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Design Registration Austria

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Here you may order a design registration in Austria. Our price includes official application and registration fees.
Protection Period (years) 5
max period of protection maximum (years) 25
Power of Attorney must be legalised/apostilled/notarized No
legal advice by phone or email Yes
miscellaneous N/A
Annuities N/A
Price includes trademark office fees Yes
payment options
$550.00  incl. official fees
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$550.00  incl. official fees
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Details Design Registration Austria

Here you can mandate us to protect your design in Austria. We will file a design patent application for you. Our offer includes the official fees for an application without an opposition or office action. Please find more information below.

The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a best seller.

A registered design in Austria gives you the exclusive right to use the design in Austria. To obtain this right, the entry in an official register in Austria is required. With the entry in the official design registry, you will receive the appropriate intellectual property rights for the shape and the design of your product. It protects the shape and colors of the product as shown in the register - from cars to lemon squeezer. The protection covers the design of three-dimensional objects - for example, furniture, cars and toys - as well as the design of two-dimensional objects - such as fabrics, wallpaper. Even logos, graphics or icons can login to design protection.

With the registered design in Austria, you can prohibit others to use the protected design without your consent in identical form in Austria. Furthermore all possible actions are included which relate to your design - for example, offering products in which your design is used, the production, sale or import and export, as well as the possession for these purposes. The scope of the design patent extends not only to identical imitations, but regularly also on all the products that provide the same overall impression as shown I the views of your design patent

The maximum term of design protection in Austria is 25 years.

Design protection in Austria arises with the registration of a design with effect from the date of filing of the application. Protection starts with a 5 year protection and can be maintained 4 times for 5 years each up to 25 years in total. In special cases only the protection may start before the date of filing the application if a priority claim of a foreign design application filed within the last6 months is possible and is requested with the new application.

A design patent is regularly not fully reviewed intellectual property right. Conditions for protection are the novelty and an individual character of your design. The existence of these conditions is assumed due to the registration itself. Third parties may negotiate these conditions but they will have to give full evidence for the missing conditions.

For the registration of your design in Austria you will need:

- the name of your design; br />
- images showing only your product in front of a neutral (white) background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); br />
- contact details of the client; br />
- contact details of company or person to be registered as owner of the design right; br />
- name of the natural person(s) who created the design; br />
- a short description - if possible - of the design and its novelty, especially if the design has specific characteristics which can not to be seen in the views; br />
- in case of prior design application in a foreign country: please provide us with a copy or a certified copy of the application, receipt of the filing, file number and name of the patent office. br />
If you engage us we will render the following services: br />
- Preparation of the filing including selection of the classes of goods (Locarno-classes); br />
- Examination of the images in regard to the formal requirements (we do not review if the design is new and has an individual character); br />
- requesting for additional documents or new images; br />
- legal advice with regard to the filing process and documents; br />
- sending the prepared filing details to you for review; br />
- request a power of attorney, If the Office will required a legalization of your power of attorney the external fees for a notary certification and a court issued Apostille are expenses you will be charged separately; br />
- Filing the application at patent office; If the Office will required a legalization of documents the external fees for a notary and a court (issuing an Apostille) are expenses you will be charged separately; br />
- Representation of the applicant in front of the office; br />
- Payment of the official fees (application fee, registration fee, publication fee); br />
- Transmission of office documents as well as the letter confirming the application; br />
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application; br />
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register; br />
- Receipt and transmission of all documents sent from the patent office after the registration; br />
- Docketing and deadline, renewal time monitoring.

Complaints of the Office which do not concern only mere formalities or Locarno classes are new matters. If the office complain particularly in regard to drawings and / or pictures the answering and representation of such office action open a new matter. Regularly we do not expect such a complaint by the Office, in particular if the information that we provide to you before filing of the design application, are considered. But if it should come to such a case, we will inform you and start legal action only if you instruct us in writing form to answer and represent you within the Office Action matter.

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