How To Register Industrial Design In Austria
- To apply for registration of the industrial designs, the initial step is to obtain information from the fact sheets MU 402 (check for it under the heading “Documents To use’) about the International Classification for Industrial Designs and the categories of goods that the products that you are seeking legal protection from relate to. Just stating a class will not mean that you are done, however. You must describe your products.
- For you to begin your application, you’ll be required to fill out and submit the form for MU 1e (Single Design) or MU 1s, as well as the MUsBB (Multiple Design). Be aware that your application should include at least one photo from the original design (photographs or drawings that are duplicated). There is a slight exception for application for secret designs.
- The application can be submitted by mail or in person to the office of Austrian Patent. It is also possible to submit the application to an Austrian Patent Office entry point, by fax or post. Notice: Applications submitted that are submitted via E-mail are not permitted.
- After the application has been submitted, it will be thoroughly examined. If there are any deficiencies in this regard, you will be asked – in writing – rectify the issues. The Office will deny your application when your design does not conform to the public order principle or morality (legal review).
- Registration of design in each case occurs on the 20th day of the month of the registration. In each case, the Austrian Design Gazette publishes the registration. The registration is recorded in the register, and a sample certificate is issued.
Documents Required Register Industrial Design
- The completed application form is The MU1e (Single Design) or MU 1s, as well as an MUsBB (Multiple Design).
- At minimum, one image that shows the style (photographs or drawings that are duplicated)
Office Locations and Contacts
Austrian Patent Office
Customer Service CenterDresdner Strasse 87, Erdgeschoss
1200 Wien
Contact number: Contact number: +431 534 24
Fax +43 1 534 – 535
info(at)patentamt.at
Hours of operation:
Phone:
General information, Mo-Thu 8-16 h, Fr 8-14 h
Legal information, Monday-Friday 9-12 H
Technical information, call back service
On site:
General information Applications, General information Mo-Thu 8-15 hours, Friday 8-14 hours
Legal information, Mon-Fr 9-12 H
Technical information, Mon-Fr 9-12 H
What Are All The Eligibility
Anyone can apply for the registration of an industrial design regardless of whether they’re an individual or a the legal form of company (company).
Legal representation
- Austria is not a country. (You have, however, legally entitled to have an agent. When the person you select doesn’t have the credentials of an expert agent like an attorney at a patent company, law firm, or notary’s offices, you have to submit a written authorization.)
- Switzerland/EEA: No (an approved recipient from Austria is enough)
- Outside Switzerland/EEA It is possible (patent Law firm or law firm, or notary’s office)
Validity
The duration of an application for a design that begins at the time of application will be 25 years. The registration expires if you fail to pay renewal costs, you give up the protection right or there is an annulment of the design.
Documents to Utilize
Information that can be useful
Design Right Protection
A design that has been properly registered by the Austrian Patent Office is granted an exclusive right to the design. This right safeguards the appearance of industrial products. However , the right doesn’t protect the concept or the invention on the basis of which the product was created on, the process of manufacturing or any other similar matter. Design protection covers all aspects that are apparent to the human eye, such as the shape or gloss, color, design, or ornamentation, etc.
Design Infringement
Infringement of your logo allows you to file a lawsuit for an injunction and removal, publication of the judgment reasonable damages, compensation and disgorgement of profits, accounting and reconciliation and the disclosure of the sources and the channels used to conduct business.
External Links
