WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l/AUT/T/l 
28 May 1996 
(96-1986) 
Original: English/ 
anglais/ 
Ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Austria 
The present document reproduces the text of the Trademarks Protection Act 19701, as amended, 
as notified by Austria under Article 63.2 of the Agreement (see document IP/N/1/AUT/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Autriche 
Le present document contient Ie texte de la Loi de 1970 sur la protection des marques de fabrique 
ou de commerce 1 , telle qu' elle a ete modifiee, notifiee par I' Autriche au titre de I' article 63:2 de I' Accord 
(voir Ie document IP/N/l/AUT/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
Austria 
En el presente documento se reproduce el texto de la Ley de Protecci6n de las Marcas de Fabrica 
o de Comercio de 19701, modificada, que Austria ha notificado en virtud del parrafo 2 del articulo 63 
del Acuerdo (vease el documento IP /N /1/ A UT /1). 
IEnglish only/anglais seulement/ingles solamente. IPlNllIAUT/TIl 
Page 2 
rrRADI~lVIARK PROTECTI()N AC1~ 1970 
as ~lInc ndcd 
The (erln "111al""" as llsed in the text of the lavls should be understood 
as 111ci.lIiing hoth tracknlarks in the narn)\\,cst sense as well as service marks. l. GENERAL PROVISIONS IP/N/1/ AUT IT II 
Page 3 
I. (I) In this Act "marks" shaillnean any special signs used to distinguish, 
in the course of trade. the g'60ds or services of an enterprise frorn similar 
goods or serviccs or other enterprises. 
(2) For a decision as to whether a sign fulfills that purpose, all circumstances, 
particularly the period of use of the sign. shall be ta~en into account, with 
due regard to the vie\vs in the trade concerned. 
2. (I) It shall be necessary to enter a Inark ill the Tradell1ark Register in 
ordcr to obtain rights therein. 
(2) This Federal Act shall apply 1I11l/alis 1I11l1({ndis to the right to a rnark 
;Il'qllired I'ur till' territory or Austria Oil the h;Isis of international agreernel1ls. 
S lIcll Inarks sha II a I so be exa III i ned for cOin pi i ance wit h the law (Sectioll 20). 
J. The right to i.I Inark shall only be granted where the goods and services 
slated in the li:it of goods and services can be produced in the enterprise of 
the applicant or the aC4uirer~ the right shall lapse when the requirement is 
no longei' Inct. 
4. (I) The following shall he excluded rn)lll rcgislr,llion: signs 
I. which consist exclusivcly 
(([) of state coats of anns, national 11 ags or other national enlblenls or 
of the coats of arIllS of Austrian provi ncial or local authorities; 
(h) or official test or guarantee signs \vhich are used in Austria or -
pursuant to a notice to be published in the Federal Law Gazette 
(Section 6 (2)) -in a foreign state, for the same goods or services 
as those for which the 111ark is intended or for similar goods or 
serVIces; 
(c) of signs of international organizations to which a member country 
or the Paris Union for the Protection of Industrial Property belongs, 
insofar as such signs have been proIllulgated in the Federal Law 
Gazette. The last sentence of Section 6 (2) shall apply to such 
promulgation; 
2. \vhich contain exclusively infornlation in words or pictures as to the 
place, tilne or 1l1anner of Illanllfactllre, as to the nature. purpose, price, 
quantity or weight of the goods or as to the place, tinle or nlethod of 
perfoI'lnance, nature, purpose, price or scope of a service; 
J. \vhich are in general cOllllllercial usc for the designation or certain kinds 
of goods or services; IP/NIlIAUT/TI 1 
Page 4 
-+. which contain Inatter likely tn cause annoyance or othcl"\\'isc arc 
contrary to puhlic order or contain inscriptions or statel11cnts that arc 
inaccurate and are apt to Inislead the public; 
5. which pursuant to the Act on the Protection or Nc\v Plant Varieties. 
Federal Law Gazette No. I OR/ 1993. are registered as designation or a 
variety for sinlilar goods. 
(2) In the case rcf~.rred to ill subsection (I) 2 .• registration shall. ho\\'c\'er. 
hl' adlnissihle where the sign is recognil.ed ill thc trade concerned ~IS 
distinctive or the goods or services or the applicant's enterprise. 
5. Marks containing i.l distinctive sign or ~iny other or the signs rcfclTl'd 
to in Section 4( I) I. as one of their features Inay. insofar as the lise of such 
sign i~ suhject to statutory restrictions. he registered only after thc right to 
the use of such distinctive or other sign has heen pro\'ed. 
6. (I) T'he state coat or anns. the national n~l!.! or all\, other national clllhklllS 
", '- .. 
or the coal of arnlS of an Austrian provincial or local authority 111~ly nol 
\vithout authorization be used in trade as Inarks of goods or serviccs or as 
features of such 1l1arks. Nor nlay the signs referred to in Section 4( I ) \.r (') be 
used without the consent or the cOlnpetcnt authority. Sinlilarly. test or 
guarantee signs nlay not, \vithollt the consent of the authority issuing such 
signs, be used for the Inarking. or as feature of such 111arking. of goods or 
services 1'01' which the sign has hcen introduced or or sill1il~lr t!o()ds or 
SerVices. 
(2) Suhsection (I) shall apply to foreign national ell1hlcnls and official test 
or guarantee signs only in the event of an international agrecI11enl or or 
reciprocity and provided that the foreign sign has becn prornlllt!~\lcd in the 
Federal Law Gazette. Where sllch notice does not include a reproduction or 
the official presentation of the sign, it shall state where the public nlay have 
access to sllch reproduction. 
(3) Persons infringing the prohibition (subsection( I)) shall be punished by 
the district adnlinistrative authority hy a fine not exceeding 3,000 schillings 
or with detention for a tcnll not exceeding one l11onth. In aggravating circun1stallces. 
the penalties l11ay be i l11posed concurrently. 
7". Section 4( \ ) I. and Sections 5 and 6 shall also apply to representations 
\vhich are sitnilar (Section 14) to the official presentation of the distinctive 
or other sign. Approved distinctive or other signs of the kind referred to in 
Section 4( I) I. nlay, however. even \vhere they are silllilar to distincti\'e or 
other signs of the san1C kind (Section 14). he llsed as features or Inarks 
(Section 5) or for the Inarking of goods or services (Section 6). IP/NI 1/ AUT IT 11 
Page 5 
Y. TIlL":cdcral lvliJ1isterofEconolnic Affairs Inay. \vhere required to facilitate 
idl'1l1ificaliull of thl' origin of goods of a specific type in view of their 
char~lctcrislics. particularly of a hazardolls nature. or for ecollonlic reasons. 
order th~1t sllch gouds Inay only be put on the 111arket after a registered Inark 
has hL'en afrixed to lhcln in a Inanner to be detcnnined by order. 
