Hungarian Trademark Protection System
In Hungary, a trademark refers to any symbol that can be represented graphically and can distinguish goods or services from those of other businesses in the trade process. These signs may include text, personal names, patterns, letters, and shapes of products and packaging.
Trademarks are a fundamental tool for economic competition and play a very important role in marketing and advertising. Without the permission of the registered trademark owner, others shall not use a trademark that is identical or similar to the registered trademark on the same or similar goods and services, shall not sell counterfeit trademark products, and shall not provide convenience for trademark counterfeiting.
HIPO Introduction to the Hungarian Intellectual Property Office
The Hungarian Intellectual Property Office (HIPO) is the competent authority responsible for intellectual property protection, established in 1896. According to Hungarian regulations, its responsibilities and powers include:
Responsible for official review and procedures in the field of intellectual property;
Fulfill copyright and certain duties related to copyright;
Carry out activities related to intellectual property and central government information and documents;
Participate in matters related to the preparation of intellectual property legislation;
Develop and implement government strategies to protect intellectual property rights, and initiate and implement necessary government measures for this purpose;
Fulfilling professional responsibilities for international and European cooperation in the field of intellectual property;
Evaluate official and expert tasks related to research and development activities;
Fulfill and support registration tasks related to tax reduction requests for start-up enterprises.
website： www.hipo.gov.hu
Telephone：+36 1 312 4400
Fax：+36 1 474 5534
E-mail：hipo@hipo.gov.hu
address：H – 1081 Budapest, II. János Pál pápa tér 7. Hungary
Introduction to Trademark Registration in Hungary
3.1 A symbol that can be used as a trademark
Hungary grants trademark protection to any symbol that can be represented graphically, as long as it can distinguish goods or services from those of others. The symbols that can be granted trademark protection include:
3.1.1 Text and text combinations, including personal names and slogans;
3.1.2 Letters and numbers;
3.1.3 Image and pictures;
3.1.4 Two dimensional or three-dimensional shapes, including the shape of goods or packaging;
3.1.5 Color, color combination, optical signal, hologram;
3.1.6 Sound signal;
3.1.7 Combination of the above items.
3.2 Collective trademarks and certification trademarks
Hungarian trademarks can be divided into ordinary trademarks, collective trademarks, and certification trademarks.
Collective trademark refers to a trademark that can distinguish goods or services from those of other enterprises by the quality, source, or other characteristics of goods or services from member enterprises of an association, public body, or union.
A certification trademark refers to a trademark that distinguishes goods or services using a certification trademark from other goods or services by proving a certain quality or characteristic. The trademark holder is not allowed to use the certification trademark for authentication, but authorizes the enterprise to use it for goods or services that meet the specified quality requirements or have corresponding features.
3.3 Reasons for not being able to obtain trademark protection
According to Article 2-3 of the Hungarian Trademark Law, the absolute grounds for rejection of a trademark registration application include:
(1) The logo does not belong to the category of logos that can be used as trademarks.
(2) Lack of distinctiveness in the logo
If a mark does not have any distinctive features, especially if it consists only of marks that can be used in trade to indicate the type, quality, quantity, expected purpose, value, geographical origin, or production time of goods, services, or service providers, or to describe other characteristics of goods or services, or has become a customary term in current language or trade practices, it cannot be registered as a trademark.
However, if the mark gains distinctiveness through use before or after the priority date of the trademark application, it can be used as a trademark.
(3) If the shape of a product is caused by its own properties, or is necessary for obtaining technical effects, or can bring actual value to the product, the shape cannot be registered as a trademark.
(4) If a logo falls under the following circumstances, it shall not be registered as a trademark:
Violating public policy or recognized ethical principles;
May deceive the public in terms of the nature, quality, geographical origin, or other characteristics of goods or services;
Registration is a malicious application;
The logo contains any logo listed in Article 6-3 (1) of the Paris Convention for the Protection of Industrial Property (trademarks: prohibitions on national emblems, official inspection seals, and logos of intergovernmental organizations), or any other logo that affects the public interest, unless authorized by the relevant competent authority;
The symbol is only composed of symbols closely related to religious or other beliefs;
Contains geographical indications registered under Hungarian or EU law.
According to Article 4-6 of the Hungarian Trademark Law, the relative grounds for rejection of a trademark registration application include:
(1) Same or similar to the prior trademark
If the logo in the application is the same as a registered trademark under the same category of goods or services, it cannot be registered.
If the logo in the application is similar to a registered trademark, or if the similarity of goods or services may cause confusion among consumers about the source of the goods or services, the logo cannot be registered.
