WEDNESDAY, 26 MAY 2010
Austria: opposition possible from 1 July 2010
Austria introduces opposition proceedings starting 1 July 2010; i.e. opposition can be filed against trade marks published after 1 July 2010 (I'm pretty sure we've covered this before, but couldn't find the post).
Opposition has to be filed within 3 months of publication in the relevant journal ("Markenanzeiger" for national marks, WIPO Gazette for IR marks). Only owners of earlier marks or trade mark applications may file an opposition, but not owners of other rights in distinctive signs (such as, e.g., company names, personal names, designs etc.). The opposition fee is EUR 150. There is no reimbursement of costs, each party will have to bear its own costs.
Some background by Austrian law firms (in English): Schönherr, Schmid-IP, Zeiner & Zeiner
Posted by: Mark Schweizer @ 09.29
Tags: Austria, opposition, amendment,,