A symbol, a distinctive mark, words, or a combination thereof may be registered as a trademark in Hungary under Act IX. of 1969 on Trademarks.
The Hungarian Patent Office must receive the application (“HPO” Magyar Szabadalmi Hivatal). The HPO has the power to adjudicate in negative pavement proceedings, examine trademark applications, register trademarks, extend the duration of trademark protection, cancel trademark protection, and adjudicate in any other trademark-related proceedings not subject to the jurisdiction of the Metropolitan Court of Budapest.
A private or legal person who resides in Hungary or has a registered office there may submit an application to have a trademark registered there. However, a foreign corporation may only submit its application through an attorney or patent attorney.
Trademark Registration Process
A number of steps must be taken to register a trademark in Hungary. One of the primary procedures for registering a trademark internationally is submitting an application to the Hungarian Intellectual Property Office or an international application form in accordance with the Madrid Agreement and Protocol. The application form must include a request for trademark protection and information on the applicant, the trademark in use, and the items it denotes. Foreign parties must choose a resident representative to handle the trademark registration processes.
Within two months of the application date, a fee must be paid. A list of all the products the trademark would cover must be made. It must be filed in Hungarian within four months of the application date. The details of the trademark request will be made public after the filing date is approved. Third parties may object to the registration during its publication, and the Hungarian Patent Office will review the form to determine whether any grounds for denial exist.
The application cannot be changed or amended; it must be acknowledged. All modifications or divisions of the goods the trademark will be registered for must be made before the application is filed, should the owner wish to register more than one trademark. The process, which can take up to 18 months from the time of application, involves confirming your trademark’s distinctiveness.
The publication of your trademark in the Szabadalmi Közlöny es Vedjegyertesito, or the Intellectual Property Office in Hungary, confirms that the certification has been issued. The trademark is registered by the Patent Office and published in the Official Gazette if the application is valid, unopposed, and complies with all legal requirements.
Period to Oppose
Formal examination, substantive examination, and a search for prior trademarks are all automatically carried out by the Hungarian Intellectual Property Office. The opposition may be filed within three months after the publication date.
Validity Period
The term of trademark protection is 10 years from the filing date. The length may be extended for additional 10-year intervals. A renewal request must be made at least six months before the expiration of the trademark’s validity or within the grace period following that expiration, with payment of an additional late renewal charge.
Requirement of Use
Following a grace period of 5 years from the date of registration, trademarks may be subject to cancellation on the grounds of non-use in relation to all or some goods or services if the use of the mark was not commenced or the mark was not used for 5 years in a row.
Also, get in touch with us for Patent registration in Hungary.