When goods or services belong to different categories, if the mark in the application is the same or similar to a prior trademark with reputation in Hungary, the use of the mark will unfairly exploit or damage the uniqueness or reputation of the prior trademark, and the mark cannot be registered.
If the prior trademark owner has not used their trademark in Hungary for five consecutive years, the application cannot be rejected on the grounds that the logo in the application conflicts with the prior trademark.
(2) Conflict with other prior rights
If the symbol in the application conflicts with the prior personal rights of others, especially with the rights of name and portrait, it cannot be registered.
If the logo in the application conflicts with other prior intellectual property rights, including the name of a protected plant variety, it cannot be registered.
(3) If a certain symbol has been used as a trademark in Hungary without registration, it is illegal for others to use the symbol without the prior user’s permission.
(4) The mark in the application cannot be registered if it is identical or similar to an expired trademark in the same or similar goods or services, and the expired trademark has not been expired for more than 2 years, unless the owner of the expired trademark has not used the trademark in Hungary for 5 consecutive years.
(5) If the agent of a certain brand files a trademark registration application for the brand in Hungary, it cannot be registered unless the agent can prove that their actions are legitimate.
3.4 Actual use of trademark
Article 18 of the Hungarian Trademark Law stipulates that if the trademark owner does not use the trademark in the goods or services specified at the time of registration within 5 years after the trademark registration, or does not use the trademark continuously for 5 years thereafter, the legal consequences arising therefrom shall be subject to this law.
However, the following two situations may constitute actual use of the trademark:
(1) The trademark used by the rights holder is inconsistent with the registered trademark, but the changes are limited to elements that do not affect the characteristics of the trademark;
(2) The rights holder adds a trademark to their goods or packaging within Hungary solely for the purpose of export.
In addition, if the rights holder authorizes others to use their trademark, it shall be deemed as the actual use of the trademark by the rights holder.
Hungarian Trademark Registration Procedure
There are three ways to obtain a valid registered trademark in Hungary: international registration through the Madrid System for International Trademark Registration; Apply for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO); Apply directly to HIPO to register a Hungarian trademark.
4.1 The process of directly applying for trademark registration with HIPO
4.1.1 Submit Application
Since September 4th, 2014, HIPO has been implementing the TMe Filing system for submitting trademark electronic applications.
The system was developed by EUIPO and its special feature is the ability to automatically conduct preliminary searches on the logos submitted by applicants, allowing them to immediately know if there are conflicting prior trademarks. In addition, the TMClass tool can help applicants establish a list of goods and services required for trademark applications based on the EU’s general classification.
Using this system, applicants do not need to download or upload PDF file, one click online submission of application form.
TMe Filing only provides a Hungarian interface and requires registration (Bejelentkez é s) before use.
4.1.2 Preliminary review
After the applicant submits a trademark registration application, HIPO will review whether the application meets the requirements for determining the filing date – whether the trademark protection application has been submitted, the applicant’s identity information, the accompanying image of the logo, and the list of goods and services, whether the application fee has been paid, and whether the list of goods and services has been submitted in Hungarian.
(1) Application date
HIPO will inform the applicant of the application date. If the application date cannot be determined, HIPO will require the applicant to correct any defects in the application within 30 days. If the applicant completes the modifications within the deadline, the date on which HIPO receives the corrected documents will be designated as the application date. If the applicant fails to meet the above requirements, the trademark application will be deemed withdrawn.
(2) Application fee
The application fee is detailed in item 1 of the fee schedule. The fees should be paid to HIPO’s state budget account, specifying the filing number and the designated destination. If the application fee is not paid within 2 months after the application date, the application will be considered withdrawn.
(3) List of goods and services in Hungarian
If the trademark application documents are not written in Hungarian, the list of goods and services should be submitted in Hungarian within 4 months after the application date, otherwise the application will be considered withdrawn.
4.1.3 Third party opinions
Anyone can submit a third-party opinion to HIPO, stating that according to Article 2 and Article 3 of the Hungarian Trademark Law, the logo in the application should not receive trademark protection. HIPO will provide the third-party opinion to the applicant and consider the reasons in the third-party opinion during the trademark examination. The relevant results will be communicated by HIPO to the party who raised the third-party opinion.
4.1.4 Formal review
If the trademark registration application meets the requirements for determining the application date, the application fee has been paid, and the list of goods and services has been submitted in Hungarian, HIPO will review whether the application meets the formal requirements. If defects are found in the application during the review period, HIPO will make a decision to require the applicant to correct them or request the applicant to file a divisional application, and continue the procedure based on the correction. If the applicant fails to respond within the prescribed time limit, the application will be deemed withdrawn.
