Feb 16, 2023 (Newsletter Issue 3/23)Trademark Act AmendedOn 1 January 2023, Hungarian Act LV amending several industrial property laws, including the Trademark Act, entered into force. Act LV aims to fine-tune and amend certain aspects of various procedures before the Hungarian Intellectual Property Office (HIPO). The amendments are the result of the HIPO’s practical experience and are primarily aimed to harmonize IP laws with Hungarian procedural legislation, including the Law on Civil Procedure and the Law on General Administrative Procedure.
Some of the main amendments are outlined below:
Deadline Extensions: Deadline extensions before the HIPO have been limited to a minimum of one month and a maximum of three months. Special six-month extension may be granted only in particularly justified cases.
Procedure Suspension: Suspension of adversary trademark proceedings in which several parties are involved can only be granted at the joint request of the parties.
Opposition Proceedings: Licensees who are not recorded in the trademark register are now allowed to file an opposition against a trademark application.
Cancellation Actions: Licensees of an earlier right and unregistered users of an earlier geographical indication can now file cancellation actions based on relative grounds for refusal. Further, the possibility to postpone the hearing in the cancellation proceedings and to accelerate the cancellation actions can be requested.
For more information, please click hereSource: www.petosevic.com Jul 01, 2021 (Newsletter Issue 13/21)
Ratification of Geneva Act of Lisbon Agreement on Appellations of Origin and GIs
On June 10, 2021, Hungary deposited its instrument of ratification of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ("Geneva Act").
The Geneva Act of the Lisbon Agreement will enter into force, with respect to Hungary, on September 10, 2021.
Source: www.wipo.int
Apr 04, 2019IP Office Will Not Accept Merger Request of Intl. RegistrationHungary has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.
In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please click hereSource: www.wipo.int Feb 14, 2019 (Newsletter Issue 2/19)Important Amendments to Trademark LawAs of January 1, 2019, the Act XI of 1997 on the protection of trademarks and geographical indications has been modified through Act LXVII of 2018 on the amendment of certain acts on industrial property right protection.
Through the amendments, the legislator primarily intended to fulfil its legal harmonization obligations arising from Directive 2015/2436.
Some important changes are seen below:
- Abandonment of graphical representation requirement
- More detailed list of absolute grounds for refusal
- Previously terminated trademarks do not form an obstacle to registration of identical new trademarks any longer (formerly, third parties were not entitled to registering a trademark identical to one that lapsed within the 2 preceding years)
- Scope of trademark protection has been further specified and supplemented on prior rights
- New manners of defence in trademark infringement law suits
For more information, please check the article of our contributor Tivadar Law Firm from Hungary.
Please note that the Hungarian survey has been updated thanks to our contributors SBGK Attorneys at Law and Patent Attorneys and Tivadar Law Firm, both from Hungary. Feb 14, 2019 (Newsletter Issue 2/19)Official Fee Increase and New Fee StructureOn January 1, 2019, a new fee structure for trademark-related services entered into force in Hungary as part of a broader set of amendments introduced by Act LXVII, primarily intended to transpose the Directive (EU) 2015/2436 into national legislation.
Official fees have been lowered for services related to trademarks registered in one class only, but have increased for trademarks registered in two or more classes.
The new official fee for filing a trademark application is EUR 202 for the first class, EUR 270 for the second, EUR 371 for the third and EUR 506 for the fourth class. Each additional class over 4 classes is EUR 135.
Filing fees and renewal fees are the same. However, the new renewal fees are to be applied to trademarks with expiration dates after June 30, 2019; for trademarks expiring before that date, previous fees will be applied.
While there was previously a grace period of six months from the trademark expiration date, during which no fees were charged for late renewal, the grace period has now been abolished and the late renewal of trademarks expiring after June 30, 2019, will be subject to an official fee of EUR 101.
Additionally, while trademark renewal requests could previously be filed 12 months before the trademark’s expiration, the earliest they can now be filed is six months before they expire.
