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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux 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 Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in the Hungary, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorney's Analysis & Advice
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Step 2 - Trademark Registration Request
Specialized attorneys file your Trademark Application in the Hungary and carry out all the necessary formalities to bring your application before the Hungary Trademark Office for approval and registration. As soon as your trademark is filed, we send you a filing report that includes an application number and date, plus a scanned copy of the filed trademark application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in the Hungary. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in the Hungary.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
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 Frequently Asked Questions
Trademark Registration
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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: 

  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
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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.

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Does having a registered trademark in Hungary afford me any right?

It is mandatory to register a trademark to secure ownership and legal rights.

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What is the web address of the trademark national office?

The trademark office of Hungary has a website. It can be accessed at this URL: https://www.hipo.gov.hu/

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Is there any need to use my trademark before I apply for registration?

No. This jurisdiction does not mandate applicants to use the mark before filing the application for registration.

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What are the grounds for a Trademark Application to be opposed?

Applications can be opposed on the following grounds: 

  • Proprietary rights
  • Conflict with a notorious mark
  • Breach of copyright
  • Conflict with a trade name
  • Registration using the agent’s name
  • Conflict with a company name
  • Conflict with a registered design
  • Conflict with a personal name
  • Conflict with an unregistered similar mark that was used at an earlier time
  • Bad faith
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Who can contest my trademark registration?

The registration can be opposed by: 

  • Interested parties
  • Owner of earlier rights
  • Licensees
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Is it possible to cancel a registration?

A registration can be cancelled on the following grounds: 

  • Proprietary rights
  • Breach of copyright
  • Bad faith
  • Unsatisfied use requirements under Section VIII.A
  • Marks banned in Hungary
  • Use of mark in a deceitful manner
  • Inclusion of a public badge or emblem
  • Contradiction with moral principles and public policy
  • Use of a geographical indication
  • Mark is common or generic
  • Personal name rights
  • Registered design rights
  • Trade name rights
  • Use of protected armorial bearing, flag or emblem
  • Mark is functional, not distinctive, misleading, deceptive, disparaging, or deceptive
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Are there any rights established by having a registered trademark?

Yes. The owners of a registered trademark establish these rights: 

  • Exclusive right to use the mark
  • Right to object to later conflicting applications
  • Right to appeal against conflicting registrations to be cancelled
  • Right to take a legal action against anyone that infringes the mark
  • Right to demand for payment from third parties that infringed the mark
  • Right to license and authorize third parties to use the mark
  • Right to appeal for the seizure of importation of fake goods
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How long is the opposition period?

The opposition period opens at the date of publication and closes 3 months after that date.

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Is Hungary a member of the Madrid System?

Yes. Hungary is a party to international treaties, Madrid Protocol and Madrid Agreement.

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Do I need to present periodic statement of use?

No. It is not a requirement to present a periodic statement of use.

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When should I renew my trademark?

Renewals of trademark in Hungary are done every 10 years.

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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 there any documentation that should be presented when renewing a trademark?

If the applicant’s home residence is outside EU, a power of attorney is needed.

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If my trademark expires, do I have a grace period?

After the trademark’s expiry date, it is still possible to renew it because a grace period of 6 months is available.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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