10. The right to a Inark shall not preclude another enterprise frolll lIslng 
thl' Sal11l' sign to di\lillguish other kinds of goods and service'''' 
lOa. (I) The 111~lrk shall not entitle its owner to prohibit a third party fronl 
u\ing the Inark for ~()()ds which have heen hrought oll'the Ina,let in the EEA 
under that 111<.u·k by their owner or \vith his consent. 
(2) Suhsection (I) shall not apply if it is justified for good reasons that the 
U\\'llel' opposes the continued distribution of the goods. in particular if the 
cOJldition of the goods changes or deteriorates after they have been put on 
llll' Ill~lr"l'l. 
11. ( I) In the event or a change of ownership of the cOlnplete enterprise. 
till' right to a Inark and any license right.\ pertaining thereto shall pass to the 
U\\'IlI:r. unless otherwise agreed. 
(.2) The right to a Inark Inay he transferred without the enterprise. Transrer 
in respl~'ct of only part or the goods ,1I1d sL'J'\'ices shall not he pennissihlc 
\\'Ill'rl' slldl goods ~llld services ~Ire itkntiL'~t1 \-villl OJ' or the sallle type as the 
gOlld:-. alld servil'l'S !lut transferred. 
(3) Until such lil11e as the transfer of the 111ark has bcen recorded. the right 
to tlk' Inark 111,1)' not he asserted hefore the Pall'nt ()rfice and all cOlnll1unications 
l'OIll'l'rllillg the Inark servcd Oil the I'cgisteJ'l'd O\VIlCJ' or {he 1l1ark shall have 
C IlcCl \\' i 1 h regard to the acq u i reI' 0 r the Inark. 
12. No onc Inay. \vithout the consent of the person authorized, llse the 
nalne. ri nn nallle or special designation of the enterprise of another person 
for designatin~ goods or services. 
13. Designation or a Inark for goods or services shall Inean not only use 
or lhe Inark 011 the goods li1clnsclvcs or Oil articles for \vhich a scrvice has 
been or is to be perfonncd or \vhich are t'o be cI11ploycd for the provision of 
services. but also lise or the Inark on containcrs, \vrapping or packaging and 
ill advertiscJ11cl1ts and COllllllcrcial stationery. 
14. Signs shall he "silllilar" \vithin the 1l1canillg oj' this Acl \v\1ere there is 
a likelihood of conrusion in trade. The fact that one sign consists of words 
and the other or i.1 device shall not in itsclf preclude silnilarity. IP/N/1/ A UT IT 11 
Page 6 
II. REGISTRATION. TRANSFER AND CANCELLATION ()F tv1ARKS 
1. Registration 
16. (I) The Tradcnu1rk Register shall he kept by the Patent ()rrice. 
(2) Applications for registration or a Inark shall be Inade in \-vriting to the 
Patent Orfice. Where' 'a (nark does not consist e xclllsi vel y of figu res. Ictler~ 
or words h~lving no pictorial design or clail11 to particular characters. a 
reproduction or the Illark shall he suhlni tlcd. The Illllnhl'r or repro<.iuct ions or 
the Inark to he Sllhl11itted. their nature and diln~nsions shall be laid do\vll hy 
order. 
(3) T.he application shall indicate the goods and services for \vhich the 
Inark is intended (list or goods and services): Inore detailed requircI11ents for 
tile list of goods and services and thl' IHllnher of itenls to be Suhll1illed sll~i11 
he laid down by order. 
(4) The orders to-be issued hy the President of the Patent Office pursuant 
to suhsections (2) and (3) shall take into consideration the requirelnents of 
the registration procedure ant.1 or the registration. printing and puhlication or 
the Inark. 
17. (I) On registration. the following shall be entered In the TraLielllark 
Register: 
I. the Inark: 
'1 the registration nUlnber: 
). the date or the applicatioll and the priority claill1ed. if any: 
4. the IH1111e of the registered o\vner or the Inark and his reprcsentati ve. if 
any~ 
5. the goods and services for which the In ark is intended. arranged in accordance 
with international classes (Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes of the Registration 
of Marks, Federal Law Gazette No. 40 I /1973 as anle'nded): 
6. the beginning of the period of protection; 
7. where appropriate, a note that the In ark was registered on the hasis or 
proof that it is in use. 
(2) Marks consisting exclusively of figures. letters or words. having no 
pictorial design and for which no particular characters have been clail11ed. 
shall be entered in capital letters or Arabic figures. 
(J) The tradclllark owner shall receive official confinHntiol1 of cntries in 
the Register IHade under suhsection ( I). 
(4) The Inark shall be publ ished a ncr registration. 
(5) The Trade III ark Register and the catalogs to he cOlnpiled of its contents shall 
he open to public inspection. On request. a celtitied copy shall be nlacie of the entlies. IP/NllI AUT IT 11 
Page 7 
I H. (I) \VhcJ1 registration of a Inark is applied /"01'. an application fcc of 
t\TS tJ50. including a search fee (Section 21) in the al110unt of ATS 400, shall 
be payable together \vith a class fee. The class fee shall be ATS 220 if the 
list of goods and services does not cOlnprise Inore than three classes: for each 
additional class. the fee shall be increased by ATS 290. 
(2) Before a Inark is registered. a fee of 2.000 schillings covering the 
period or protection shall he paid on delnand. together with a contrihution to 
the cust or printing ror the pHblic~ltion (Sectioll 17(4)). The {l11101lnt of such 
contrihutioll shall depend on the SilL' of the public{ltion and shall he laid down 
hy urder (Section 70( I)). 
(3) I:L'es alrL'ady p;lid under suhsection (2) shall he refunded il"thc application 
docs not lead to registration. This shall also apply to 'the contribution to the 
cost or printil~ (suhsection (2)). 
(~) Applications for international registration of a tnark under the Madrid 
;\ t.l'eL'll1L' Ilt ('Pilcerning the International Registration or rv1arks. Federal Law 
C'lIlClIC No. -t-O{)/I tJ7J as all1cnded. shall he suhject to an Austri~lI1 ree or 
1.20() schillings in addition to the ree to be paid to the International Bureau. 
19. (I) Thc righlto a 111ark shall begin with the day or Llltry illthc Tradelnark 
Register (registration). The period of protection shall expire ten years after 
the end PI' the 1110111h in which the rnark \vas registered. The reriod Inay he 
cx tcnded for further periods of ten years provided that renewal of registration 
is applied ror in tillle (suhsections (2) and (J)). Further periods or protection 
shall. irrespective of the day of rene\val. date froln the eno or the preceding 
period, 
(2) Registration shall be renev.'cd hy thL' paYlllenl of a rCllc\\'al fcc in the 
alllOLllll or two and a hall' titnes the fee for the first period or protection 
(Section IX(2)). 