4.1.5 Search for prior rights
If the trademark registration application meets the requirements of the Trademark Law, HIPO will conduct a search on the prior trademark rights mentioned in Article 4, issue a search report based on the logo and the goods and services involved in the application, and provide it to the applicant.
4.1.6 Substantive examination
If the trademark registration application meets the requirements of the Trademark Law, HIPO will conduct substantive examination on it. If it is found during the review period that the application does not meet the requirements, HIPO will make a decision to require the applicant to make corrections or provide opinions as appropriate. If the trademark registration application still does not meet the examination requirements after the applicant modifies or provides opinions, HIPO will reject the application in whole or in part. If the applicant fails to respond within the prescribed time limit, the application will be deemed withdrawn.
4.1.7 Disclosure
After sending the search report to the applicant, HIPO will publish its trademark registration application in its patent and trademark bulletin, and notify the applicant of this publication.
4.1.8 Objections
According to the provisions of the Trademark Law, within three months after the publication of a trademark registration application, amendment or divisional application, the party entitled to raise an objection under Articles 4-6 of the Law may object to the registration of the trademark and shall pay an objection fee within one month from the date of filing the objection application.
If the objection does not meet the requirements, HIPO will require the objector to correct it within the prescribed period. If the objector fails to respond within the prescribed time limit or fails to pay the objection fee on time, it will be deemed as the withdrawal of the objection application.
HIPO will decide whether to grant trademark rights to the disputed logo based on written documents, or convene an oral hearing if necessary.
4.1.9 Acceleration Program
If the applicant requests an acceleration procedure within one month after the trademark application date and pays the acceleration fee within one month after the request is made, HIPO will use the acceleration procedure for the application.
The applicant can also make a special request in the acceleration program request, which requires HIPO to register the trademark at the same time as the public trademark registration application. But only after the objection period expires, can the registration become a formal registration. The request for a special acceleration program can only be submitted within the deadline for submitting the acceleration program request, and the cost is 1.5 times higher than that of a regular acceleration program.
4.1.10 Amendment and Domestic Priority
The trademark applicant shall not modify the logo or the classification of designated goods and services in the application beyond the scope of the application at the time of filing.
If the applicant needs to specify more categories of goods and services, they can submit a new trademark registration application within 6 months after the original application date.
4.1.11 Division of Cases
If the applicant includes more than one symbol in a trademark application or wishes to register multiple trademarks, they may file a divisional application, retaining the filing date or other priority rights of the original application.
The divisional application should be submitted before HIPO makes a final decision on the trademark registration application. The application requires payment of fees, which should be paid within 2 months after the application is submitted. Otherwise, the divisional application will be considered withdrawn.
4.1.12 Authorization
If the application documents and the logo itself meet all the requirements for trademark examination, HIPO will register the logo as a trademark. The date on which HIPO makes a trademark registration decision is the date of trademark registration. After registration, HIPO will issue a trademark certificate and attach a registration abstract, which will be submitted to the applicant together.
4.2 Protection period
The trademark protection period in Hungary is 10 years from the date of application and can be renewed upon expiration. Renewal can be repeated indefinitely, and the validity period of each renewal registration is 10 years, calculated from the day after the expiration of the previous validity period of the trademark.
For more content, please refer to the HIPO website.
Introduction to Hungarian Trademark Office Fees
| project | Details and Amount (in Fulin) | |
| Application fee | Ordinary trademark, designated goods or services not exceeding 3 classes | 74800 |
| More than 3 categories, starting from category 4 | +32000／category | |
| Collective trademark or certification trademark, designated goods or services not exceeding 3 classes | 320000 | |
| More than 3 categories, starting from category 4 | +32000／category | |
| opposition fee | 64000 | |
| Acceleration program fee | General acceleration program, specifying goods or services not exceeding 3 categories | 74800 |
| More than 3 categories, starting from category 4 | +32000／category | |
| Special acceleration program, specifying goods or services not exceeding 3 categories | 112200 | |
| More than 3 categories, starting from category 4 | +48000／category | |
| Split application fee | Divide trademark registration applications into separate cases, with each additional application | |
| Propose a classification plan for products | 74800／item | |
| File a divisional action for collective trademarks or certification trademarks | 320000／item | |
| The application contains multiple symbols | Equivalent to application fee/item | |
| Renewal fee | Ordinary trademark, designated goods or services not exceeding 3 classes | 74800 |
| More than 3 categories, starting from category 4 | +32000／category | |
| Collective trademark or certification trademark, designated goods or services not exceeding 3 classes | 320000 | |
| More than 3 categories, starting from category 4 | +32000／category | |
For more information, please refer to the fee schedule provided by HIPO (effective from January 1, 2012).