Best Trademark Lawyers in Austria

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

Dr. Stefan Nenning
Steyr, Austria

Founded in 2006
5 people in their team
English
Nenning & Tockner Rechtsanwälte, based in Steyr, Upper Austria, delivers integrated legal counsel for businesses and individuals. Led by Dr. Stefan Nenning and Mag. Jorg Tockner, the firm focuses on corporate and commercial law, legal business consulting, intellectual property, environmental and...

English
SWS Scheed Wöss Rechtsanwälte OG positions itself as a modern business and real estate law firm, operating across locations in Linz, Neufelden, and Perg. The firm’s work centers on business law and property-related matters, with a focus on practical legal solutions tailored to day-to-day...

1 person in their team
English
Dr. Isabella Hödl, LL.M. is an attorney-at-law admitted in Austria and in New York, with a specialized practice in intellectual property law including trademarks, designs, copyright, unfair competition, and internet- and software law. She also drafts contracts in these areas and supports related...

Founded in 2011
English
ANWALTGMBH Rinner Teuchtmann operates as a modern Linz law firm that serves businesses and private clients with a digital first approach. The practice emphasizes fast, efficient, and secure legal service through fully digitized workflows, consolidated matter management, and encrypted document...
Anwalt Beck
Graz, Austria

Founded in 1994
English
Anwalt Beck is a Graz-based Austrian law firm led by Rechtsanwalt Rainer Beck and supported by a team that includes legal staff, secretariat, and interns. The firm positions itself as a dispute and advisory practice across multiple legal fields, with an emphasis on practical, outcome-focused...

1 person in their team
English
Wolfgang Stenzel - Lawyer is a Graz-based legal practice specializing in commercial and digital law with a strong emphasis on startups, data protection and technology-driven matters. The practice combines transactional support for new and growing companies with regulatory and compliance work...

Founded in 2010
11 people in their team
English
The Innsbruck based law firm Knoflach - Kroker - Tonini & Partner, known since February 2026 as Kroker Tonini Höss Rechtsanwälte, provides targeted legal advice to private individuals and business clients across Tyrol and Austria. Founded in 2010, the firm focuses on corporate and commercial...
HEGH Rechtsanwälte
Linz, Austria

9 people in their team
English
HEGH Rechtsanwälte is recognized as one of Austria's leading law firms in real estate law, employment law and aviation law, with sophisticated advisory and representation for corporate clients and private individuals in complex matters. The practice draws on deep knowledge of Austrian real estate...
KLS

KLS

Innsbruck, Austria

2 people in their team
English
Based in Innsbruck, Kantner - Seeger Rechtsanwälte in Regiepartnerschaft operates as a dedicated two-attorney law firm at Maximilianstraße 2, Innsbruck, Austria. The partnership comprises Mag. Manfred Kantner, admitted in 2004, and Mag. Roland Seeger, admitted in 2006, who together offer focused...
HBA Lawyers
Graz, Austria

Founded in 1989
200 people in their team
German
English
We support companies, private individuals and the public sector in all legal matters. Long-term and ad hoc.Strategic and operational.We want to provide you with outstanding legal quality and we want you to measure us against this. We only pursue economically viable solutions: consistently and with...
AS SEEN ON

About Trademark Law in Austria

Trademark law in Austria is governed by the Austrian Trademark Protection Act (Markenschutzgesetz). This law provides the framework for the registration, protection, and enforcement of trademarks within Austria. A trademark is any symbol, word, or logo that identifies and distinguishes the source of goods or services. By registering a trademark, businesses can protect their brand identity and legal rights against unauthorized use.