(3) The renewal fee (subsection (2)) Inay he paid no earlier than one year 
bcfore the end of the period of protection and no later than six months after 
the end or the period. Where payn1ent is 111ade after the end of the period, a 
20 percent surcharge shall be added. 
20. (I) Every application for registration of a rnark shall he examined for 
cOI11pl iance 'with thc la\\'. 
(2) Ifsllch eX(llllination reveals ohstacles to the registration orthe tradenlark. 
thL' applicant shall he invited to SUbll1it his response within a specified period. 
If. after tilllcly receipt of the response or expiry or the tilllC litllit. registration 
is fOllnd nut to hL' adlllissihie. the application shall hc rejected hy a final 
decision. Where there is no obstacle to registration. registration shall bc 
granted after all exalllinlttion for silnilarity (Section 21) and paYll1ent of the 
fce prescribed in Section 18(2) and of the contribution to the cost of printing. IP/N/lIAUT/T/l 
Page 8 
(3) Where there are ohjections to the adlnissihility of r~gistration duc to 
a lack of disti Ilcti veness (Section I) or in vic\\' or Section 4( I )2 .. it shall he 
laid down by a decision. at the applicant's request. prior to rejection that till' 
111ark nlay only be registered subject to the rcquirenlcnts of Section \( 2) or 
Section 4(2); such decision Inay be appealed against (Section 36). 
21. (I) In lH.lditio',1. for every Inark filed. an exal11inatiol1 shall he 'l1alk 
for identicalness or silllilarity (Section l-l) to a Inark with L'~lrliL'r priority 
reeislcred for l!.oods or services beloll!.!il1e to the S~lllle class. ThL' ~11)1)licalll 
t-.. "-- '- "-
shall he notified of any such 111arks and shall be infonned that the Inark rikd 
will be registered ifregistration is adnlissible (Section 20C~)) unless he withdr~I\\·s 
his ap·~lication within the period laid t!<nvn by the Patent Ofncl'. 
(2) The notitication under suhsection ( I ) or the failure to give such notification 
shall he of no consequence for the assesslnent or the scope of protcct ion or 
the sign concerned. It shall require neither signature nor orficial certificatioll. 
22. (I) The Patellt ()ITice shall provide allY persoll. on request. \\'itll 
\vritten inforJnation as to \vilelilcr ~I spccific sign could he identical or Sill1il~lr 
(Section 14) to Illarl\s \VIH)Sl' n:specti\'c goods ~IIHI ~en'ices 1',111 under till' 
classes specified ill the reqllest. Section 21 (2) shall apply to such infortllatiol1. 
\\/herc the sign is a registered 1l1arl\. it shall he sufficiellt to state till' 
registration Ilunlbcr. 
(2) On request. in fonnation unde r s 1I bsect ion ( ) ) 11lay he g i \'cll oncc Oil 1 y 
or repeatedly. for each half year. for each yellr or ror every t\VO years. 
Repeated COlllJllUllicalions sh~t11 he Sl'llt in January. and in July \vhere h~t1r 
yearly. 
(3) The petitions shall bc suhject to the paylllcl1t of a fee \vllich shall he 
fixed by ordcrorthe President ortlle Austrian Patent Office. In tile detL'rtl1inatio\l 
or the fees for each individual case account shall hL' takl'1l or the labor ~llld 
l11atcrial required for the service involved. 
(4) Where fUI1her infonnation is no longer required. the alllount corresponding 
thereto shall be refunded. 
23. (I) The applicant's right of priority shall dale froln the day that the 
l11ark is duly filed. 
(2) The list of goods and services in respecl or a riled or registered Inark 
Inay be subscqucntly extended. Such extensions shall he suhject. 1I1111l11is 
1IlIllll/ulis. to the rules for applicatiol1s for Inarks. 
24. (1) The right of priority granted in Article -l of thc Paris COJ1velltinn 
for the Protection of Industrial Property, Federal Law Gazctte No. )()t)/l973 
as aillendcd, HUlst be expressly clailllcd. For that purposc, the date and 
country of the application for which priority is claill1cd shall he indicated IP/N/lIAUT/TIl 
Page 9 
({.kl'laratioll or priority). as well ~IS till' seri~tI Ihllllher or slIch application. 
(2) The decl,lration of priority shall be Sublllilled to the Patent Office 
within t\\'o 1110nths or the arrival of the application at the Patent Office. 
\\'jlhin that period. an afllCndfl1efH to the declaration of priority nlay he requested. 
For sllch request. a fcc alll01lllting to half the fees charged 011 filing the 111ark 
shall he payable. 
(3) II' thL' granl or InaintcnancL' of lhe right to protection depends on the 
\:didity or thl' CI;lilll to priority, thL' ri~ht ()r priorily Illllst hc proved. The 
L'\idel1cL' rL'quirl'd ror slich proor(priority dOL'Ull1l'l1tS) and tilL' timL' ofsuhlnissioJ1 
sha II he dL'lL'nn i !led by order. 
(-+) (I' till' declaratiol1 (lr priority is \1ot 1l1ade in tillle,'ir evidence of priority 
i S 11 () t s 1I h III i II Gd i n t i 111 e. 0 r i r the s e ria I nUlll her 0 r the a p p I i cat jon 1'0 r \v h i c h 
priority is claillled is not notified 011 orficial defnand \vithin the periods laid 
dU\\'\1. priority sh:dl he detenninet\ in ,Iccllrdance with the date of filing In 
:\uslri;L 
25. (I) ["larks llsed to distinguish goods ur sen'ices displayed in an Austrian 
or r()rci~n exhibition shall enjoy priority in accordance \vith Sections 26 and 
27. 
(2) TilL' pro\·isions of Sections 26 and 27 shall apply in particular to 
displays in Illodel or fllerchandise exhibitions. 
26. (I) Protection shall be accorded only if the Federal MinistcrofEconolnic 
,\Ilairs has granted the exhibition the privilege or priority protection for 
Ill~lrks used to distinguish goods displ~lyed there. 
(2) Such privikge shall be tlpplied ror by the fll:tnagCJ11cnt or thc exhibition. 
The ~lpplication shall contain the particulars required for a decision regarding 
IhL' priority cl~lilned. 
(3) The requcst shall be granted wherc international obligations require 
protection to be allorded or \vhere it is justified by the econoll1ic ill1portance 
or the exhibition. 
(4) The grant of the privilege of priority protection shall be notified in the 
.. \lJllsh/(f1l ;'lIf ~Viell('r ~eillfJlg and in the (jslerreichisc/Jes P{[/el1lh/{[1I (Patent 
G41/.ette) at the exhibition tllanagelllcnt's expense. 
