Mag. Balazs Esztegar LL.M.
Attorney-at-law Vienna

Piaristengasse 41/10
1080 Vienna, Austria
Tel. +43 1 997 4102
Fax +43 1 997 4102-99

Application for motion and multimedia trademarks

Since January 2019, it has been possible to register an animated logo as a trade mark. The Austrian Patent Office as the trade mark authority has changed the online application system for this purpose. As a result, it is now also possible to apply for digital registration of motion and multimedia trade marks.

According to Section 1 of the Trade Mark Protection Act, trade marks may be signs of any kind, in particular words, including personal names, or images, letters, numerals, colours, the shape or packaging of the goods or sounds, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and are represented in the trade mark register in such a way that the competent authorities and the public can clearly and unambiguously determine the subject matter of the protection granted to their proprietor. Although words, symbols or logos or combinations thereof still represent the most frequent trade mark applications and the word mark, the word-picture mark and the figurative mark will probably also represent the predominant types of trade marks in the long run, the legal definition certainly allows to think outside the box when filing a trade mark application. The prerequisite for trade mark protection is therefore on the one hand the distinctive character, i.e. the distinctiveness of the sign, but on the other hand also the possibility of clear representation.

Due to the change in the online application system, it is now also possible to apply for motion marks (changes in the position of the mark elements) and multimedia marks (combination of image and sound) online and thus digitally. In addition to faster registration, online registration also saves fees: Online filing is EUR 20.00 cheaper per application than filing on paper. By the way, this applies to all types of trade marks.