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Feb 28, 2019
Georg Kresbach, Wolf Theiss, Austria
Bernhard Schmidt, Wolf Theiss, Austria
First published at www.wolftheiss.com


Austria: Trademark Offensive 2.0 – Full Adoption of the...


Georg Kresbach, Wolf Theiss, Austria, Bernhard Schmidt, Wolf Theiss, Austria, First published at www.wolftheiss.comFollowing the implementation of several new provisions of Austrian trademark law in 2017, the second amendment completely implements the EU Trademark Directive in the Austrian Trademark Act (MSchG). It modernizes the concept of trademarks in Austrian law and eases access to the legal protection system. The amendment to the Austrian Trademark Act entered into force on 14 January 2019.

The first amendment to implement the EU Trademark Directive (see our Client Alert "Trademark Offensive 2017") entered into force in September 2017. It created, among others, the possibility of splitting trademark applications and registrations, introduced the national certification mark and simplified formal requirements for changes to the register. Since 1 September 2018, the new calculation method for the term of protection has also been in force, whereby trademark protection ends ten years after the date of filing instead of at the end of the month of the trademark registration. With the second amendment, the EU Trademark Directive will now be fully implemented in the Austrian MSchG. In addition to a new trademark definition, the
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