27. (I) The priority of a Inark arising frOfl1 sLlch protection shall date frolll 
the day (hat the goods fllarkcd \vere hrought to the exhibition prellliscs provided 
till' nl~lrk is filed with the Patent ()llicL' within three IllOlltils fron1 the day on 
\\'hich the exhibition closed. The application for registration Inay only 
cOfnprisc the goods 011 which the Inark was lIsed during the exhihitioll. 
(2) If identic,tI or silnilar goods designated by the saine or sifllilar (Section 
1.+) tnarks are brought to the exhibition prclnises at the saIne tilHe. the Inark 
first filed shall have priority. IPINIlIAUT/TI 1 
Page 10 
(3) The right of priority 1l1ust he expressly clainlcd. For that purpose. till' 
exhihition and the day \vhen the goods l11arked re~lched the exhihitioJl 
prclniscs shall hc staled (declaration of priority). T'be provisions or Sectioll 
24(2) shall apply IIllilalis !Ill/lUlU/is. 
(4) Thc right of priority shall be eviuenced by a reproduction or the Inar~ 
and a certificate issllcd hy the exhibition 1l1(lnagclllcnt lllcntioning the good.'i 
that were displayed,,.\vith the Inark and the tillle that they reached the 
exhibition prellliscs (priority UocUlllcnts). 
(5) If the declaration of priority is not Illade in tilne or if the priority 
dOClIlllents arc not suhnlittcd on official dCllland \vithin the period laid do\vn. 
priority shall be dctenllined in accordance \vith the date of filin~l .. 
2. Changes in the Registered Status 
2M. (I) The recqrd of transfer nr the Inark and the enlry or cancellatioll 
or license rights shall be effected at thc written requcst of one or the parties 
concerned and the SUblllission of docu)llentary evidence. \\'here the doculnentary 
evidence is not of an official nature. it shall be required to hear the duly 
cL'rtified signature of the person to \Vh0I11 the right belongs. 
(1) Legal disputes concerning rights to )narks. cancellation proceedings 
(Sections J() to 3Jl') or assigl11l1ellt proceedings (Sectioll 30a) :-ihall hL' 
recorded. on reqllest. in the Tradelnark Register (entry relating to a dispute). 
(J) In other cases. Sectiolls 4JL1) and (4) and 45(2) or the Patellts Act. 
Il)70. Federal Law Gazette No. 159 as alnendeu. shall apply IJl11tOlis /Jill/({Ildis. 
(4) A fee equal to the application fec (Section I ~H I)) shall be paid for 
each of the requests referred to in suhsections (I) and (2). 
(5) The entries referred to in suhsection (I) shall be noted. 011 request. in 
the official confinnation of the registration entry (Section 17(3)). 
(6) Transfer of the )nark shall he puhlished. 
3. Cancellation 
29. (I) The Inark shall be cance lied: 
I. at the request of the o\vner; 
') where registration has not been rClle\ved inti Inc (Section 1<): 
3. where the right to a 1l1Hrk has lapsed for reasons other than those 
referred to under 1. and 2.: 
4. following a final decision granting a request for cancellation Suhlllitted 
to the Nullity Division. 
(2) Cancellation shall be entered in the Tradenlark Register (Section 17) 
and shall be published. IP/NIl/AUT/TI 1 
Page 11 
JO. (I) The pL,titioll for the cancellation or a tHark tnay he tHade by the 
1"L'gistered oWller or ~, Illar~ rilL'd earlier for identical or silllilar ~oods or 
'.en'ices lind still ill force where till' Iwo 1l1~'rks arc identical 0; silnilar 
( S l' C t i 011 I -1-). 
(2) The petitioll .~hall he filed within ~l period ur riVl' yl'~Irs ~IS frolll till' 
date kllov..:ledge is ohtained of the usc or tile Illark rl'~islLTL'd later. This s"~dl 
~Ipply only to ~(){)ds or services for v;hich the Illter I;wrk was used (lIH.1 only 
if till' application or the latc't Inark W~IS not filed in had r~litlt. 
(3) The cancellation decision shall have retroactive effect t() the heoillllillll 
or the period of protection (Secti()1l It)( I )). ~ ~ 
,~Oa. (I) ;\ persoll havin!! acquired ri~llts ;,hr();ld ill ~, sigll hy rl'gistr~Iti()11 
ur usc Illay r~qlll'~·d ;111 idclltical or silllilar (Sl'ctiull 1,1) "I;tr~ rikd at ;1 I;Ill'" 
lbte for the saIne or silnilar goods or serviCt:s tu he cancelled ()J' transl'efTed 
to hinl. \vhere the tl\vner or such 1l1ark is or \vas COllllllitled to looking al'ler 
the business interests or the person Inaking the request and had the Inark 
registered withollt thc latter's agreelllcnt and \vithout proper justification. 
(2) The cancellation deci~;ion shall have retroactive effect to the beginning 
or the period or protection (Section IY( I )). 
J 1. (I) An)' person Inay apply for cancellation of a Inark if he proves that 
~I sign lIsl'd hy hilll 1'01' idelltic~t1 t!oods or services tllHJ not registered WtlS 
J'L'l'ognii.l'd in the trade conccrned as distinctive of his enterprise's goods or 
services at the liJl1e \vhen the contested Inark -identical or silnilar (Section 
1-1-) to his o\\'n unregistered Inark -\vas riled, unless the enterprise for \vhich 
the Inark \\'tlS filed had used it unregistered for at least as long as the 
applicant's enterprise. 
(2) Cancellation o/" sllch tnark shall he applied for within five years fr0l11 
th~ bcgi I1n i ng o/" the period of protection. un less the registered owner was 
a\vare or should have been aware or the Inark as a sign distinguishing the 
goods or services or the applicant's enterprise at the tilHe the nlark was filed 
or acquired (Section I I). 
(3) The cancellation decision shall have retroactive effect to the beginn.ing 
or the period of protection (Section 19( I )). 
J2. (I) An enterpreneur Inay apply for the cancellation of a 111ark if his 
nanlC. his finn n(llne or the special designation of his enterprise or a 
designation si tHi lar (Section 14) to these l1anles has been registered without 
his consent as ~l 111~lrk or feature of a Inark (Section 12) and if the use of the 
Illark is likely to give rise to conrusion ill trade with one or the signs 
distinctivc or the applicant's enterprise, 
(2) The cancellation decision shall have retroactive effect to the beginning 
of the period of protection (Section 19( I )). IP/NIlIAUT/TI 1 
Page 12 
33. (I) Anyone 111ay apply for the cancellation or ~l Inark on any or the 
grou nels for cance 11 at i on ex (~!li('i(). 
