10%,  
2. if less than 8 years, the renewal fee is reduced by 20%,  
3. if less than 7 years, the renewal fee is reduced by 30%,  
4. if less than 6 years, the renewal fee is reduced by 40%,  
5. if less than 5 years, the renewal fee is reduced by 50%,  
6. if less than 4 years, the renewal fee is reduced by 60%,  
7. if less than 3 years, the renewal fee is reduced by 70%,  
8. if less than 2 years, the renewal fee is reduced by 80%,  
9. if less than 1 year, the renewal fee is re duced by 90%.  
Section  77e.  (1) Section 23 (2) in the version valid before the entry into force of Federal 
Law, Federal Law Gazette I No. 124/2017, shall continue to apply to applications 
according to section 23 (2) submitted before the  entry into force of  Federal Law, Federal 
Law Gazette I No. 124/2017.  
(2) Section 66 in the version valid before the entry into force of F ederal Law, Federal Law 
Gazette I No. 124/2017, shall continue to apply to requests for cancellation of 
trademarks  in accordance with secti on 66 submitted before the  entry into force of  
Federal Law, Federal Law Gazette I No. 124/2017.  
 (3) If a request  for cancellation  of a previously registered trademark according to 
section  66 is submitted  after the entry into force of Federal Law Gazette I  No. 124/2017 , 
this application may  no longer be based on section  66 in the version applicable before  
the e ntry into force of the said federal law, but only based on section  66 in the version 
applicable  after the entry into force of this federal law.  
Section  77f. (1) Requests  for cancellation of a trade mark filed before the entry into 
force of Federal Law Gazette I No. 91/2018 under sections 30 to 32 and 33 in conjunction 
with sections 1 or 4 and under sections 33a to 34 shall continue to be governed by these 
provisions in the version applicable before the entry into force of Federal Law Gazette I 
No. 91/2018. Sections 34a and 39 as amended by Federal Law Gazette I No. 91/2018 
shall not apply to requests  for cancellation of a trademark filed before the  entry into    
 
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force of Federal Law Gazette I No. 91/2018, instead,  section 39 shall continue to apply in 
the version applicable before the entry into force of Federal Law Gazette I No. 91/2018.  
(2) If a  request  for the cancellation  of a previously registered  trademark according to 
section  33 is submitted  after the entry into force of the federal law referred to  in (1), 
such request may  only be based on section  33 in conjunction with sections  1 or 4 in the 
version applicable after the entry into force of the f ederal law referred to in (1) . 
(3) In the case of trademark registrations published before July 1, 2010 within the 
meaning of Section 77b (1), the beginning  of the period under section 33a (1a) and (1b)  
shall be  three months after the publication of the tr ademark registration , 
notwithstanding the fact  that no opposition  was possible . 
 (4) The provisions of Chapter III. in the version applicable before the entry into force of  
Federal Law, Federal Law Gazette I No. 91/2018 shall continue to apply to actions and 
requests filed before the entry into force of Federal Law , Federal Law  Gazette I No.  
91/2018.  
XIII. CHAPTER  
Final provisions  
Section  78. The personal terms used in this Federal A ct refer to women and men in the 
same way.  
Section  79.  Where reference is made in this Act to provisions of other federal laws, 
these shall be applied in their currently applicable version, unless otherwise specified.  
Section  79a.  The terms “Community tra demark” and “Community trademark court” 
contained in this Federal Act shall be  replaced by the terms “Union Trademark” and 
“Union Trademark Court”, the term “Office for Harmonization in the Internal Market 
(trademarks, designs and models)” by the term “Off ice of the European Union for 
Intellectual Property”  in the respective grammatically correct form.  
Section  80. The following are entrusted with the enforcement  of this Federal Act: 
1. with regard to sections 10, 10a, 10b, 12, 14, 23, 37, 38, 40 to 43 and 5 7, the Federal 
Minister for Transport, Innovation and Technology and the Federal Minister for Justice,  
2. with regard to section 6 (2), the Federal Minister for Transport, Innovation and 
Technology in agreement with the Federal Minister for Foreign Affairs , 
3. with regard to Sections 13, 51 to 56a, 58 to 60b, 67, 68f to 68j and 69d, the Federal 
Minister for Constitution, Reforms, Deregulation and Justice,     
 
