We, therefore, review the search result for you and, in our report, emphasise those marks that could indeed constitute a bar, in particular also with a view to later use of the mark. We have made it our practice to enclose copies of the publications of particularly relevant marks to our report. On the basis of the result of the official search the applicant can either withdraw his application or restrict the specification of goods and services or else start negotiations with the owners of older registrations. Thanks to such negotiations, which we will be pleased to conduct for you, we frequently have success in avoiding later controversies, such as cancellation and infringement proceedings. If, upon obtaining knowledge of the result of the official similarity examination, the application is further prosecuted, registration fees have to be paid.
Registration always takes place for a renewable period of ten years.
The period of protection of the mark starts with its registration. The registered mark is published in the Austrian Trade and Service Marks Gazette. So far, there is no opposition proceedings in Austria, neither before nor after registration. If the owner of an older registration considers himself disturbed by a younger mark, he can, however, file an action for cancellation with the Nullity Department of the Austrian Patent Office, and, if the younger mark is in use, he may also file an action for infringement. Accordingly, it is of particular importance that the applicant is aware of the risk of a later action and that he takes the necessary decisions beforehand.