(2) II' the tradell1ark is cancelled Oil the ground th~lt it ought not tll ha\'c 
beell registered. the c;'lIlcellatioll decisioll shall have retr()~lctive l'llect to till' 
beginning or the period or protection (Section I t)( I)). 
33a. (I) Any pers,(·~11 1l1ay request the cancellation of a Inark \vhich has 
been registered for a InininlUlll of five years wherc it has not been lIsed as 
a distinctive sign to any reasonable extent in Austria during the five years 
preceding suhl11ission of the request ror cancellation. either hy the owner or 
the 111ark or hy any third party with the o\vner'S consent (Section I)). unless 
thl' O\v.l1er of the Inark C,lli justiry his non-lise. 
(2) Where IlOIl-lISe or a Inark is the result or statutory restrictions 011 trlllk 
in the goods or services for which it is intended. it shall not he subject to 
cancellation under subsection (I) if it is recognized that a \vorth\vhile interest 
exists in giving protcction ill Austria in vie\\' or serious llSL' or the sign ahr()~ld 
or ror other reasons worthy or consideration. 
(3) The owner of the I1lark 1l1ay not. hc..)\vever. cite use of the 111ark \vhich 
had 11 0 t he g 1I n II 11 til aft e r : 
(lI) the O\Vller of the Inark or a licensee had cited the right to the l1)ark ill 
respect of the person suhlllitting the request: or 
. (h) the person suhlnilling thl' request had infortl1ed the owner or the Inark 
or a licensee or the nOll-lise, 
where the request for cancellation is SUhlllitted within three 1110l1ths or the 
first occasion on which the acts under (0) or (h) took place. 
(4) Use of a sign similar to the Inark shall be equi valent to LIse of the 
1l1ark itself (Section 14). Use in respect of certain goods.and services shall 
have effect for similar goods and services in the list of goods and services. 
(5) Proof of use (subsection (I)) shall be furnished by the o\vner of the 
I1lark. 
(6) The cancellation decision shall have retroactive effect for a period of 
fi ve years as frolll the date the petition is fi led. but at nlost to the end of the 
fi fth year of protection. 
33b. (I) Any person l11ay request the cancellation of a nlark i r after the 
date of its registration it has becollle the usual designation of goods or 
services for which it is registered in business dealings as a result or its 
o\vner's conduct or inactivity. 
(2) The cancellation decision shall have retroacti ve effect to the date for 
\vhich the cOlllpleted developlllenl of the Illark to the usual designation 
(generic terlll) has been proved. 
33c. (I) Any person nlay request the cancellation of a mark if after the IP INIl! A UT IT /l 
Page 13 
d~\lL' or ih registration it is likely. duc to its Use hy the o\vner or with his 
COllSellt for t!()uds ur sL'l"\'ices for \\'hicll it is registered. to InislL'ad the puhlic 
ill l);lrtil'~tlar ;IS III till' type. tilL' 1l~ltllrl' or till' ~L'()graphic origin or these goods 
l)r -"l'r\'ll'l'-". 
(2) Till' c~lI1l'ellatioll decision shall ha\'e retroacti\'e L'llect to the date 1'01' 
whil'h deceptive Lise or the Inark has becn provcd. 
4. Authorities and Proceedings 
J5. (I) III Ihe P,llcllt C)ITice. the Inelnher or the Legal Di\'ision within 
WIH)Sl' rl'spul1~ihility the parlicLlI~lr Inatter r~t1ls shall h~lve the po\ver to take 
tiL'cisiolls as tu registration and as to ~llly other In~llters rl'I~ltillg to the 
protection or Inarks. L1llless sllch decisions arc reserved to the President or 
t hl~ () rrice, ;\ ppcal Di vi sinn or thc Null i ty Di \' ision. 
(2) Sl'ctiollS 5S to () I (~f the Patents Act. I 97(), (IS <1111cnded. shall apply 
1I11f/ll/is 1I1l1/lIlldis. 
(.~) By order of the President or th~ Orrice. cIllployees \vho are not 
IllelnhL'rs or the Patellt Office Inay he etl1pO\\/ercJ to deal with 111atlers -
wilusL' nature shall he clearly defined -in the Legal Division. insofar as this 
is expedient in \'iew or the silnplicity of the Inatters in qucstion and to the 
l'.\lL'1l1 thaI till' L'll1ployees so ClllPO\VL'l'l'd ~lre qualified to deal with such 
Illatll~rs, SUl'h elllployees Inay nOI be etllpowered to take decisions as to the 
adll1issihility or lists or goods and services. The clllployees so cillpowered 
shall cOlllply \vith the instructions or the 1l1ell1ber of the Legal Division 
responsible in accordance with the allocation of \-VOlt. Such 1l1elnber nlay at 
any tinlc take over Inatters or reserve thell1 to hilnself. 
(4) A reasoned representation against the decision of an elllployee so 
eillpowcrcd 1l1ay be Inade to the COlllpetent 1l1cnlber of the Legal Divison 
\vithin olle 1110nth. Where such representation is 1l1ade in time. the decision 
of the cll1ployec so eillpowered shall be suspended. 
J6. The decisions of the Legal Di\'ision shall he subject to appeal. There 
shall he IlO ordinary legal I'eilledy ,lgainst the decisiolls of the Appeal 
Di visioll. 
J7. Petitions for the cancellation or a registered Illark (Secliolls 30 to 33c) 
and applications for transfer (Section 30a) shall he dealt with hy the Nullity 
l)ivisit)ll. 
38. (I) For dccisions or the Appeal Divisioll and the Nullity Division 
three 1l1elllbers shall bc present. one or \vl1ol11 shall preside. The chainnan 
and one other Illell1ber shall be legally qualified. P/NIlIAUT/TI1 
Page 14 
(2) Prelilninary decisions by the rapporteur (Ri!./ereI11) and intcrinl decisions 
shan not he subject to separate appcal. but an application for thcir rcyie\\' Inay 
he 1l1i-,dc 10 the Division concerned. 
Jt). (I) !\1-!ainsl thl' fillal dL'risions or till' Nullity Di"isioll an appeal shall 
lil' to lhl.' SlIprL'1l1L' PatL'llt and TradL'1l1~\t"k. ChalllbL'r as the highest authority, 
Sl'~.:tillll 74 llr thL' ParL:ilts Art. 1970. shall apply. 