For more information on this and on new renewal fees, please check hereSource: www.petosevic.com Oct 11, 2018 (Newsletter Issue 17/18)New Trade Secret Act in ForceThe Hungarian parliament has finally adopted the new act on the protection of trade secrets ("Trade Secrets Act") which will transpose the Trade Secrets Directive EU 2016/943 into national law. Hungary implemented the rules of the Directive by way of adopting a separate new act on July 20, 2018. The new act came into force on August 8, 2018.
The definition of trade secret is now amended to be in line with the Directive, including the secret nature of the information. The new definition stresses that trade secret protection only applies if "it has been subject to reasonable steps under the circumstances to keep it secret".
The new Trade Secrets Act moves away from the current Hungarian concept and ensures protection of trade secrets similar to intellectual property rights, especially in the case of an infringement. It removes the trade secret and know-how protection from the personality rights section of the Civil Code and clarifies that they are marketable economic rights. They can be sold as a whole or in part, and they can be licensed to a contracting party.
For more information, please click hereSource: www.schoenherr.eu Sep 29, 2015 (Newsletter Issue 15/15)
Trademark E-Filing Implemented
The Hungarian Intellectual Property Office (HIPO) has implemented trademark e-filing.
The trade mark e-filing system, part of the Software Package of services developed under the Cooperation Fund, allows Hungarian users to file their trade mark applications electronically.
Source: www.tmdn.org
Jun 14, 2013 (Newsletter Issue 9/13)
Amendments to Trademark Act
On April 1, 2013, the most recent amendments to Act XI of 1997 on the Protection of Trade Marks and Geographical Indications (Trade Mark Act) became effective. The amendments implement international agreements and EU rules into Hungarian law and introduce other significant changes to the Hungarian trade mark regulation. Set forth below is the summary of some of the most important modifications of the Trade Mark Act.
1. New limitation on enforcement of trade mark infringement claims
In court actions filed for trade mark infringement, no damages may be demanded and no other legal sanctions may be applied with respect to the period when the grounds for termination of trade mark protection materialize with respect to the trade mark holder.
2. Date of the revocation of trade mark protection
In certain cases of the revocation of the trade mark protection (e.g.: non-use of the trade mark; deceptive trade mark, etc.), the protection may also be revoked with retroactive effect to any earlier date, provided that the grounds for revocation existed at the earlier date.
3. Registration of state emblems became less restrictive
As a general rule, the registration of state emblems are prohibited. As an exception, however, if authorized by the appropriate agency, trade marks consisting entirely of state emblems or signs indicating control or warranty may be registered. Another change is that the registration of signs indicating control, warranty or a hallmark is prohibited only with respect to certain goods.
4. Use of names of legal entities and organizations as a limitation to trade mark protection
As a result of the amendments, legal entities and other organizations could challenge trade mark holders regarding their lawfully used names in connection with their trade practices. Before the amendments this option was available only for natural persons.
5. Submissions and exhibits
In trade mark proceedings the party initiating the proceedings must file one copy of every submission for each opposing party as well as one copy for the office. In addition, one copy of each exhibit must be attached to every submission filed.
6. Protection of personal data
The Trade Mark Act now explicitly provides that the personal data submitted in trade mark proceedings may only be disclosed if the person concerned consents or if they are public under the general rules of public administration.
7. Withdrawal or modification of decisions
In the absence of opposing parties, the Hungarian Intellectual Property Office (HIPO) may withdraw or modify certain decisions ex officio (e.g., decisions staying a proceedings, decisions setting fines or procedural fees), if with respect to such decisions, a review petition has been filed and HIPO consents..
8. The conditions for expedited proceedings have been amended
Within one month from the filing of an application for expedited proceedings, not only the fee for the application for expedited proceedings must be paid but also the filing fee for the trade mark application.
9. Ancillary rules regarding collective marks
a. In the case of collective marks, it is a ground for exclusion if the sign is misleading, especially if it masks the collective nature of the mark.
b. In addition, the amendments clarify that the owner of a collective mark is the association but the mark may be also used by the individual members of the association.
c. In the future, the modification of policies regarding the use of collective marks must be approved by HIPO. The modifications become effective at the time of registration.
