Insights · Trademarks
Registering a National Trade Mark in Austria
Austria is a member of the European Union, so before you file anything nationally it is worth being clear about one thing: an EU trade mark (EUTM) filed at the EUIPO already covers Austria automatically, alongside all other 26 member states. A separate national filing at the Austrian Patent Office (Österreichisches Patentamt) is therefore never a prerequisite for protection in Austria — it is a deliberate strategic choice.
That choice still makes good sense in several situations: when you only need protection in Austria and want to keep costs low (EUR 294 online for up to three classes versus EUR 850 for an EUTM), when you need a registration fast (the Austrian Fast-Track can register a straightforward mark in roughly ten business days), or when you want a national mark as a seniority anchor and fallback behind a later EUTM. This guide walks through the fees, the filing route, the examination scope and the maintenance rules — all grounded in the Patent Office's own published figures.
What this registration gives you
A national Austrian registration protects your mark in the Republic of Austria only. It does not extend automatically to any neighbouring state. In particular, note a common myth: Austria has no national extension to Liechtenstein — that historic bilateral arrangement belongs to Switzerland, not Austria.
Because Austria sits inside the EU single market, you effectively have two overlapping options for the same territory: the national AT route (Austria alone) or the EUTM route at EUIPO (all EU member states at once, Austria included). If your commercial footprint is, or will become, multi-country within the EU, the EUTM is usually the more efficient instrument; if Austria is genuinely your only market of interest, the national filing is cheaper and can be faster.
What it costs in 2026
| Basic application fee — online (individual mark, up to 3 classes) | EUR 294.00 (incl. EUR 44.00 Schriftengebühr/document fee) |
| Basic application fee — paper filing (up to 3 classes) | EUR 314.00 (incl. EUR 44.00 Schriftengebühr) |
| Per-class surcharge (from the 4th class onwards) | EUR 75.00 per class |
| Collective / guarantee mark application | EUR 474.00 |
| Opposition (Widerspruch) fee | EUR 230.00 |
| Renewal per 10-year period (up to 3 classes) | EUR 270.00 + EUR 75.00 per class from the 4th |
The EUR 294 online basic fee already bundles in the EUR 44.00 document/stamp fee (Schriftengebühr) and covers up to three goods/services classes; only from the fourth class does the EUR 75.00 per-class surcharge begin. Filing on paper raises the basic fee to EUR 314.00. These are the current amounts published on the Patent Office's Anmeldegebühren page; the precise "Stand 01.04.2026" effective date was not independently re-confirmed, but the figures themselves are current.
The headline trade-off is EUR 294 (national AT, Austria only) versus EUR 850 (EUTM online, one class, all of the EU). If Austria is your sole market, the national route saves well over EUR 500 at filing. If you expect to sell across several EU countries, the EUTM's single fee covering 27 territories is normally far better value than stacking up national filings.
Austria also offers modest cost cushions: EUR 70 is automatically refunded if the application does not proceed to registration, and EUR 105 is refunded if you withdraw before a defect notice is issued. SME funding (for example via the WKO) may be available to offset filing costs — worth checking before you pay.
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Request a quote → Book a consultation →What the Austrian Patent Office actually examines
The single most important thing to understand about Austrian examination is its narrow scope. The Patent Office checks absolute grounds only — it does not examine relative grounds. In its own words, the office "prüft im Anmeldeverfahren nicht, ob bereits identische oder verwechslungsfähige ältere Marken bestehen" (it does not check during the application procedure whether identical or confusingly similar earlier marks already exist).
The practical consequences are significant:
- The office will not block your mark over an earlier conflicting mark. Examination focuses on whether the sign is registrable in itself — descriptiveness, lack of distinctiveness, deceptiveness, and similar absolute objections.
- Policing earlier rights is left to the right holders. Owners of older marks must act themselves, after your mark is registered, through opposition (Widerspruch) or cancellation proceedings.
- You must do your own clearance search. Because the office will not warn you, a prior-rights search before filing is essential to avoid registering into a conflict. Status and register searches are available via see-ip.patentamt.at.
This absolute-grounds-only model is why opposition in Austria is a post-registration mechanism rather than a pre-registration one.
The process, step by step
- Run a clearance search for identical and confusingly similar earlier marks (via see-ip.patentamt.at and EUTM/IR databases) — the office will not do this for you.
- Define your sign and draft a precise goods/services list, ideally using harmonised TMClass terms (required to qualify for Fast-Track).
- File online through the Austrian Patent Office Online-Anmeldung on patentamt.at; choose Fast-Track if you want the accelerated ~10-business-day route for word, figurative or word-figurative marks.
- Pay the EUR 294 online basic fee (up to 3 classes; + EUR 75 per class from the 4th). Fast-Track requires immediate payment and excludes paper filings and collective marks.
- Examination on absolute grounds only; respond to any defect notice (Verbesserungsauftrag) if the office raises an objection.
