Hungary
Fees for registering Hungary trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Hungary are mainly based on the 1997 Trademark and Geographical Indication Protection Law, as well as relevant government laws and regulations that are constantly updated and supplemented based on practice, such as Government Law No. 147 of 2007, which stipulates the content related to electronic applications. The Hungarian Intellectual Property Office is responsible for managing trademark affairs and the official language is Hungarian. The Hungarian trademark registration adopts the principle of "application first". Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law.
Hungary is a party to international intellectual property treaties such as the Paris Convention, the Trademark Law Treaty, the Nairobi Treaty, the Convention Establishing the World Intellectual Property Organization, and the TRIPS Agreement; Hungary is a member of both the Madrid Agreement and the Madrid Protocol, as well as a member of the European Union. Therefore, trademark registration can be processed through "single country registration," "EU registration," or "Madrid International Registration.
Trademark Registration Process
At present, the Hungarian Intellectual Property Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Hungary include: text, letters, graphics, numbers, slogans, color combinations, three-dimensional shapes, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Hungary must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Categories and specific goods and services;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Hungarian trademark is: application - examination (absolute reasons) - announcement - approval and issuance of certificates. After the application is submitted, it will be accepted in about 2 weeks. The applicant can pay additional fees within 1 month from the date of application submission to request expedited review. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
The opposition period is three months from the date of announcement, and anyone can raise an objection to the registration of the trademark. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Hungary takes about one year; If things don't go smoothly and there are rejections or objections, the time will be extended, which may take 2-3 years.
Trademark registration materials
The Hungarian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The revocation/invalidation application after trademark registration can generally be filed in accordance with the following provisions of the Hungarian 1997 Trademark and Geographical Indication Protection Law:
1. Revocation under Article 33: (1) Violation of the provisions of this law; (2) Similar or identical to a trademark previously applied for registration by others; (3) Infringe upon the prior rights of others.
2. Invalidation under Articles 34 and 35: (1) Without justifiable reasons, the trademark has not been actually used in that country for five consecutive years after registration; (2) Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the registered goods or services; (3) The actual use of a trademark may lead to public misidentification of the nature, quality, and geographical origin of goods/services.
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