{~) Thl' SlIprl'lllL' Pall'lll ~\I1d Tr~ldL'lllark Ch~\1l1bL'r shall dL'liber~llL\ ~\I1d lakl' 
dl'l'i s illl1s ullder lhl' dlai nnansh i P l)f its Pres iJell t or -i f h~ is ullable 10 attend 
-uf thc Vicc-Prcsident in boards consisting of fi"c mcnlbcrs: (he chainnan. 
three legally qualified l11cnlh~r~ (S~L'tinl1 74( 3) of thl' Patents .-\l't. 1970) and 
l)lll' lL'l"thnically qual i (jL'd nk'1l1hl~r (Sl'l'l il)ll 7-+( -+) l)( {hl' P~\lL'llts .-\1..'(. Il)7n I, Thl' 
\.'h~\inl1~ln shalll'IlSlIl\' th~lt thL' 11\)ard ilh:lulk's l'llll' kf~lIly qualific'd I..'j\il ~l'nant 
ll( (,rl)Up .\ ~1I1d at \cast l)llL' ,illd~l'. Till' kfall~ qualiril..'d I..'i"il Sl'nalll shall hl' 
till' rappl)['tl'ur: if 1h.'~:l'Ss~'ry. thl' l'hainllan 1l1~'y appoint fllnh~r nlel11b~rs l)j' thl' 
hl )~lrd as ,ioi III rappl)rleU rs. 
(.~) Sl'l'tinn 75(~) l)f till' P~\tl'Il{S :\(l. 1l)70. ~h ~ll11l'lllkd. shall apply, 
-to. (I) For appeals against the uecisions of the Legal Di"ision. a fee of <)00 
schillings shall be payahlL' in respeL't or L"'L'ry filed or registL'rL'd Illark to \\'hil'h 
lhl' appeal relates. For petitions to the Nullity Di,'isioll (SL'ction .1.7). a fcL' or 
2,l)OO schillings shall he payahle. and for appeals (Section J9) a fee or 4.-+0() 
schillings ror each lllark to whirh the IK'iilion (appeal) relales. 
(2) The fec for an appeal (sllbscction( I )} shall he refunded if the appe~t1 is 
essentially successful and if the proceedings ha\'e been conductL'd withuut all 
~ld\'erse party. Half the fee for petitions to the Nullity Divison or ror the 
corresponding appeal shall be refunded if the petition or the appeal is dislnissed 
before the hearing takes place. 
41. (I) In the cases provided for in Section 76( 1) of the Patents Act. 1970. 
nlenlbers of the Patent Office and of the Suprenle Patent and Tradenlark 
Chall1ber 111ay not take part in the proceedings. 
(2) Members of the Patent Office 111ay not take part in the work of the 
Appeal Division whcn they have participated in the exalllination for cOlllpliance 
with the law (Section 20) or silllilarity (Sections 21 anu 22) in respect or the 
mark concerned by the appeal. 
(3) Members of the Patent Office 1l1ay not take part in the work of the 
Nullity Division and tl1enlhers of the SUprellle Patent and Tradell1ark Charnber 
Inay not take part in the work of the Chatnber: 
I. in the case of proceedings for the cancellation of a 111ark under Sl'ction 30. 
if they have taken part in the cxalllination for silnilarity (Sections 21 '1IH.I 
22): 
2. in the case of proceedings for the cancellation or a nlark under Section JJ. IP/NIl/AUT/TI 1 
Page 15 
if they ha\'e taKen part in the decision as to tile admissibility orthl' registration. 
(4) Sl'ct ion 76( 4) and (5) of the Pal~nh Act. 1 <J70. shall aprl y JlllflOlis Jlllllandi.\' . 
.t2. (I) In all other cases and unless otherwise provided hereunder. Sections 
52 10 5(). 57 h. 5X (t, 5X h. 64. 66 to 7,), 7<). X2 to X6, 112 to 126. 127 (I ). (2). 
(4) and (:»). Sec. 12X first sentence, Sec. 129 to 1 JJ (2). Sec. 134, 135, 137 to 
145. 16Y and 172 a ( I) of the-'Patents Act 1970. Federal Law Gazette No. 259, 
as all1cndeo, shall apply !JIll/ali.\' 111ulandi.\': the procedural fee provided for in 
Sec. 132 ( I) para. h of the Patents Act I <)70 shall correspond to the application 
fee (Sec. 18(1». . 
(2) Publications as provided for in Sections 17(4). 28(6) and 29(2) shall be 
Ilwde in the "()sll'rJ'('ichischeJ' Markelloll:eige}' (Tradelnark Bulletin). The 
autllori/.atioll for restoration shall be ,ll1nolll1ced in the OSlerreichischer 
tV/lil'/.:l'lIl1l1:l'igl'J' if the effect thereof is to reinstate the right to the Inark. 
L~) I I' the registered owner of the 1l1arK for which cancellation is sought does 
not contest the petition in \vl'iting \vithin the period prescribed, the Nullity Division 
shall. without furthl'r proceedings. order ctll1celbtiol1 of the 111ark or restriction 
of the list of goods or services. 
50. (I) The parties to proceedings 11l~ly inspect the relevant docllrnents and 
Illake copies. ()tl1L'r persons shall h~I\·e (hal right wilh till' consent or the parties 
or on slio\\'i ng a ILga lin terest. 
(2) \Vhere doclIlllcnts relatc to a InarK still ill furce. ~lllyollc 1l1~ly inspect or 
copy thcnl or havc copies 1l1ac..k of theill. 
L~) Copies shall he certiried hy the P~llelll ()llice UpOIl requcst. 
(-t.) The tex t or the reprotiuct ion of the InarK fi IeJ and the I ist of goods or 
services shall be COlll1l1Unicateu to anyone so requesting. Infonnation and 
official certificates as to the date of an application, the nallle and representative 
(i r any) or the appl icant. any priority c1ai 1l1cd, and the serial nunlbcr of the 
application on which priority is based. as well as infoflllution on whether the 
application is still pending and whether and to whonl rights resulting from it 
have been transferreo. shall be supplied to anyone so requesting. 
(5) Records of deliherations and parts of riles relating solely to internal 
atilllinistrativc trans:lctiollS Ilwy not hL' inspected. 
III. INFRINGEMENTS OF DISTINCTIVE SIGNS 
51. Anyone \vho in a Illanner likely to give rise to confusion in trade: 
I. lIses \vithout authorizalion II registercd Inark or a sign sill1ilar (Section 
14) to such Inark to d i st i ngu ish goods or serv ices for \\'\1 icll I he IHark 
has been registered or sill1ilar gooJs or services: or IP/N/lIAUT/T/1 
Page 16 
) offers for sale or puts on the l11arkcl goods thus IHarked. 
shall be punishahle by the courts and liable to a fin~ of up to J60 tilHes 
the per dienl rate for calculating fines. 
52. The saine penaltics shall be applicable to anyone \vho in a IHanller 
Ii "ely to give rise to confusion in trade: 
I. lIses. without Hut,i)orizatioll. the ntlll1e. trade n~lIl1e or spccial designation 
of an enterprise or a sign silllilar (Section 1-+) 10 slich designation tu 
distinguish goods or services: or 
I offers for sale or puts 011 the Illarkel goods so IHarked. 
