Refusal of protection for „International Registrations“ in Austria

The Madrid System is a centrally-administered system for obtaining trademark protection in a variety of countries by filing a single application at WIPO in Geneva, Switzerland. The Madrid System currently covers approximately 120 countries. The possibility of designating such a large number of countries and regions in an international trademark registration makes this option increasingly attractive for companies. However, this often leads to subsequent problems, because the competent office (WIPO) only examines the application from a formal point of view. WIPO does not examine whether there are obstacles to registration under the national law of the target countries. The applications are examined separately according to the national laws of that country. Each trademark undergoes the same procedure in the target countries as national trademarks. In the course of this examination, the national offices have the possibility to refuse protection. A „provisional refusal“ is then often issued.

If you have designated Austria in your international application/registration, you might receive a letter from the Austrian IPO informing you that a “provisional refusal” has been issued.

If the Austrian IPO has issued such a refusal of protection regarding your application for international trademark protection in Austria, we will be pleased to advise you on your options for overcoming such „refusals“.


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