In principle, any sign that is capable of being represented graphically can be a trade mark, provided that it is able to distinguish the goods or services of your company from those of your competitors. However, there are certain requirements for protection:

• A trade mark may not be descriptive, i.e. it may not contain any indications concerning the properties, the quality, the type or place of manufacture or the purpose or value of the product. Descriptive signs belong to the public domain, so must remain available to everyone equally and may not be monopolised.
• A trade mark may not mislead with regard to the characteristics of the goods or services (e.g. the origin, quality or properties).
• A trade mark may not be contrary to public policy or morality. This means that a sign may not offend moral or religious sensitivities.

A trade mark will only be registered if it fulfils all of the requirements for protection. In addition, all goods and services must be correctly classified. (Modifying the trade mark application)

Due to the multilingualism of the country, we always examine signs filed on the basis of all three national languages as well as English.

We don't examine the application to see whether there is a likelihood of confusion with a trade mark already registered. Applicants have to ensure that their trade mark does not infringe older IP rights by carrying out an appropriate search, for example. (Trade mark searches)

Please note that as the owner of a trade mark, you must also conform to other legislative regulations, particularly the laws on foodstuffs, therapeutic products and narcotics. We examine trade mark applications without knowing the exact properties of the product or service for which you want to use the trade mark.

Trade marks can also come into conflict with domain and company names (see information leaflet on conflicting signs). We therefore recommend that you check to see whether identical or similar signs have already been registered in the relevant registers before applying to register your trade mark. To do this, refer to the Federal Commercial Registry Office (in German, French or Italian) or a search specialist.