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2026 Edition
Patent prosecution
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Puchberger & Partner
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Schwarz & Partner
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Wildhack & Jellinek
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Kliment & Henhapel
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Anwälte Burger und Partner
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Trade mark prosecution
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SONN
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Schönherr
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Brauneis
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Taylor Wessing
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Wiltschek Plasser
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UPC litigation
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Gassauer-Fleissner
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Puchberger & Partner
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Torggler Hofmann
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In major recent developments, a confidentiality request was rejected, Samsung and its representative A&O Shearman secured a partial win, and EIP made a new hire
Ten years ago the Austrian Supreme Court decided a case concerning Mazda and a tuning company. The tuning company had offered its chip tuning parts for a range of cars. It also named on its website the car types for which it offered these chips. For that it used the cars’ word marks and the figurative marks (logos).
The general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods.
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MIP Sponsored

  • Sponsored by Sonn & Partner
    The case reported here concerns the application for registration of a word mark GROOVE in relation to "condoms" (class 10).
  • Sponsored by Sonn & Partner
    The opponent in the case discussed in this article has owned the word mark SEVEN since 2009 and the word and design mark 7seven in a fancy script since 2014. He opposed the registration of the word mark ROOM SEVEN. All these marks were registered for identical goods in international Class 18 (bags). Among other reasons, the defendant stated that the word mark SEVEN was not used during the last five years and that he has used the mark ROOM SEVEN since 1995 in several European countries including Austria without problems. This conflict has already led to decisions in several countries. For example, the Cour d'appel de Paris did not see any danger of confusion in its decision of September 26 2017 since ROOM SEVEN will be seen by consumers as a combination in which the word SEVEN has no particular importance.
  • Sponsored by Sonn & Partner
    Both parties are owners of registered EU trademarks consisting of the letters MK in different designs, with the additional wording "illumination". The plaintiff, an Austrian company has a business concerned with decorative illuminations in Austria and abroad. The defendant, a Czech company, is selling, lending, delivering and installing decorative illuminations and illuminated commercial signs. The defendant's EU registration is younger than that of the plaintiff.