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Hungary Trademark Registration 

In order to obtain trademark protection in Hungary you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Hungary. If you want to proceed this way please follow the steps described below.

A trademark attorney will process your trademark registration in Hungary through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

     

  • If I register my trademark in Hungary, do I have protection in other territories?

    No. The mark is protected only in Hungary.

  • Do I need to sign a Power of Attorney?

    Yes. A power of attorney is necessary for the completion of application.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. There are benefits to pre-filing use of the mark as long as proof of prior use can be provided. 

    • It demonstrates the distinctiveness of the mark
    • It helps the applicant overcome disputes on the basis of non-distinctiveness
    • It helps the applicant in bringing cancellation to a later mark
  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Non-use of a registered mark will eventually result to cancellation.

  • What are the types of trademark that can be registered in Hungary?

    Marks that can be replicated graphically and can help the public distinguish the good/service from others are registrable. 

    • Word
    • Device
    • Name
    • Hologram
    • Sound
    • Trade dress
    • Shapes having 3 dimensions
    • Slogan
    • Color
  • What are the phases of application after a trademark has been filed in Hungary?

    The procedures in applying for trademark registration is as follows: 

    1. Examination – The application will be examined in terms of:
      • Compliance with requirements
      • Classification of goods/services
      • Clarity of description
      • Descriptiveness (mark must not be used solely to describe the goods/services)
      • Distinctiveness (mark must distinguish the good/service from others)
      • Deceptiveness (mark must not mislead as to the good’s geographic origin, nature, quality, etc.)
    2. Publication – Information about the application will be published. This is done to make opposition available to third parties.
      • Mark
      • Name and address of applicants
      • State/country of incorporation of applicants
      • Number of application
      • Date of application
      • Goods/services
      • Information about priority claim
      • Trademark representation
    3. Registration – If the examiners accepted the application and all oppositions are defeated, the registration will be granted by the trademark office of Hungary
  • What type of trademark is non-registrable?

    Hungary trademark laws prohibit these marks from becoming registered: 

    • Marks that are not compatible with moral standards or against public order
    • Marks that have a generic or broad meaning
    • Marks that include names/flags/symbols of international organizations or states/regions/nations without consent from proper authorities (registrable if consent is given)
    • Surnames
    • Geographic location names
  • Does Hungary use the "Nice Classification" system?

    Yes. Hungary uses the Nice Classification system. If the trademark will cover multiple classes of goods/services, a single application will suffice.

  • Does the Community Trademark apply for Hungary?

    Yes. Hungary is EU (European Union) member. Thus, Community Trademark (known today as European Union Trade mark) registration is applicable in Hungary.

  • Is there any possibility to claim priority in Hungary?

    Yes. The home country filing date can be accredited as the filing date in Hungary if: 

    • Home country is a party to the Paris Convention
    • Home filing date is less than 6 months from the filing date in Hungary
    • Home country is a party to the WTO (World Trade Organization)
    • International registration can be based in Hungary
  • What do I need to do to satisfy the use requirement?

    The mark must be used within 5 years from the date it was registered. The number of use is measured on a business scale and use must happen in this jurisdiction.

  • Once my trademark has been registered, for how many years will be valid?

    Registered marks in Hungary are valid for 10 years starting on the application date.

  • What will be the renewal date of my trademark?

    The first renewal will take place 10 years from the date the application was filed.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. Unregistered marks are legally allowed to be used for goods and/or services.


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