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Trademarks
European
Hungarian trademark registration
Overview of Hungarian Trademarks
1. The current trademark law in Hungary is Law No. XI of 1997, which came into effect on July 1, 1997. This trademark law replaces the old law that has been in use since 1970 and applies to applications submitted after July 1, 1997.
2. In Hungary, the principle of prior registration of trademarks is adopted, and the prior user of a well-known trademark is granted certain rights. The prior user of a well-known trademark may prevent the registration of another trademark or may result in the revocation of the registered trademark.
3. Official language: Hungarian
4. The Hungarian trademark adopts the Nice classification and accepts multiple types of applications. The elements that can be registered as trademarks include: text, letters, graphics, numbers, slogans, color combinations, three-dimensional shapes, sounds, etc.
Application

Hungary is a party to international intellectual property treaties such as the WIPO Convention, Paris Convention, Nairobi Treaty, TRIPS Agreement, as well as a member of the European Union and the Madrid Agreement and Madrid Protocol. Therefore, trademark registration in Hungary can be processed through "single country registration", "EU registration" or "Madrid International Registration".

Validity period and renewal

The validity period is 10 years from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months (with additional fees) and a validity period of 10 years.
If a trademark has not been used for five consecutive years, an application for revocation can be filed.

Required Materials

1. Applicant's name and address

2. Goods or services

3. Trademark design

4. Power of Attorney

5. To submit priority, proof of priority must be provided

Application process
01
Submit application

Applicant qualifications: The applicant for trademark registration can be a natural person, legal person, or other organization. The applicant can be a natural person or a legal person;
Category of registration: Hungarian law stipulates that the main purpose and purpose of a trademark is to protect it within its territory. Applicants can choose the category of registration, but if they want to register a trademark on all goods and services, they must specify a specific category. At present, there are 35 categories in Hungary, which can be divided into two categories: goods and services.

02
examination for trademarks

After receiving a trademark application, the Hungarian Trademark Office will conduct a preliminary examination and then publish it for a period of 3 months. After the trademark passes the examination, it will enter the substantive examination stage. For applications that do not comply with the provisions of the Trademark Law or do not have legality or reasonableness, the Trademark Office will reject them and explain the reasons. If the applicant disagrees with the rejection decision of the Trademark Office, they may apply for a review to the Hungarian Trademark Office.

03
Notice

In the Hungarian trademark registration process, the announcement period is two months from the date of application. The applicant shall respond within one month after receiving the announcement notice. If the applicant does not respond, the application will be deemed abandoned and will not affect the registration of the trademark. But there is a three-month objection period during the announcement period. If the applicant has objections to the announcement, they can file an objection with the National Trademark Office, which should respond within 10 days. If the objection is established, the trademark registration application will be rejected and a "Notice of Rejection" will be issued to the applicant. If the objection is not established, the trademark is deemed to have been automatically registered and can be used in Hungary.

04
approval of registration

The Hungarian Intellectual Property Office will send the registration certificate of the trademark to the applicant.

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The professionalism and experience of our attorneys, who are familiar with local patent laws and fluent in the local language, increases the chances of a one-time examination. We endeavour to gain an in-depth understanding of each case and build a strategy to deal with it on a case-by-case basis.
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