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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.
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If I register my trademark in Hungary, do I have protection in other territories?
No. The mark is protected only in Hungary.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney is necessary for the completion of application.
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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
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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.
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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
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What are the phases of application after a trademark has been filed in Hungary?
The procedures in applying for trademark registration is as follows:
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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.)
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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
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Registration – If the examiners accepted the application and all oppositions are defeated, the registration will be granted by the trademark office of Hungary
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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
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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.
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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.
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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
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal will take place 10 years from the date the application was filed.
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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.