Overview of Hungary Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 5 minutes.

Hungary Trademark Registration

Standard Package of Trademark Services $899 USD + govt fee

(166173.75 HUF)
  • In the Standard Package, Filing a trademark application is easy and painless. You will be guided through a simple workflow to fill out the information needed to publish your trademark on Trademarkia or file your trademark with the government. If you select the government option, a licensed trademark attorney will represent you in the filing your trademark after performing a conflict check.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

Hungary became a Christian kingdom in A.D. 1000 and for many centuries served as a bulwark against Ottoman Turkish expansion in Europe. The kingdom eventually became part of the polyglot Austro- Hungarian Empire, which collapsed during World War I. The country fell under Communist rule following World War II. In 1956, a revolt and an announced withdrawal from the Warsaw Pact were met with a massive military intervention by Moscow. Under the leadership of Janos Kadar in 1968, Hungary began liberalizing its economy, introducing so-called "Goulash Communism." Hungary held its first multiparty elections in 1990 and initiated a free market economy. It joined NATO in 1999 and the EU in 2004.

Who May Apply?

Any individual or company may apply for and receive a registration for a trademark.

What Can Be Registered?

Any mark capable of being represented graphically and being capable of distinguishing the goods and services of one undertaking from those of other undertakings is registrable, including: 1) words or a combination of words, including personal names and slogans, 2) letters and numerals, 3) figures and pictures, 4) two or three dimensional forms, including the shape of goods or of their packaging, 5) colors, combination of colors, light signals, or holograms, 6) sound signals, and 7) any combination of the previous signs provided that they do not fail on absolute or relative grounds for refusal.

What Cannot Be Registered?

Registration is not allowed for marks excluded from protection by the law, either on absolute or relative grounds. Absolute Grounds for Refusal: A trademark may not be registered if: 1) it is not capable of being represented graphically, 2) it is devoid of any distinctive character, i.e., if the mark consists exclusively signs or indications which may serve, in trade, to designate the kind, quality, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services, or which have become customary in the current language or in the practices of a trade, 3) it consists exclusively of a shape which results from the nature of the goods themselves or which is necessary to obtain a technical result or which gives substantial value to the goods, unless it has acquired a distinctive character through use, either before or after the date of priority. Public Policy Reasons for Refusal: A mark may also not be registered if: 1) it is contrary to public policy or to accepted principles or morality; 2) it is of such nature as to deceive consumers as to the nature, quality, geographical origin or other characteristics of the goods or services; 3) it was applied for in bad faith; 4) it consists exclusively of State emblems or other emblems of an authority or international organization as defined in the Paris Convention for the Protection of Industrial Property, except with the consent of the competent authority for mark of which emblems form only an element; 5) it relates to medals, badges, armorial bearings, not covered above, or to official signs and hallmarks indicating control and warranty which are of public interest; 6) it consists of a symbol having a close relation to religious or other beliefs; 7) it consists of or contains a geographical indication registered pursuant to Hungarian Trademark Act or to EU law (this applies to goods which do not originate in a geographical area corresponding to the geographical indication or in connection with which the geographical indication cannot be used for any other reason under the Hungarian Trademark Act or of EU law). Refusal Based on Conflicting Non-Trademark Rights: A mark also may not be registered if 1) it would infringe earlier personal rights of others, in particular a right in a name or of personal portrayal, 2) it would conflict with an earlier copyright or industrial property right of others, including conflict with the name of a protected plant variety, 3) if the representative or agent applies for registration in his own name without the proprietor's authorization, unless the representative or agent can justify his action. Relative Grounds for Refusal: A mark may not be granted protection: 1) for identical goods or services, if the mark has a later date of priority and is identical to an earlier trademark, 2) if because of its identity with or similarity to an earlier trademark and identity with or similarity to the goods or services, there exists a likelihood of confusion among consumers, 3) for dissimilar goods or services, if the mark has a later date of priority and is identical with or similar to an earlier trademark having reputation in the country where the use without due cause of the later mark would take unfair advantage of or be detrimental to the distinctive character of the repute of the earlier trademark. According to the Hungarian Trademark Act, earlier trademarks are trademarks with an earlier date of priority or which have become well-known at an earlier date in Hungary under the Paris Convention for the Protection of Industrial Property, even if such marks are not registered. Other Grounds for Refusal:, A mark may also not be granted protection: 1) if it has been used effectively in Hungary without registration where use of the mark without the consent of the prior user would be contrary to unfair competition law, 2) if it is for identical or similar goods or services and is identical with or similar to a trademark whose protection has lapsed due to expiration within two preceding years, unless the earlier trademark had not been genuinely used.

Rights

Trademark protection does not entitle the mark owner to prohibit third parties from using certain types of marks or features of marks in the course of trade and in accordance with fair trade law, including: 1) his or her own name or address, if the mark owner is a natural person, 2) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of the rendering of services, or other characteristics of goods or services, or 3) indications of the intended purpose of a product or service. Moreover, a third party's prior use of an identical or similar mark before the trademark owner's use or registration may serve as a basis for challenging the trademark owner's rights, whether based on use or registration.

Filing Requirements

The following basic items are required to file an application for registration: 1) the mark for which registration is sought and a request for its registration; 2) the name, domicile and address of the applicants; 3) the classes of the goods andlor services to which the application applies, in Hungarian; 4) six copies of the mark, if the mark is a graphic mark; and 5) a power of attorney, simply signed, if acting through a representative. Priority may be claimed within two months from the filing date. Priority documents must be filed within four months from the filing date. Trademark applications may also be filed electronically using the standard electronic form prescribed for this purpose by the Hungarian Patent Office. Foreign nationals must authorize a patent agent or an attorney at law residing in Hungary, unless they are natural or legal persons whose residence or corporate domicile is located in a Member State of the European Economic Area and they are able to communicate in writing in Hungarian.

