hipo.gov.hu Trade Mark Registration Procedure : Hungarian Intellectual Property Office

Organization : Hungarian Intellectual Property Office
Type of Facility : Trade Mark Registration Procedure
Country: Hungary

Website : http://www.hipo.gov.hu/English/vedjegy/

Trade Mark Registration Procedure :

A trade mark is any sign which is capable of being represented graphically and which can in the course of trade, distinguish the goods or services from those of other undertakings.

Related : Hungarian Intellectual Property Office Trademark Search : www.statusin.org/9280.html

Such signs may include words, including personal names, designs, letters, and the shape of goods and their packaging. It is a basic tool of the economic competition and plays very important role in marketing and advertisement.

What sort of mark can be trade mark protection obtained for?:
Signs which may be granted trademark protection:
** words, combination of words, including personal names and slogans,
** letters, numerals,
** figures, pictures,
** two- or three-dimensional forms, including the shape of goods or of their packaging,
** colours, combination of colours, light signals, holograms,
** sound signals, and
** combination of the previous signs.

Are all trade marks registrable?:
No. Registration is not allowed for marks excluded from protection by the law (absolute grounds for refusal and/or relative grounds for refusal) e.g.
** consist exclusively of signs which may in the course of trade, refer to some characteristic, e.g. the kind, quality, quantity or intended purpose of the goods or services;
** are customary in the current language or in the practices of trade;
** consist of a shape which results from the nature of the goods;
** may deceive consumers as to the nature, quality or other characteristics of the goods or services;
** are identical with or similar to, a mark already on the register in respect of the same goods or services, or similar goods or services;
** are identical with or similar to a mark having a reputation in the country in respect of even dissimilar goods or services;
** are identical with or similar to a mark which is well-known in the country even if the mark is unregistered.

Trade Mark Registration Procedure:
(a) Date of filing:
The application shall contain at least an indication that trademark protection is sought, information identifying the applicant, the sign and the list of goods, even if not in compliance with the other requirements.

(b) Application fee:
Payable within a time limit of two months after the date of filing, this time limit may not be extended.

(c) List of all goods in Hungarian language:
It shall be filed within four months after the date of filing; this time limit may not be extended.

(d) Examination:
When a date of filing is accorded, official information on certain data of the application is published. Observation may be filed by third parties as to the registrability of the trademark. The person making the observation, shall, however, not be a party to the procedure. The Patent Office carries on ex officio the examination as to formal and substantive requirements (grounds for refusal) and has to take into consideration the observation.

(e) Amendment:
The application cannot be amended with regard to a change of the trademark or the broadening the list of goods.

(f) Division:
When an application contained more than one trademark, the applicant may divide the application, furthermore the application may be divided concernig certain parts of the list of goods, before the decision on the registration becomes final.

(g) Registration:
If the sign and the trademark application meet all the requirements of the Law, the sign shall be registered as a trademark by the Patent Office and official information on the registration shall be published in the official journal.

(h) Court review:
Decisions of the Patent Office in trademark matters are subject to review by the Court.

What can be done when the registration is infringed?:
The registered owner of the trade mark has the right to take legal action and claim
** the declaration by court of the infringement;
** the cease of the infringement;
** satisfaction from the infringer e.g. by way of a declaration, made public if necessary;
** surrender of the enrichment obtained by infringing the registration;
** communication of data concerning the infringement;
** seizure of means used for infringment and of infringing products;
** measures by the customs authorities to prevent free circulation of infringing goods;
** damages.

How long does trade mark protection last?:
For 10 years beginning on the filing date of the application, which may be extended through further periods of 10 years on the registered owner’s request.