Trademark monitoring - Art. 60/A of the Trademark Act
Notification of the proprietor of an earlier right indicated in the search report
1. What is trademark monitoring?
Act XI of 1997 on the Protection of Trademarks and Geographical Indications was amended by Act CII of 2003 (hereinafter referred to as the "T.A."), which implemented a new legal institution, that is, the notification of the proprietor of an earlier right indicated in the search report (trademark monitoring).
In accordance with the T.A., the Hungarian Patent Office only carries out the substantive examination concerning the earlier rights in the event of opposition. Opposition is not an easy task from the viewpoint of the proprietor. First, he has to monitor the trademark applications, in order to be informed of those which, in his opinion, conflict with his own trademark or other indication. Second, it is within three months following the publication of a trademark application that there is a possibility of giving a notice of opposition. In order to be informed of all this, the proprietor has to monitor the publications in the Gazette of Patents and Trademarks.
2. What advantages does trademark monitoring has to offer?
The person who avails himself of the opportunity of trademark monitoring implemented by Article 60/A of the T.A. will be exempt from all the above loads. During the examination of the trademark application the Office prepares a search report, in which it indicates all the conflicting earlier trademarks. In accordance with the request for trademark monitoring the Office will send all search reports to the requester, in which his earlier trademark was indicated. The requester of trademark monitoring will be notified of all later trademark applications that conflict with his trademark, therefore, he will not have to monitor the Gazette.
3. Who can request trademark monitoring?
Trademark monitoring (csak magyarul van az űrlap!) may be requested by the applicant, the proprietor or the licensee recorded in the Trademark Register.
4. In what form does the Office give information to the requester of trademark monitoring?
The Office notifies the applicant, the proprietor or the licensee entered into the Register of the later trademark application in which his earlier right was indicated by sending him a copy of the search report. Having the notification, the proprietor of an earlier right can decide if he wants to give a notice of opposition against the later trademark application.
5. For how long period of time can the request be submitted?
The request may be submitted for a period defined in calendar months, not exceeding one year and starting on the first day of the calendar year or half-year. Under the T.A. complying with the request should start on 1 January or 1 July.
6. How much is the fee for trademark monitoring?
The fee for trademark monitoring is HUF 6,400 for each calendar month of the period indicated in the request [Article 11(3) of Decree 19/2005 (IV. 12.) GKM]. The Hungarian Patent Office will only respond to the request upon payment of the fee.
7. What happens if the Office fails to respond to the request?
Failing a notification, the Hungarian Patent Office shall, on request, refund the whole, or the part proportional to the default, of the fee paid, but failure of notification shall not involve any legal consequences.
8. In what time limit can the Office respond to the request?
The time limit for responding to the request is determined by the customer's request. Trademark monitoring can be requested for a period measured in months. Trademark monitoring can be requested for a period not longer than 12 months, which can be renewed.