53. (I) The offences referred to in Sectiolls ) I and 52 shall he prosl'l'ull'd 
only lIP~)1l forlllal L'Olllplaillt or the injured person. 
(2) The crilninal prOL'e<.iurl' shall be heard by a judge or the l'UUrl or first 
i Ilstancc si tt i ng a lone, 
5 .... (I) At the request or the injured person. ~1J1 order shall hc Ilwde (hal 
tools and devices used solely or 111ainly for the ill1itatioll or the unauthorized 
affixing of the Inark or designation shall be 1l1ade unserviceable for such 
purpose, that any existing stocks of counterfcitillarks or or designations prerarcd 
without Cluthc)rization shall be destroyed and that 1l1arks and designatiolls 
wlJich have been affixed \vitllolll i.llJthori/.~llioJl shall be rell1o\'cd frolH articks 
in the possession of the person convicted even if this results in the destruction 
() f t he art ic k concerned. 
(2) The injured person shall also he authori/.ed to publish the conviction 
of the guilty party at the latter's expense. The Inanner of publication and the 
tinle limit prescribed for that purpose shall be specified in the judglnent. 
regard being had to the wishes of the injured party. 
55. An injunction based on a mark which has been registered for 1110re 
than five years l11ay only be isslled when it has been proved thal grounds for 
cancellation under Section 33a do not exist. 
56. Claillls or a person injured in his Inark rights for appropriate cOlllpensation. 
dalllages and surrender of gain shall be governed. IIllIllllis 1I11l10/u/is. by 
Sections 150 and 151. 152(2) and (3), 154 and 161 of the Patents Act. 1970. 
Federal Law Gazette No. 259. as ,ullended. 
57. Where, in the course of judicial proceedings, it becollles clear that the 
decision depends on the prelinlinary question as to whether the right to the 
mark alleged to have been infringed exists in accordance with this Act and 
where the court has stayed the proceedings until the prelinlinary question has 
been finally detennincd by the Patent Office. to which it has been Sublllilled IP/NIV A UT IT II 
Page 17 
hCrorl' or during thL' juuicial proceedings. sllch decision shall I"onn the basis 
or thL' judglllcnt. 
SlJ. Anyone infringing the provIsIons or an order issued pursuant to 
Scction 9 shall he punished by the district adlninistrative authority by a fine 
not e.\cceuing 1.000 schillings or with detention for a terln not exceeding one 
1l10lHh, In aggr~l\'ating cirCUlll~LanCCs these penalties Inay he ilnposed concurrently. 
()11 L'on\'iClion. confiscation or the goods concerned shall ahvays be ordered. 
I ,V, ~:lARKS AND ern-IER DISTINCTIVE SIGNS 
C)F FC)REICiN ENTERPRISES 
60. (I) f\1ar~s or enterprises \\,jth head offices abroad shall enjoy the 
prolL'l't i Oil () r t his /\ L't pro\' i deli t h at (llld so long as Inarks () r en terpri ses 
established in Austria enjoy. in the foreign State concerned and under thal 
State's la\\', the san1e protection as 1l1arks of enterprises estahlished in the 
foreign State and reciprocity is pro\'ided for hy an international agrel'lncnt 
or by a notice to h~ published hy the Federal Ministcr of Econolnic Affairs 
in thL' 1':L'der~d (ia/L'lle. 
(2) SUhSL'ctioll (I) shall also apply to tilL' llallleS, trade 1l~lllleS or special 
dl'sit!I1~lli()lls or ellierprises esulhlishcd ahroad. 
Y. REPRESENTA'rIYES 
61. (I) Anyone acting as a representative hefore thc Patent Office or 
before thc SUprCI11l' Patent and Tradclnark Challlhcr shall be resident in 
Austria: hO'vvl'vcr. profcssional laws and regulations apply to <Itlorncys at law. 
p~lleJlI ~Itl()rneys and notaries. 'rile representative shall prove his authorization 
hy producing the original written po\vcr or attorney or a ccrti fied true copy 
thereof. If a po\ver or attorney has been granted to a plurality of persons. 
each 111ay solely act as a representati ve. 
(2) I r an attorney at law. patent attorney or notary acts as a representati ve, 
he 1l1ay refer to the authorization' granted to hi III without actually producing 
doculncntary evidence. . 
(~) I f a representative acts without a power or attorney or. in the event 
of suhsection (2). without referring to thl' authorization granted to him, the 
action in the procecdings taken by hinl shall be valid only on condition that IP/NIlIAUT/TI 1 
Page 18 
he submits a proper power of attorney or refers to the authorization granted 
to him within the reasonable time lilnit prescribed therefor. 
(4) Anyone having neither residence nor place of business ill Austria Inay 
clailTI rights under this Federal Act before the Patent Office only if he is 
represented by a representative who cOlnplies with the requirclTIellts of suhsection 
( I). He Inay clailll such rights hefore the Appeals Division and hefore the 
Nullity Division of the Patent Office and before the Suprenle Patent anJ 
Tradelnark Chanlber only if he is representeu by all attorney at hl\v. p~ltellt 
attorney or notary. 
(5) The authorization granted to all attorney at law. patcnt attorney or 
notary to act as a rcpresentative bcfore the Patcnt Officc shall clnpowcr hill) 
hy law,.to exercisc all rights undcr this Federal Act hefore the Patent ()rricl' 
and before the Suprctne Patent and Tradcllli.lrk Chatnher. in particular to rik 
lrauetnark applications, to withdrav.; applicatiolls. to vvaive tratielnark rights. 
to file and withdraw petitions or appeals to he dealt with l"ly the Nullity 
Division, to conclude cornprollliscs, accept scrvice of dOCLltnCnls of any kind 
and receive paynlent of official fees and of the cost of proceedings and 
representation from the adverse party and to appoint an agent. 
(6) The authorization pursuant to subsection (5) lllay be limited to a particular 
protective right and to representation in particular proceedings. However. it 
shall not expire on the death of the principal or as a result of a change in his 
legal capacity. 
(7) If a representative other than an attorney at law. patcrit attorney or 
notary is to have also the power to waive a tnark in \-vhole or in part. he tnust 
he expressly authorized to do so. 
VI. COLLECTIVE MARKS 
62. (I) Associations having legal personality and pursuing econonlic 
purposes Inay, even if they do not own an enterprise intended for the trading 
of goods or the provisions of services, file Inarks which are to serve for the 
identification of goods or services in the enterpri se of the i r nlernbers 
(collecti vc Inarks). 
(2) Public legal entities shall be in the saIne position as the associations 
referred to in subsection (I). 