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4. with regard to all other provisions of the Federal Minister for Transport, Innovation 
and Technology.  
Section  81. (1) Section 18 (1), (2) and (4), section 40 (1), sections 42, 61, 69 (1), section 70 
and the heading of Chapter IX. in the version of the Federal Law Gazette No. 418/1992 
enter  into force at the beginning of the fourth month followi ng the announcement of 
the Federal Law Gazette No. 418/1992.  
(2) Section 4 (1) (2), sections 9, 10a, 16 (2), section 17 (4), section s 18 (Note: correct: section 
18 (1))  , 22 (3), section s 26 (Note: correct: section 26 (1))  , 28 (2), sections 30, 30a, 31 (3 ), 
sections 32, 33, 33a (3) and (6), sections 33b, 33c, 37, 42  (note: correct: section  42 (1)) , 60 
(1), section  62 (3), sections  70 (note: correct: section  70 (1)) , 71 and 72 (1) in the version of 
the Federal Law , Federal Law Gazette No. 773/1992 shall entry  into force simultaneously 
with th e Agreement on the European Economic Area.  
(3) Section 2 (3), section 4  (1) item 9, Section 17 (2) item 1, section 24 (1) and Chapter  VIII, 
with the exception of section 69d in the version of the Federal Law, Federal Law Gazette 
I No. 111/1999 shall come into effect retrospectively on January 1, 1996.  
(4) Section 17  (2), item 2, Section 18  (4) and Chapter  IX. in the version of the Federal Law 
Gazette I No. 111/1999 shall enter  into force with the entry into force of the Protocol  
relating  to the Madrid Agreement concerning the International Registration of  Marks for 
the Republic of Austria, Federal Law Gaze tte III No. 32/1999.  
 (5) Section 6 (3), section 18 (1), (2) and (4), section 19 (2), section 28 (4), section 40 (1), 
sections 60c, 68 (2), section 71 ( 1) and section 72 (1) in the version of the Federal Law, 
Federal Law Gazette I No. 143/2001, shall enter  into force on January 1, 2002.  
(6) Section 19, section 20 (2), section 24 (3), section 27 (3), section 28 (4) and (5), section 
35 (4), section 38 (2), section 39 (1), section 41 (4), section 42 (1) and (2), section 54 (2) 
and (3), sections 55a, 63, 65, th e heading of Chapter  VII, sections 68, 68c, 68f (4), and 
section 68g (2), section 69b (2) item 1, sections 77a and 80 Item 4 in the version of the 
Federal Law, Federal Law Gazette I No. 149/2004, shall enter  into force at the beginning 
of the seventh month  following the announcement of the aforementioned federal 
law. At the same time, sections  18, 22 (3) and (4), section  28 (4), sections  40, Chapter  
XI. and section 80 item  4 in the previously applicable version shall no longer apply.  
(7) Section 39 (2) in the version of the Federal Law, Federal Law Gazette I No. 149/2004, 
shall enter  into force at the beginning of the day following the publication of the 
aforementioned federal law. 
(8) Section 60 (4) and Section 68h (4) in the version of the Federal Law, Federal Law 
Gazette No. 151/2005, shall en ter into force on January 1, 2006.     
 
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Section  81a.  (1) Section 24 (4) in the version of the Federal Law, Federal Law Gazette I 
No. 131/2005 shall enter  into force on January 1, 2006.  
(2) Sections 5 5a, 56, 59 (2), section 68g (1), sections 69b and 83 in the version of the 
Federal Law, Federal Law Gazette I No. 96/2006, shall enter  into effect at the beginning 
of the day following the announcement of the aforementioned federal law. 
(3) Section 61 (4), the heading of Chapter  VII, section 68 (1) and (2),  sections 68a to 68d, 
section 68f (1) and section 80 in the version of the  Federal Law , Federal Law Gazette I 
No. 81/2007 shall enter into force at the beginning of the day following th e 
announcement of the aforementioned federal law.  
(4) Sections 22, 36 and 77b (2) in the version of the Federal Law, Federal Law Gazette I 
No. 126/2009, shall enter  into force on January 1, 2010.  At the same time, section 20 (2) 
last sentence shall cease t o apply.  
(5) Section 29 (1), sections 29a to 29c, 41 (2) and (3), section 42 (1) and section 77b (1) in 
the version of the Federal Law , Federal Law  Gazette I No. 126/2009 shall enter into force  
on July 1, 2010.  
(6) Section  2 (3), section  17 (2) item 1 , section 20 (3), section  24 (4), section  29a (4), 
section  29b (1), section  35 (1), (5) and (6) , sections 36 to 43 including headings, sections 
56a, 60a (2) and (3), section 61 (1), (4) and (5), the heading of Chapter  VII, sections 68 to 
68c, section 68f (1), section 68i (2), section  68j, sections  69, 69a (1), section  69b item 4, 
section  69c (2), section  69d (1), section  70 (3), sections  77c and 80 item 1 and 3 in the 
version of the Patent and Trademark Law Amendment 2014, Fe deral Law Gazette I No. 
126/2013, shall enter into force on January 1, 2014.  
(7) Sections 68d and 68c in the version of the Federal Law, Federal Law Gazette I No. 
130/2015 shall enter  into force on January 1, 2016.  
Section  81b.  (1) Section 21 (1) and section 22 in the version of the  Federal Law, Federal 
Law Gazette I No. 71/2016 shall enter into force at the beginning of the tenth month 
following the announcement of the aforementioned federal law.  
(2) Section 28 in the version of  the Federal Law, Federal Law Gazette I No. 124/2017, 
shall enter  into force at the beginning of the day following the announcement of the 
aforementioned Federal Law.  
(3) Section 17 (2a) and (4), sections 21, 23, 23a, the heading of Chapter VI., sections 63 to 
67, 77e, 79a and 83 in the version of the Federal Law, Feder al Law Gazette I No. 
124/2017, shall enter  into force at the beginning of the month following the publication 
of the aforementioned federal law. At the same time, sections  21a and 69 in the 
previous version shall cease to apply.     
 
