HUNGARY

• Kinds of Trademarks registrable in HUNGARY

  • Following indications may be used as Trademarks in Hungary:

    1. Words, combination of words, including personal names and slogans,
    2. Letters, numerals,
    3. Figures, pictures,
    4. Two- or three-dimensional forms, including the shape of goods or of their packaging,
    5. Colours, combination of colours, light signals, holograms,
    6. Sound signals, and combination of all of the above

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in HUNGARY

  • Trademarks must contain the following essential requirements to be registrable in Hungary:

    1. Distinctiveness
    2. Non-descriptive of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in HUNGARY

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Hungary:

    1. Trademarks that 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;
    2. Trademarks that are customary in the current language or in the practices of trade;
    3. Trademarks that consist of a shape which results from the nature of the goods;
    4. Trademarks that may deceive consumers as to the nature, quality or other characteristics of the goods or services;
    5.  Trademarks that 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;
    6. Trademarks that 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
    7. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    8. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    9. Trademarks that consist exclusively of shapes resulting from the nature of goods themselves, or necessary to obtain technical results.

    TrademarkCopia through its associate Law Firms and Lawyers in Hungary is at hand to help you with trademark registration and prosecution.

• Trademark Search in HUNGARY

  • 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.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Hangarian Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Hungary.

• Trademark Filing in HUNGARY

  • Filing is done with the Trademark office of Hungary.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in HUNGARY

  • 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.

• Trademark Publication & Opposition in HUNGARY

  • Once accepted for registration, the trademark is published in the IP journal. Third parties may file their opposition if any to the trademark application. If the trademark application does not encounter any opposition, the trademark is then registered and Certificate of registration issued.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Hungary can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in HUNGARY

  • 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.

    Trademark registration in Hungary is valid for 10 years from the date of registration after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    1. Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in HUNGARY

  • Post Filing: Failure to use the trade mark post registration for 5 yrs. continuously could lead to premature termination of the mark.

• Trademark Cost of Registration in HUNGARY

  • Please write mail for the cost of registration of trademark in Hungary or European Union to the mail address given below:

    contact@trademarkcopia.com