Practice areas
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Trademark & Intellectual Property

Ideas and intellectual property are assets. We protect trade marks, designs and copyright, assist with registrations and represent you in cases of infringement. With precise advice, we secure your rights and create the basis for sustainable, creative and commercial success. We tell you frankly how we assess your matter and give you an estimate of the costs.

We secure what makes your business unmistakable: trade marks, works, software and know-how.

Intellectual property law protects ideas, works and distinctive signs. The central foundations are the Copyright Act (UrhG) and the Trade Mark Protection Act. We advise on building and managing your portfolio of protective rights and take action against infringement. We act for businesses, agencies, creatives and software houses in Salzburg.

Our services in trade mark and intellectual property law

  • Trade mark searches and filings: clearance against earlier rights, specification of goods and services, filing with the Austrian Patent Office or the EUIPO.
  • Portfolio management: watching, renewals, evidence of use, assignment and pledging.
  • Opposition and cancellation: proceedings against later third-party marks and defence of your own registration.
  • Copyright: protection of texts, photographs, music, design and software, grants of rights and licences of use.
  • Design protection: registration as an EU design or an Austrian design (since the 2025 EU design reform explicitly including digital creations) and a protection strategy across design, trade mark and copyright law.
  • Licence and cooperation agreements: scope, territory, term, remuneration, exclusivity and consequences of termination.
  • Infringement proceedings: cease-and-desist letters, preliminary injunctions, actions for injunctive relief, removal and damages, publication of the judgment.
  • Domain and sign conflicts: delimitation from company names and business designations.

Trade marks: search first, file second

On filing, the Patent Office examines only whether absolute grounds for refusal exist, such as lack of distinctiveness or purely descriptive indications. It does not examine whether earlier third-party rights conflict. That examination falls to the applicant; it is the commercially most important step, because a registered but vulnerable mark costs more than a properly cleared one. Equally important is the scope of the specification of goods and services; a specification that is too narrow gives no protection and one that is too broad exposes the mark to attack for non-use after five years.

Copyright arises without a register – but not without a contract

Protection for individual intellectual creations arises without formality on creation of the work. Copyright itself is not transferable under Austrian law; only rights of use can be granted. This is where most conflicts arise: agency agreements, photo licences and software development contracts often govern the scope of the grant imprecisely or not at all. We draft these clauses so that both sides know what may be used: territory, term, right of adaptation, onward transfer.

Acting against infringement

Where use is unauthorised, injunctive relief, removal, reasonable remuneration, damages, rendering of accounts and publication of the judgment are available. The main instrument is the preliminary injunction: it stops the use at short notice, before the main action is decided. Jurisdiction in trade mark, patent and design matters lies exclusively with the Commercial Court of Vienna, in copyright matters with the regional courts sitting in commercial matters; for Salzburg, the Regional Court of Salzburg. We check before every step whether your own position holds, and advise against action where a warning letter would only alert the opponent.

Protective rights belong in business planning

Trade marks, designs and software are assets; their condition is examined in financings, investments and company sales. Anyone who puts their portfolio in order before due diligence begins negotiates from a stronger position. Get in touch; we will start by giving you an overview of your current position.

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Frequently asked questions

How do I register a trade mark in Austria?

How do I register a trade mark in Austria?

National applications are filed with the Austrian Patent Office, EU-wide applications with the EUIPO in Alicante. A search for earlier identical and similar signs should precede the filing, because the Patent Office examines only absolute grounds for refusal such as lack of distinctiveness, not third-party rights. Skipping that step risks an opposition or an infringement action after registration.

How long does trade mark protection last?

How long does trade mark protection last?

Ten years from the filing date, renewable for further ten-year terms without limit. The mark is subject to the requirement of genuine use: if it is not genuinely used for the registered goods and services for five years, it can be cancelled on application. A mark filed too broadly therefore protects less in the long run than it initially promises.

Do I need to register copyright?

Do I need to register copyright?

No. In Austria copyright arises without formality on the creation of the work, provided it is an individual intellectual creation; there is no register. The practical issue is proving authorship and the time of creation, for example through drafts, file metadata or a deposit.

Who owns software and designs created by an employee?

Who owns software and designs created by an employee?

Copyright itself remains with the human creator; only rights of use can be transferred. For computer programs the Copyright Act provides that, in case of doubt, the employer holds an unlimited right of use where the work was created in performance of employment duties. This does not apply automatically to freelancers and agencies; there the contract must expressly govern the grant of rights.

What can I do about trade mark infringement?

What can I do about trade mark infringement?

Available remedies include injunctive relief, removal, reasonable remuneration, damages, rendering of accounts and publication of the judgment. The most important remedy is the preliminary injunction, which can prohibit use at short notice. A cease-and-desist letter usually comes first. We begin by checking the protectability and evidence of use of your own mark; proceedings fail on those points more often than on the infringement itself.

How much does a trade mark application cost?

How much does a trade mark application cost?

For an Austrian trade mark, official fees of the Patent Office in the low three-digit range apply; for an EU trade mark the EUIPO base fee starts at 850 euros for one class of goods or services, with additional classes costing extra. Search and representation costs come on top, depending on scope. In our experience the most expensive item is none of these but the unresearched trade mark that is attacked after the market launch; the search belongs at the beginning, not at the end.

Why should I carry out a search before filing a trade mark?

Why should I carry out a search before filing a trade mark?

On filing, the Patent Office examines only absolute grounds for refusal, such as lack of distinctiveness. It does not examine whether an earlier mark conflicts with the application. Registration is therefore no proof that the mark does not infringe third-party rights; opposition, an application for cancellation and an action for injunctive relief remain possible. A similarity search carried out before filing reveals conflicts while the name, domain and branding can still be changed.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about trademark & intellectual property?

Tell us about your case. We will give you a candid assessment and a clear picture of the cost.

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+43 662 26033