- Registration and publication in the Austrian Trademark Gazette (Markenanzeiger), which starts the 3-month opposition window for third parties.
- Monitor for any opposition (Widerspruch); if filed within 3 months of publication, defend your registration.
- Diarise the 10-year renewal date and pay the renewal fee in good time to keep the mark alive.
Avoid this
The trap: assuming the office clears your mark for you
Because Austria examines absolute grounds only, a granted registration is not a clean bill of health against earlier marks. The office expressly does not check for prior identical or confusingly similar marks, so your registration can be perfectly valid on absolute grounds yet still be vulnerable to a Widerspruch (opposition) filed within 3 months of publication in the Markenanzeiger — or to a later cancellation action. Skipping your own clearance search is the classic, avoidable mistake.
A second trap is double-paying for the same territory. If you already hold (or plan to file) an EUTM, that mark already covers Austria — a parallel national AT filing may be redundant unless you specifically want speed, the lower Austria-only cost, or a seniority/fallback anchor. And do not assume an Austrian mark reaches Liechtenstein: it does not.
Keeping your Austrian mark in force
A national Austrian trade mark runs for 10 years and can be renewed indefinitely for further 10-year periods. The German Marke national page states the term runs "ab dem Anmeldetag" (from the filing date); note that the office's English renewal page describes the term as running from the registration date — a DE/EN wording inconsistency in the office's own material. The primary German source supports the filing-date start.
Renewal is refreshingly simple: there is no separate renewal application — timely payment of the renewal fee suffices. The fee is EUR 270.00 per 10-year period for an individual mark (covering up to 3 classes), plus EUR 75.00 per class from the 4th class. You may pay from up to one year before expiry through to a 6-month grace period after expiry; paying during that grace period (i.e. after expiry) adds a 20% surcharge on the renewal fee. Miss the grace period and the mark lapses.
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Questions, answered
Do I need a national Austrian trade mark if I already have an EU trade mark?
No. Austria is an EU member state, so an EU trade mark (EUTM) filed at the EUIPO already covers Austria automatically. A national Austrian filing only makes sense if you want Austria-only protection at a lower cost (EUR 294 vs EUR 850), need a faster registration via Fast-Track, or want a national seniority anchor and fallback behind an EUTM.
How much does it cost to register a trade mark in Austria?
The online basic fee is EUR 294.00 for an individual mark covering up to 3 classes — this already includes the EUR 44.00 document fee (Schriftengebühr). Paper filing is EUR 314.00. From the 4th class onwards there is a EUR 75.00 surcharge per class. Collective or guarantee marks cost EUR 474.00.
Does the Austrian Patent Office check for earlier conflicting marks?
No. The office examines absolute grounds only and expressly does not check whether identical or confusingly similar earlier marks already exist. Enforcing earlier rights is left to the owners of those rights through post-registration opposition (Widerspruch) or cancellation. You should run your own clearance search before filing.
How long is the opposition period and what does it cost?
Opposition (Widerspruch) must be filed within 3 months of publication of the registered mark in the Austrian Trademark Gazette (Markenanzeiger). For international (IR) marks, the 3 months run from publication in the WIPO Gazette, starting the first day of the month following publication. The opposition fee is EUR 230.00. Opposition in Austria is a post-registration mechanism.
How fast can I get an Austrian trade mark registered?
Austria offers a Fast-Track option that can register a straightforward mark in roughly 10 business days. It is available for word, figurative and word-figurative marks that use harmonised TMClass terms, requires online filing and immediate fee payment, and excludes paper filings and collective marks.
How long does an Austrian trade mark last and how do I renew it?
The term is 10 years, renewable indefinitely for further 10-year periods. No separate renewal application is needed — timely payment of EUR 270.00 (up to 3 classes, plus EUR 75.00 per class from the 4th) keeps the mark alive. You can pay from up to a year before expiry until a 6-month grace period after expiry; paying after expiry within that grace period adds a 20% surcharge.
Sources
Where this comes from
- Austrian Patent Office — Anmelde- & Veröffentlichungsgebühren (filing fees: EUR 294 online incl. EUR 44 Schriftengebühr, up to 3 classes, EUR 75 from 4th class)
- Austrian Patent Office — Marke national (term 10 years ab Anmeldetag; absolute-grounds-only examination; Fast-Track)
- Austrian Patent Office — Widerspruch (opposition: 3 months from publication, IR from 1st of following month, fee EUR 230)
- Austrian Patent Office — Marke Verlängerung / Trademark Renewal (EUR 270 + EUR 75/class from 4th, 6-month grace, 20% surcharge)
Research date: June 2026. Official fees and procedures change periodically — confirm current figures on the relevant office’s website before you file. This is general information, not legal advice. Company and brand names are used for editorial reference only and imply no affiliation with Rabbit-Marketing OÜ.
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