Why You May Need a Lawyer

There are numerous scenarios where individuals or businesses might need legal assistance regarding trademarks:

  • Trademark Registration: Navigating the trademark registration process can be complex, including understanding classification and ensuring the uniqueness of your trademark.
  • Trademark Infringement: If someone uses your trademark without permission, a lawyer can help enforce your rights and seek remedies.
  • Opposition and Cancellation Proceedings: Legal advice may be necessary to oppose a competitor's trademark application or defend against cancellation proceedings.
  • Licensing and Assignments: Legal guidance can assist in drafting or reviewing agreements involving the transfer or licensing of trademark rights.
  • Global Protection Strategies: Expanding rights internationally often requires coordinating with local and global trademark laws.

Local Laws Overview

Austrian trademark law is largely harmonized with European Union legislation. Key aspects include:

  • Absolute and Relative Grounds for Refusal: A trademark will be refused registration for lack of distinctiveness or due to conflict with earlier rights.
  • Duration of Protection: Trademark registration is valid for ten years and can be renewed indefinitely.
  • Use Requirements: Trademarks must be used in commerce to maintain protection; otherwise, they may be subject to cancellation for non-use.
  • Trademark Rights: The owner of a registered trademark has exclusive rights to use the trademark and to prevent its unauthorized use by others.
  • Trademark Infringement: Enforcement measures can be taken, including cease-and-desist orders, provisional measures, and damages claims.

Frequently Asked Questions

What is the procedure for registering a trademark in Austria?

The process involves submitting an application to the Austrian Patent Office, which examines the application for compliance with legal requirements. It includes a publication period for potential oppositions before registration.

Can I register a trademark that is descriptive in nature?

Descriptive trademarks may face challenges, as they must be distinctive. Generally, trademarks that merely describe characteristics or qualities of the goods/services may not be registrable.

How long does it take to register a trademark in Austria?

Trademark registration typically takes several months, depending on the complexity of the application and if any oppositions arise during the publication period.

What happens if I don't use my registered trademark?

Failure to use a registered trademark in Austria for a continuous period of five years may result in cancellation for non-use unless valid reasons for the non-use exist.

What constitutes trademark infringement in Austria?

Trademark infringement occurs when an unauthorized party uses a sign that is identical or confusingly similar to a registered trademark in a commercial context, risking consumer confusion.

Can I oppose a trademark application?

Yes, after a trademark is published, third parties have a specific period within which to file an opposition based on prior conflicting rights or other valid grounds.

Are there international treaties related to trademark protection applicable in Austria?

Austria is a member of the Madrid System, allowing for international registration of trademarks, and adheres to treaties such as the Paris Convention and the TRIPS Agreement.

Can a trademark be revoked or canceled?

Yes. A trademark can be revoked for non-use, or canceled if it's proven the registration was obtained in bad faith or if it ceases to comply with legal requirements.

What is the difference between a trademark and a company name?

A trademark is used to identify goods or services, while a company name identifies a business entity. Both can be registered separately and provide different kinds of protection.

Can I license my trademark to another company?

Yes, trademark owners can license their trademarks to other parties with specific terms and conditions outlined in a licensing agreement.

Additional Resources

For additional support, individuals can access resources through:

  • Austrian Patent Office: Provides information on trademark registration and procedures.
  • World Intellectual Property Organization (WIPO): Offers resources and guides on international trademark protection.
  • European Union Intellectual Property Office (EUIPO): Manages trademarks across the EU and provides a variety of services.
  • Legal Aid Associations: Offer guidance and sometimes financial assistance for trademark issues.

Next Steps

If you require legal assistance in trademark matters, consider the following steps:

  • Consult with a Trademark Attorney: Seek specialists who are experienced in Austrian trademark law for tailored advice.
  • Prepare Documentation: Gather relevant documents like previous registrations, correspondence, and contracts, which can be useful during consultations.
  • Utilize Free Resources: Start with available resources to familiarize yourself with the basics before seeking expert advice.
  • Evaluate Legal Options: Assess whether it’s best to pursue registration, infringement proceedings, or other legal resolutions based on expert recommendations.

Lawzana helps you find the best lawyers and law firms in Austria through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trademark, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Austria — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.