Evaluation & Review

Following the filing of the application, the Hungarian Patent Office will examine the application on formal grounds. This review involves checking to see whether the application contains the information and documents required, whether the fee has been paid, and, if the application is from a foreign entity, whether the list of goods has been filed in Hungarian. If the application meets these formal requirements, the Hungarian Patent Office will notify the applicant of the filing date and number assigned to the application. If a filing date cannot be assigned to an application because it fails to meet these formal requirements, the Hungarian Patent Office will require the applicant to remedy the deficiencies within 30 days from receipt of the notification. If the applicant does not correct the deficiencies by this deadline, the application will be considered withdrawn. If the application meets the formal requirements and the Hungarian Patent Office has no objection to registrability of the mark on absolute grounds, the Hungarian Patent Office will carry out a search for earlier trademarks that are identical or similar to the mark. Thereafter, the Office will send the resulting report to the applicant. If no relative grounds for refusal were found during the search, the Hungarian Patent Office will publish the application in its official journal called The Gazette of Patents and Trademarks no later than one month after sending the report. Within three months following publication of the application, interested third parties have the option of opposing registration of the mark.

Duration

Registration of a trademark is for a period of ten years from the date of application and may be renewed for additional periods of ten years. Requests for renewal may be submitted to the Hungarian Patent Office no earlier than 12 months before the expiration of protection and not later than six months from the date of expiration. Requests for renewal require the payment of a fee.' If the mark is not renewed, the Hungarian Patent Office will remove it from the Register of Trademarks.

Use

The following actions may constitute genuine use: 1) affuring the mark to the goods or to the packaging thereof, 2) putting the goods on the market or offering them for sale in connection with the mark or stocking goods for such purposes, 3) offering or supplying services under the mark, 4) importing or exporting the goods under the mark, or 5) using the mark in business correspondence and advertising. A mark will also be considered to be in genuine use if: 1) the trademark is used in a form different from the registered form but the form used differs only in elements which do not alter the distinctive character of the original trademark, 2) the trademark is affixed to goods or packaging thereof in the territory of the country solely for export purposes, or 3) the trademark is used with the authorization of the trademark owner. There is no requirement for an owner to provide the trademark authority with a declaration or proof of use.

Domain Names

The top-level country code or ccTLD for Hungary is .hu. A number of second-level domains are also registrable, including: co.hu, info.hu, org.hu, priv.hu, tm.hu, erotica.hu, games.hu, hote1.hu. The Council of Hungarian Internet Providers, an association of Internet service providers, processes all registrations under both the ccTLD and second-level domain names. Domain names registered directly under the .hu public domain name may be obtained by any citizen of the EU or any natural person domiciled in Hungary, any entity established by virtue of law, any company registered with an authority or court in the EU, and any owner of a trademark valid in Hungary provided that the domain name matches the mark valid in Hungary. There is no requirement that a domain name applicant have a local presence in Hungary. The Registrar has no obligation to screen information submitted by residents and does not perform such a screen. It is up to the registrants to warrant that they have exercised their best efforts to ensure that the name sought to be registered as a domain name does not infringes or violate the legal rights of any third party. In case the information submitted turns out to be false or misleading, the Registrar has the authority to cancel the domain name. The Registrar offers its own dispute resolution system. However, trademark owners often chose the court system for resolving disputes concerning conflicts between their trademarks and similar domain names. Generally, court rulings are in favor of the trademark owner if the domain name is identical to or confusingly similar to a registered trademark and is used or intended to be used in connection with the same or similar goods for which the trademark is registered. However, the relief available to a trademark owner is limited to the cancellation of the domain name infringing the trademark. Registered domain names remain on the Register as long as the renewal fees are paid and technical operability criteria are met.

Enforcement

Civil Penalties: Infringement of a registered trademark is actionable by the owner of the trademark and the following rights and remedies are available to the complainant: 1) a declaration of infringement by a court, 2) a court order directing that the infringer cease the infringement and any related threatening acts, 3) a court order directing the infringer to provide information on the identity of persons involved in the production and distribution of the infringing goods or the provision of infringing services and of their channels of distribution, 4) a court order directing corrective action by the infringer including, for instance, a public declaration or acknowledgement of the infringement at the infringer's expense, 5) a court order directing the infringer to surrender the financial gains obtained by the infringement of the trademark, 6) the seizure, transfer to a specific person or entity, or the recall and the definitive removal from the channels of commerce or distribution of the infringing products and packaging thereof, as well as that of the means and materials exclusively or principally used for infringement, and 7) an award of damages, available under the rules of civil liability along with the complainant's litigation costs. Customs Intervention: Trademark owners may also request that the Customs Office seize consignments of counterfeit or infringing goods, thereby preventing them from entering the country. Hungary has fully implemented both the Council Regulation (EC) No 138312003 of July 22, 2003, concerning customs actions against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights. Hungary has also implemented Directive 2004148lEC of the European Parliament and of the Council of April 29, 2004, on the enforcement of intellectual property rights. Criminal Penalties: In addition to civil remedies and options, criminal penalties may apply if a person falsely uses a trademark or applies a mark to goods in a manner that is intended to deceive consumers.