COUNTRY : HUNGARY
CAPITAL : BUDAPEST
LANGUAGE : HUNGARIAN
MEMBER : PARIS CONVENTION, WTO -TRIPS, BERNE CONVENTION, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, TRADEMARK LAW TREATIES, PCT, WIPO
The Intellectual Property Rights Office of Hungary is known as the HIPO.
PROTECTION OF TRADEMARKS IN HUNGARY:
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in Hungary, there are three options from which the applicant can choose.
• Non-descriptive of the goods and / or services
• Not be a well known term in the line of business, trade channels of the applicant
• Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders.
Filing is done with the Trademark office of Hungary.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the application is filed, a Preliminary (formality) examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks followed by substantive examination.
Third parties can file their opposition regarding registrability of the trademark which will be taken into consideration during examination.
Post examination, Registrar is to inform the applicant regarding changes to be carried out if any.
Once accepted for registration, the trademark is published in the IP journal. Third parties may file their opposition if any to the trademark application.
Once the trademark is accepted for registration, the trademark office enters the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration.
Post Filing: Failure to use the trade mark post registration for 5 yrs. continuously could lead to premature termination of the mark.