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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 below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Hungary it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Hungary, who will carry out all needed tasks before the Trademark Office in Hungary in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Hungary.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Hungary. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Hungary.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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.

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

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

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:

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.

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
Who can contest my trademark registration?

The registration can be opposed by: 

  • Interested parties
  • Owner of earlier rights
  • Licensees
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
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
How long is the opposition period?

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

Is Hungary a member of the Madrid System?

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

Do I need to present periodic statement of use?

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

When should I renew my trademark?

Renewals of trademark in Hungary are done every 10 years.

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 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.

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 Questions
What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through 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 symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

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

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

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. 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 a service 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 because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  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.


A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right 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.

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

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a 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 sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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 are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then 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. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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 if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing 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.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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 find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost 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 marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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