Trademark monitoring
Notification of the proprietor of the earlier rights indicated in the Search Report
1. What is Trademark Monitoring?
Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (hereinafter referred to as: Trademark Act)
was amended by Act No. CII of 2003 on the Amendment to Certain Laws on the Protection of Intellectual Property and Copyright
which introduced the notification of the proprietor of the earlier trademark (trademark monitoring) as a new legal institution.
According to Trademark Act the Hungarian Intellectual Property Office only conducts the examination of merits regarding earlier
rights in the case of opposition. Filing an opposition is not an easy task for the proprietor of the trademark right. First,
the proprietor must monitor the trademark applications in order to get informed of those applications which – according to
the proprietor – conflict with the proprietor’s trademarks. Second, opposition may be filed within a period of three months
following the date of publication of a trademark application. In order to get informed of all this, the proprietor must monitor
the publication of trademark applications in the Gazette for Patents and Trade Marks.
2. What kind of benefits does Trademark Monitoring offer?
Those who take the opportunity of trademark monitoring introduced by Section 60/A of Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications shall get exempted from the burdens mentioned above. During the examination of a trademark application the Office draws up a search report in which all the conflicting earlier trademarks are included. On the basis of the request, the Office conveys relating search reports to the applicant in which their earlier trademark is indicated. The applicant will be notified of all trademark applications that conflict with their trademark, thus the applicant shall not need to monitor the Gazette.
3. Who can submit a Trademark Monitoring request?
The applicant, the proprietor of the trademark and the user registered in the trademark register may submit a Trademark Monitoring request.
4. In what form does the Office provide information to the applicant of Trademark Monitoring?
The Office notifies the applicant, the proprietor of the trademark and the user registered in the trademark register by conveying a copy of the search report of the subsequent trademark application in which their earlier right has been indicated. Upon receiving the notification, the proprietor of the earlier right can decide whether to file an opposition against the subsequent trademark application.
5. How long can the request be submitted for?
The request may be submitted for a period specified in calendar months, not exceeding one year, beginning on the first day of the calendar year or half-year. According to Trademark Act the start day of the request must be the 1st of January or the 1st of July.
6. How much is the fee for Trademark Monitoring?
The fee for the request is HUF 8 500 for each calendar month of the period specified in the request. [Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office]. The Hungarian Intellectual Property Office shall comply with the request after the fee is paid in full.
7. What happens if the Office fails to provide the notification?
In the absence of any notification, the Office shall - upon request - refund the fee that has been paid in full or to the extent affected by its negligence, however failure to provide notification shall carry no other legal ramifications.
8. For how long can a trademark monitoring request be fulfilled?
The duration of the request is determined by the request of the Customer. Trademark Monitoring can be requested for a maximum of 12 months, which can be renewed.
