Trademarks Law in Hungary
Trademark law in Hungary is governed by the Act XI of 1997 on the Protection of Trademarks, administered by the Hungarian Intellectual Property Office (HIPO). Hungary is also a member of the Madrid Protocol, enabling international trademark protection through the World Intellectual Property Organization (WIPO).
📄 Trademark Registration Process
Application Submission: Applicants must file a trademark application with HIPO, providing:
A clear representation of the trademark
A list of goods and/or services according to the Nice Classification
Applicant's details (name, address, nationality)
A Power of Attorney (simply signed)
A certified copy of the priority document, if applicable
Examination: HIPO conducts both formal and substantive examinations to assess compliance with legal requirements and potential conflicts with existing trademarks. A search for prior trademarks is automatically performed, and a search report is provided to the applicant
Publication and Opposition: If the application passes examination, it is published in the Official Bulletin. Interested parties have a period to file oppositions:
Three months from the publication date .
Registration: If no opposition is filed or if any opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued .
⏳ Duration and Renewal
Initial Registration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for successive 10-year periods upon payment of the renewal fees.
Grace Period: A six-month grace period is allowed for late payment of renewal fees .
⚖️ Use Requirement and Cancellation
Use Requirement: A trademark must be used within five consecutive years from the registration date.
Cancellation: Non-use for five consecutive years renders the trademark vulnerable to cancellation by any interested party .
🌍 International Protection
Madrid Protocol: Hungary is a member of the Madrid Protocol, allowing Hungarian trademark holders to seek international protection in over 100 countries by filing a single application through WIPO .
🛡️ Enforcement and Infringement
Registered trademark owners in Hungary have the right to take legal action against infringements, including:
Seeking a court declaration of infringement
Requesting cessation of the infringement
Demanding damages
Requesting the seizure of infringing goods
Seeking measures by customs authorities to prevent the circulation of infringing goods .
✅ Summary
Hungary offers a structured and efficient trademark registration system under Act XI of 1997, with a 10-year initial protection period, renewable indefinitely. The adoption of the Madrid Protocol enhances international trademark protection capabilities. Trademark owners must ensure active use within five years to maintain their rights.
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