(3) The provisions of this Federal Act shall apply IIlll/0lis Jlllllolldis to 
collective rnarks unless otherwise provided in Sections 63 to 6X. In particular, 
the legal cffects provided for in Sections 4(2) and ~ I or this Act and in Section 
9()) or the Federal Act of 19X4 Against Unfair COlllpetilioll. Federal Law Cial.eUe 
No. 448 as amended, shall be applicable in favour of unregistered Inarks where IP/N/lIAUT/T/l 
Page 19 
the Inark is recognized in the trade concerned as distinctive of the goods or 
sen'ices of the rllell1bers of an association. 
63. (I) The application for a collective Inark shall be accompanied by statutes 
stating the natne. headquarters. ohjects and representatives of the association, the 
Ik'rsolls authori/ed to lise the collective Inark. the conditions governing sllch lise. 
\\'ithdrawal of tlK' right of use if the collective mark has been Inislised anu the 
rights and duties or tIH('lllernbers where the collective Il1llrk is infringed. 
Subsequent amendments shall be C01l1llHInicated to the Patent Office. They shall 
be binding 011 third parties only as from the day following SLlch coml11unication. 
Till' sWtutes and any atnendn1l'nts thereto shall he suhtnitted in duplicatc. Anyone 
Ilwy inspect the ~tlltLltes. 
(2) Thl\application fee rorcollecli,'c tnarks shall he rouI" lil11l's the application 
ke provided for ill Section 1 X( I). and the fcc for the period ur prolection and 
the fcc for rL'lle,\'~t1 shall be ll'n titlles till' ke for the period or protection provided 
1'01' i 11 Sect ion I X( 2). 
64. \Vhen registering collective rnarks. the Patent Office shall enter the particulars 
prescrihed in Section 17( I) in the Tradenlark Register and in the certificate to be 
issued to the party in question. with the following supplctllcnts and tnodifications: 
I. addition of the words "collective 1l1ark" under t.he registration nunlher: 
2. reference to the statutes and their datl'. 
65. The rights deri\'ed fro 111 filing or registration of the collective mark shall 
not be transrerahk, 
(,6. Without prejudice to other provIsIons governing cancellation or Inarks 
(Section 62(3)). a collective nUlrk shall be cancelied: 
I. where the association for which the Inark has been registered no longer 
exists: 
.., where the association pernlits or tolerates the use of the collective mark in 
a IHanner contrary to the objects of the association or to its statutes. In 
particular. use of the collective (nark in a (nanner likely to mislead trade 
circles or toleration of the lise of the Illark hy persons who are not Jnelnbers 
of the association shall he rcgarued as sllch JnislIse, 
67. The right or the association. in acconJance with the provisions in force. 
to cOlllpensation for unauthorized use of its collective (nark shall also extend to 
~Iny loss sustained hy a (llC(l1her. 
6X. Sections ()O and 61 shall apply IIIII/O/is 1I11I/alltlis to collective Illarks of 
associations estahlished ahroad and of foreign public kgal entities (foreign collective 
(narks). IP INI 1 I A UT IT 11 
Page 20 
VII. PROHIBITION OF UNAUTH()RIZED REPRESENTATION 
69. (I) Anyone \v!ln. in 111~ltlers rel~ltil)g to the prutcctiol1 or tr~ldcll1~lr~:-,. 
pro fcss i olla II y 
I. prepares \vrilten petitions or doculllents for proceedings before Alistri~111 
or foreign authorities. 
I gi ves in fortnat i()Il. 
3. represents partics before Austrian authorities. or 
4. olTers to conduct any or the activities referred tt) in para. I to ~. 
without bcing authorizcd in Austria to represen~ parties professionally in sllch 
nl~ltlers. shall he guilty or lIn~lll(hori/L'd legal rL'prl'sellt~lIi()n and shall he li:lhk 
to a firle not excecdi ng ATS (10.()()(). 
VIII. SPECIAL FEES 
70. (I) Contributiolls to the cest or printing as \vell as special fees for 
()Ilicial doclInlcnts. puhlications. certificates and attestations (IS \vell as fur 
extracts 1'1'0111 the register nlay be provided for by ordinance. In the dl\tennill~lti()11 
or all y fee. wh ich sha II not e x<.;eed ATS 1.200. aCCOLIIl t shall be taken of till' 
Llhor and 111atcrial reqllireu for the official service involved. To the extent to 
\Vh ich fces depend 011 the n 1I11l ber of pages or sheets. Section 166( I ()) or till' 
Patents Act 1970. Federal La\v G,vctle No. 2)0. as anlcnded. shall apply 
IIIUI([lis Illillandis. 
(2) Petitions for official publications and petitions \vhich nlay be accep~ed 
only after official publication under a regulation governing lradelllark la\\' 
shall he refused if the relevant fees or contrihutions lO the cost of printing 
have not been paid. 
IX. 1~1PLErvlENT;\TI()N AND I':NTR'r' INTC) I;()RCI: 
71. The follo\ving shall bc responsible ror illlpiclllcllling this Act: 
I. with respect to Sections 10. lOa. 12 to 14. 2] llnd 57 the Fcdcr~tI 
Minister of Econolllic Affairs and the Federal Minister of Justice, 
I \vith respect to Section 6 (2) the Federal Minister of Ecol1olnic Affairs 
in agreclllell t wi lh tile Federal Mill ister of Foreit!11 A frai rs, 
] with respect to Sectiolls 51 to 56 and Section 67 the Federal tv1illistcr 
)f Justice. IP/NI 11 A UT IT II 
Page 21 
-L with respect to Section 70 ( I) the Fel1eral j'v1inisler or Econonlic Affairs 
in agn:clllcnt \\'ith the Federal f\1inistcr of Finance. 
). with respect to all other provisions the f-ederal Minister of EC0l10111ic 
!\ Irai rs. 
72. (I) Section I X (I), (2) and (4). Section -to (I). Sections 42. 61, 6tJ 
(I). Section 70 ~IS \vell as the ,l-itle or P~lrl IX as (Ill1Clllkd by thc Federal Act 
Federal L,I\V Cia/.ette No. 41 XI 1<)<)2 shall enter into force as of the beginning 
or the fOllrth 1110nth following the prollllilgatioll or lhe Federal Act Federal 
1.\1\\' Ga/.L'tte No. 41 ~I 1992. 
(2) Sectioll-l (I) para. 2. Sections 9. lOa. 16 (2). Section 17 (-+). Sections 
I~. 22 C~). Sl'FtiPlls 26, 2X (2). Sectiolls 30. 30a. 31 (3). Sections 32.3.1. 
33a (3) and ()), Sections 33h, .1.1c . .17.42.60 (I). Section 62 (~). Sections 
70. 71 and 72 ( I ) as arnended by the Federal Act Federal Law Gazette No. 
77J/I()<)2 shall enter into forcc at the salllC tillle as the Treaty 011 the European 
I :C( lllOlll ic i\ rca. 