English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
No. The mark is protected only in Hungary.
Yes. A power of attorney is necessary for the completion of application.
Yes. There are benefits to pre-filing use of the mark as long as proof of prior use can be provided.
- It demonstrates the distinctiveness of the mark
- It helps the applicant overcome disputes on the basis of non-distinctiveness
- It helps the applicant in bringing cancellation to a later mark
Yes. Non-use of a registered mark will eventually result to cancellation.
Marks that can be replicated graphically and can help the public distinguish the good/service from others are registrable.
- Word
- Device
- Name
- Hologram
- Sound
- Trade dress
- Shapes having 3 dimensions
- Slogan
- Color
The procedures in applying for trademark registration is as follows:
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Examination – The application will be examined in terms of:
- Compliance with requirements
- Classification of goods/services
- Clarity of description
- Descriptiveness (mark must not be used solely to describe the goods/services)
- Distinctiveness (mark must distinguish the good/service from others)
- Deceptiveness (mark must not mislead as to the good’s geographic origin, nature, quality, etc.)
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Publication – Information about the application will be published. This is done to make opposition available to third parties.
- Mark
- Name and address of applicants
- State/country of incorporation of applicants
- Number of application
- Date of application
- Goods/services
- Information about priority claim
- Trademark representation
- Registration – If the examiners accepted the application and all oppositions are defeated, the registration will be granted by the trademark office of Hungary
Hungary trademark laws prohibit these marks from becoming registered:
- Marks that are not compatible with moral standards or against public order
- Marks that have a generic or broad meaning
- Marks that include names/flags/symbols of international organizations or states/regions/nations without consent from proper authorities (registrable if consent is given)
- Surnames
- Geographic location names
Yes. Hungary uses the Nice Classification system. If the trademark will cover multiple classes of goods/services, a single application will suffice.
Yes. Hungary is EU (European Union) member. Thus, Community Trademark (known today as European Union Trade mark) registration is applicable in Hungary.
Yes. The home country filing date can be accredited as the filing date in Hungary if:
- Home country is a party to the Paris Convention
- Home filing date is less than 6 months from the filing date in Hungary
- Home country is a party to the WTO (World Trade Organization)
- International registration can be based in Hungary
The mark must be used within 5 years from the date it was registered. The number of use is measured on a business scale and use must happen in this jurisdiction.
Registered marks in Hungary are valid for 10 years starting on the application date.
The first renewal will take place 10 years from the date the application was filed.
Yes. Unregistered marks are legally allowed to be used for goods and/or services.
It is mandatory to register a trademark to secure ownership and legal rights.
The trademark office of Hungary has a website. It can be accessed at this URL: www.hipo.gov.hu
No. This jurisdiction does not mandate applicants to use the mark before filing the application for registration.
Applications can be opposed on the following grounds:
- Proprietary rights
- Conflict with a notorious mark
- Breach of copyright
- Conflict with a trade name
- Registration using the agent’s name
- Conflict with a company name
- Conflict with a registered design
- Conflict with a personal name
- Conflict with an unregistered similar mark that was used at an earlier time
- Bad faith
The registration can be opposed by:
- Interested parties
- Owner of earlier rights
- Licensees
A registration can be cancelled on the following grounds:
- Proprietary rights
- Breach of copyright
- Bad faith
- Unsatisfied use requirements under Section VIII.A
- Marks banned in Hungary
- Use of mark in a deceitful manner
- Inclusion of a public badge or emblem
- Contradiction with moral principles and public policy
- Use of a geographical indication
- Mark is common or generic
- Personal name rights
- Registered design rights
- Trade name rights
- Use of protected armorial bearing, flag or emblem
- Mark is functional, not distinctive, misleading, deceptive, disparaging, or deceptive
Yes. The owners of a registered trademark establish these rights:
- Exclusive right to use the mark
- Right to object to later conflicting applications
- Right to appeal against conflicting registrations to be cancelled
- Right to take a legal action against anyone that infringes the mark
- Right to demand for payment from third parties that infringed the mark
- Right to license and authorize third parties to use the mark
- Right to appeal for the seizure of importation of fake goods
The opposition period opens at the date of publication and closes 3 months after that date.
Yes. Hungary is a party to international treaties, Madrid Protocol and Madrid Agreement.
No. It is not a requirement to present a periodic statement of use.
Renewals of trademark in Hungary are done every 10 years.
The first renewal will take place 10 years from the date the application was filed.
If the applicant’s home residence is outside EU, a power of attorney is needed.
After the trademark’s expiry date, it is still possible to renew it because a grace period of 6 months is available.