What is a trade mark?
What sort of mark can be trade mark protection obtained for?
Are all trade marks registrable?
Who can obtain trade mark protection?
What rights do registered trade marks bring?
How to obtain a registered trade mark in Hungary?
How foreigners can apply for trade mark protection?
What are the stages of the trade mark registration procedure?
How much does it cost to obtain a trade mark?
How to obtain trade mark protection abroad?
What can be done when the registration is infringed?
How long does trade mark protection last?
For application filed after 01/07/97: Act XI of 1997 on the Protection of Trademarks and Geographical Indications
For application filed before 01/07/97: Act IX of 1969 on the Protection of Trade Marks and Geographical Indications
A trade mark is any sign which is capable of being represented graphically and which can in the course of trade, distinguish the goods or services from those of other undertakings. Such signs may include words, including personal names, designs, letters, and the shape of goods and their packaging. It is a basic tool of the economic competition and plays a very important role in marketing and advertising.
Signs which may be granted trade mark protection:
- words, combination of words, including personal names and slogans,
- letters, numerals,
- figures, pictures,
- two- or three-dimensional forms, including the shape of goods or of their packaging,
- colours, combination of colours, light signals, holograms,
- sound signals, and
- combination of the previous signs.
- 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;
- are customary in the current language or in the practices of trade;
- consist of a shape which results from the nature of the goods;
- may deceive consumers as to the nature, quality or other characteristics of the goods or services;
- 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;
- 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.
Any natural or legal person.
The right to use the trade mark in relation to the goods or services for which it is registered or to let others use the trade mark under terms agreed with the registered owner. Also the right to take legal action against others who might be infringing the registration by using the same or similar trade mark for the same or similar goods or services for which the trademark is registered.
- a national trade mark application at the Hungarian Intellectual Property Office or
- an international trade mark application governed by the Madrid Agreement and/or the Madrid Protocol on the International registration of Trade Marks.
- Foreign applicants, namely persons or companies residing outside the territory of a Member State of the European Economic Area have to authorize professional representatives residing in the relevant country.
- Foreign applicants have to be represented by representatives residing in Hungary.
- Domestic applicants do not have to have representatives, however, it may be advisable to obtain professional help offered by attorneys or advocates.
The following table summarizes the fees should be paid.
- a trade mark application to the national industrial property offices of the relevant country,
- an international trade mark application on the bases of the Madrid Agreement and/or the Madrid Protocol to the Hungarian Intellectual Property Office which will be forwarded to the Word Intellectual Property Organization;
- a so-called Community Trade Mark (CTM) application to the Office for Harmonization in the Internal Market in Alicante, Spain.
The Hungarian Intellectual Property Office forwards the international as well as the Community trade mark applications of the Hungarian applicants.
The registered owner of the trade mark has the right to take legal action and claim
- the declaration by court of the infringement;
- the cease of the infringement;
- satisfaction from the infringer e.g. by way of a declaration, made public if necessary;
- surrender of the enrichment obtained by infringing the registration;
- communication of data concerning the infringement;
- seizure of means used for infringment and of infringing products;
- measures by the customs authorities to prevent free circulation of infringing goods;
For 10 years beginning on the filing date of the application, which may be extended through further periods of 10 years on the registered owner's request.