Trademark registration Hungary

In Hungary, no exclusive rights over a trademark can be acquired without a trademark registration. In this country a First to File jurisdiction applies, which means that the rights over a trademark are granted to whoever registers it first. To register a trademark in Hungary it is not necessary to have it already in use. However, this can be useful, as its active use contributes to its distinctive character: an important criterion in the assessment of an application for trademark registration.

If you want to register a brand name in Hungary, you can achieve this in various ways. Firstly, you can arrange this at a national level via the HIPO, the Hungarian Intellectual Property Office. It is also possible to apply for European trademark protection via the EUIPO. This gives you protection in all 27 countries of the European Union, including Hungary. Hungary is also a member of the Madrid Protocol. Renewal of an international registration via the Madrid System is therefore also possible for this country.

If you want to apply for a combined trademark in Hungary, you should consider whether you want to be able to use one of the separate elements separately from the other for commercial activities. If the answer to that question is “yes”, it is wise to request a separate registration for this element. If you don’t do this, a third party could use this element for its product or service. It is not registered.

If the latter is the case, there is one situation in which you can object to this. This is possible when the product or service offered by this party is the same as yours or is very similar to it. You then lodge an objection on the basis of confusing resemblance. How successful such an objection is depends on the situation.

When you have submitted an application for trademark protection to HIPO, the competent committee will deal with the assessment. In a first phase, it is checked whether the application meets various requirements. The list of goods and services is an important part of this. Incidentally, this must be provided in the Hungarian language. Only when the application costs have been paid, your application can be processed further.

When your application for trademark registration in Hungary has passed the first assessment round, the formal, substantive assessment will start. If the committee finds problems or defects, you will be informed and you will be given the time to make adjustments. If there are no obstacles, you will receive a message that your application for trademark registration will be published. This happens in the gazette of the HIPO. Third parties then have three months to object. After official registration you will receive a certificate including an extract from the Hungarian trade register.