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(4) Sections 19 and 77d in the version of the Federal Law, Federal Law Gazette I No. 
124/2017, shall enter into force at the beginning of the thirteenth month following the 
publication of the aforementioned federal law. 
(5) Section 19a in the version of the Federal Law, Federal Law Gazette I No. 124/2017, 
shall enter  into force at the beginning of the seventh month following the 
announcement of the aforementioned federal law. 
(6) The heading of the Chapter IX. and section 70a in the version of the Federal Law, 
Federal Law Gazette I N o. 124/2017, shall enter into force on February 1, 2019.  
(7) Section 50 (6) and section 68e in the version of the 2nd Data Protection Adjustment 
Act, Federal Law Gazette I No. 37/2018, shall enter into force on May 25, 2018.  
Section  81c. Sections 1, 2 (3), section 4  (1), item 1, lit.  c, section 4 (1) items 6, 9 to 12,  
section 10 (2) to (3), sections 10a, 13,14 (3)  to (5), section 16 (2) to (4), section 17 (1) item 
1, section 17 (2) item 1, section 17 (3) and (4), section 28 (1), section s 28a, 29a (1) and 
(1a), section 29b (3) to (3a) and (6), section 29c (3), sections 30, 30a, 32a to 32c, 33 (2), 
sections 33a, 33b, 33c, 34, 34a, 39 including the heading, section 51 (2), section 56 (1), 
sections 56b, 58, 61 (1) first sentence, section 61 (4), section 6 4 (1), sections 69a, 69b, 
69d (1) 1 first sentence, sections 69e, 77f, 80 item  3 and 4, as well as section 83 (3) in the 
version of the Federal Law Gazette I No. 91/2018 shall enter  into force on January 14, 
2019.  At the same time, section  31 (3), section  32 (3), section  33a (6), section  33b (2), 
section  33c (2), section  34 (2) and section  80 item 4  in the previously applicable version 
shall cease to apply.  
Section 82.  Ordinances on the basis of this federal law in its current version may already 
be issued from the day following the announcement of the federal law to be 
implemented;  however, they may not enter  into force before the statutory provisions to 
be implemented . 
Section  83. (1) This Federal Act adapts  the Trademark Protection Act to Directive 
2004/48/EC of the European Parliament and of the Council on the enforcement of 
intellectual property rights, OJ No. L 157 of 30.4.2004, page 45.  
(2) The Federal Act, Federa l Law Gazette I No. 124/2017  adapts the Trademark 
Protection Act in section 17 (2a), sections 19, 19a, 23a, 63 to 67, 77d and 81b (3 ) to (6) to 
Directive 2015/2436/EU of the European Parliament and of the Council to approximat e 
the laws of the Member States relating to trademarks, OJ No. L 336 , 23.12.  2015, page 1 . 
(3) The Federal Act referred to in (2) and the Federal  Law,Federal Law Gazette I No. 
91/2018  adapt the Trademark Protection Act to Directive 2015/2436/EU to approximate     
 
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the laws of the Member States relating to trademarks, OJ No. L 336 of 23.12.2015  page 
1. 
Article II  
(Note: from Federal Law Gazette No. 350/1977, on sections  11, 33a, 34, 55, Federal Law 
Gazette No. 260/1970)  
(1) This Federal Act comes into force at the be ginning of the month following its 
publication, unless otherwise stated in (2). 
(2) Trademarks that are registered at the time this federal law comes into force can be 
contested for non -use at the earliest five years after the entry into force.  
(3) From th e entry into force, the fact that a trademark has not been transferred, 
although it has been rewritten in the trademark register, can no longer be asserted with 
reference to section 11 (1) of the Trademark Protection Act 1970, Federal Law Gazette 
No. 260.  
Article III  
(Note: from Federal Law Gazette No. 350/1977, on sections  18 (3), (22), (28) and (63), Federal 
Law Gazette No. 260/1970)  
The fee provisions of this federal law apply to all payments that are made after the entry 
into force or are intended for a pplications that are submitted after the entry into force.  
Article IV 
(Note: from Federal Law Gazette No. 653/1987, on sections  18 (1),(2) and (4) and sections  40 
(1) and section 70 (1), Federal Law Gazette No. 260/1970)  
(1) The provisions made in this Federal Act on the extent of the fees apply in accordance 
with (2) and (3) to all payments that are made after the entry into force of this Federal 
Act or before the entry into force of this Federal Act, but are intended for  applications 
which will be handed over after this federal law has come into force.  
(2) The first annual fee and the annual fee for additional patents are to be paid in the 
amount specified in the respective resolutions pursuant to section  101 (1) of the P atent 
Act 1970.  
(3) Deferred fees are to be paid to the extent that was in effect at the time the deferral 
was granted.