10. Use of certification marks
It was clarified that the holders of certification marks may not use such marks for the purpose of certification, but they may authorize such use.
11. Additional limitations of the registration of signs containing geographical indications
Signs consisting of or containing geographical indications may not be registered if they could not be registered as trade marks under EU law.
12. Electronic filing
As of January 1, 2014, the office accepts electronic international applications and requests in international trade mark filings.
Source: KNP LAW Nagy Koppany Varga and Partners, Hungary
Apr 27, 2011 (Newsletter Issue 7/11)Electronic TM Filing Improved The Hungarian Intellectual Property Office (HIPO) has improved its trademark electronic filing system. As of March 1st, 2011, nearly all trademark prosecution matters, such as requests for official registry excerpts, changes of registered information and accelerated proceedings, can be requested electronically.
The HIPO now also notifies parties about its decisions electronically and regularly updates its online register. The improved system can generate official trademark registry excerpts in a secure electronic format and send them to the rights holders.
Prior to this change, the HIPO only accepted trademark applications and renewals in the electronic form, while all other documents had to be filed in hard copy. The online register was unofficial and was not updated regularly.
In spite of these improvements, the HIPO will still continue to accept all the above-mentioned requests in hard copy.
Furthermore, the name of the Hungarian Patent Office has changed to Hungarian Intellectual Property Office (HIPO) as of January 1st, 2011, in conformity with the Office's wide range of activities, including all titles of industrial property and copyright.
Sources:
Petosevic, Balkan Regional Office and
Hungarian Intellectual Property Office
www.hipo.gov.hu Legal basis is the Trademark Act no. XI of 1997.
Hungary is a member of the Madrid Agreement and the Madrid Protocol. Since May 1st, 2004, it has been a member of the European Union.
Trademark protection is obtained through registration.
Unregistered signs are also protected in so far as they may form relative ground for refusal, if (i) such signs have been put to genuine use in Hungary within the scope of economic activities and (ii) the use of the mark applied for could be prohibited based on other legislation (e.g. passing-off pursuant to the Competition Act).
Nice classification, 12th edition
Trademark protection may be acquired for all distinctive signs that are capable of being represented in the trademark registry in any manner that enables the competent law enforcement agencies and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, such as words, names, acronyms, letters, numbers, devices, light signals, holograms, colours, combinations or shades of colours, three-dimensional forms, the three dimensional form of a good or its packaging, sound marks, motion display, position sign, multimedia display, pattern and any combination of the mentioned signs.
The following trademark types may be registered: trademarks, collective marks, certification marks.
The application needs to be filed before the Hungarian Intellectual Property Office (HIPO). E-filing is possible.
Multiple-class applications are possible.
Foreign applicants need a local agent, except if they are from EEA countries, but having a local agent is recommendable even in such case.
A non-legalised power of attorney is generally sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of absolute grounds for refusal and a search for prior trademarks.
Though the HIPO performs a search for prior rights and sends it to the applicant before publishing the mark, it is up to the applicant whether he takes the risk of later oppositions or cancellation actions after publication of the application. The HIPO may reject applications (i) based on absolute grounds ex officio or pursuant to the observations filed by any third party; or (ii) based on relative grounds pursuant to an opposition filed by persons eligible to oppose.
The processing time from first filing to registration is approx. 7 to 9 months.
The HIPO publishes the trademark application for opposition purposes and, if there is no successful opposition, the trademark shall be published upon its registration in the Official Gazette “Szabadalmi Közlöny és Védjegyértesítő”.
National:The opposition period is 3 months from the publication date of the trademark application.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is HUF 60,000 for one class, HUF 80,000 for two classes, HUF 110,000 for three classes, HUF 150,000 for four classes, and HUF 40,000 for each additional class over four classes.
Different fees apply with regard to collective and certification trademarks. The official fee for filing a collective or a certification trademark application is HUF 200,000 for one class, HUF 220,000 for two classes, HUF 250,000 for three classes, HUF 290,000 for four classes, and HUF 40,000 for each additional class over four.
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Practical details on trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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