Two Years Of Trademark Opposition

More than two years after the introduction of trademark opposition procedures in Austria, uncertainties remain about various aspects to be considered by trade mark owners. Finding the right strategy on how to challenge younger trade marks is important.

Since 1 July 2010, trademark owners (national Austrian trade marks, Community Trademarks or International Registrations designating Austria or the EU) have the possibility to oppose new Austrian trade mark registrations within three months from their publication.

Limitations

But limitations apply. For example, oppositions must be based on earlier registered trademarks or earlier trademark applications. Therefore, an opposition may not be based on earlier unregistered trademarks, company names, copyright or well-known trademarks under Article 6bis Paris Convention. Nor may oppositions be based on "bad faith filing", filing of an "agent's mark" or on absolute grounds (such as lack of distinctiveness).