Application success rate in Austria: 5-year trend
Austria has maintained a consistently high trademark application success rate over the past five years, averaging 84.67%. Notably, 2023 saw a significant jump to an impressive 98.66%, reflecting recent procedural improvements.
Applications filed in | Registered | Filed | Success rate |
|---|---|---|---|
2019 | 5,077 | 6,203 | 81.85% |
2020 | 5,001 | 6,218 | 80.43% |
2021 | 5,268 | 6,465 | 81.48% |
2022 | 4,106 | 4,728 | 86.84% |
2023 | 3,821 | 3,873 | 98.66% |
Total (average) | 23,273 | 27,487 | 84.67% |
Comparison to major IP Offices in the region
With an average success rate of 84.67%, Austria stands out as a favorable jurisdiction for trademark protection. It performs significantly above the global average, beating out larger IP markets such as the EUIPO (90.80%) and USPTO (56.91%).
It also compares favorably to several neighboring European IP offices, including Germany (71.38%), Switzerland (80.43%), Slovakia (80.48%), and Hungary (76.05%). Find out more about how this trademark office compares globally in our full report on trademark success rates worldwide.
Country | Office code | Success rate |
|---|---|---|
Austria | OPA | 84.67% |
Germany | DPMA | 71.38% |
Slovakia | IGE-IPI | 80.48% |
Switzeland | SKIPO | 80.43% |
Hungary | HIPO | 76.05% |
The European Union | EUIPO | 90.80% |
The United States | USPTO | 56.91% |
Several factors contribute to Austria’s consistently high trademark application success rate:
Clear and Harmonized Examination Practices: Austria aligns closely with EUIPO guidelines and international trademark standards, providing applicants with predictable and transparent examination procedures.
Efficient Examination Process: The OPA benefits from a well-resourced examiner team and digitalized filing and examination systems, allowing for timely processing and fewer procedural errors.
High Applicant Preparedness: Many applicants, especially businesses operating in the EU, engage qualified trademark attorneys familiar with Austrian and EU trademark law, reducing filing mistakes and improving application quality.
How to maximize your chances of registration success in Austria
Despite a relatively high success rate of 84.67%, registering a trademark in Austria requires some preparation and understanding of OPA procedures. To improve your likelihood of approval, it’s recommended to begin with a comprehensive trademark search to identify any potential conflicts. Ensure that your mark is distinctive and not merely descriptive, and clearly define the goods and services associated with your application.
Working with a qualified trademark lawyer is one of the most effective ways to increase your chances. A trademark lawyer can help navigate the complexities of the OPA process, respond effectively to Office Actions, and build a solid filing strategy from the start.
If you are currently preparing to submit your first trademark application, we’ve put together a detailed guide on how to strengthen your chances of success, with multiple pieces of advice directly from our trademark lawyers with years of experience. You can also take advantage of Trama’s free lawyer’s check to receive expert feedback on your trademark and guidance on the best steps forward.
