Trademark in Hungary

Trademark Registration in Hungary

We offer intellectual property (IP) legal services in Hungary including Hungarian trademark registrations and related trademark attorney services. As chartered Hungarian trademark agents and trademark lawyers we offer an uncomplicated, personal, non-technical registration process. 

Even if Hungary is a relatively safe country in terms of intellectual property rights, foreign businesses that commence business operations in Hungary should protect their brands with Hungarian trademarks. There are basically three different ways for obtaining a trademark covering Hungary. One can either apply for a national trademark, for the European Union trademark, or file an international trademark application designating Hungary.

Hungarian national trademark

If you have an important European trademark, it may be advantegous to file a paralel Hungarian trademark application. If the EU mark is attacked, which is quite common, then the Hungarian mark still remains enforceable. It is issued for a term of 10 years starting from the date of the trademark application. The national trade mark is generally also the best option when a business based in or is expanding only to Hungary. The term of registration may be renewed for a new ten-year term an unlimited number of times.

International trademark designating Hungary

Hungary is member of the Madrid Protocol and of the Madrid Agreement and can be selected in a trademark application at WIPO. If you encounter a provisional refusal, we can help you to analyse the situation and possibly also to solve it.

The trademark Registration process in SIX steps iN HUNGARY

First, receipt of your mark / brand or logo followed by …

Finalizing the list of goods ans services of the trademark

Following that, payment of the trademark application fee

Soon after, receipt of a Power of Attorney from you and – if needed – carrying out an optional trademark search

Trademark application at the HIPO online

In case of a smooth application, registration of the trademark within six months, receipt of the electronic Certificate of Registration from the HIPO

The Hungarian trademark registration procedure in more detail

Trademark in Hungary - Hungarian  trademark registration
Copyright: Adam Hornyak 

Regular Process

The registration process relating to trademarks in Hungary starts with filing a trademark application with the Hungarian Intellectual Property Office. In addition to the details of the applicant, the application contains information concerning the trademark to be protected and the goods or services for which the trademark is to be protected. During the application process, the Hungarian Intellectual Property Office examines whether the Hungarian trademark fees have been paid and if the trademark is registrable. In case the patent office discovers obstacles for the trademark, it issues an official action that needs to be responded to within the prescribed time. The most typical obstacles for trademark registrations include the following:

The trademark lacks distinguishing ability
The trademark may be confused with another trademark or business name registered earlier
The trademark is somebody’s last name
The trademark is geographically misleading.

Accelerated process

There are two types of urgent registration procedures at Hungarian Inteleltual Property Office (HIPO). The regular accelerated procedure costs same as the application fee so as a result you have to pay double and have a slightly faster procedure – 5 months instead of 6-8 months. What really makes sense is the the extra accelerated procedure. Although this costs 150% of the application fee, so as a result you pay 250% of the application fee, the mark will be registered at the time of publication. The registration is therefore very fast, it could be in less than one or two months, after the examination phase and before opposition. Should the Hungarian trademark be opposed, the registration will be cancelled as long as the opposition will be adjudged.

Trademark search

For branding you can surely rely on your own market knowledge and market search. A trademark search in Hungary is of course also important before the application. Basically you should expect trademark oppositions from your competitors with similar marks. If you are not familiar with the Hungarian market, we can help you out and run some specific internet searches to list your competitors. As a result, at the day of application, you will know how risky a Hungarian trademark application is. Ultimately it is your decision to take business risks. It is our task to clear you up about them. Obviously, if a mark is risky, you can wait until the end of the opposition period before investing in it.

HUNGARIAN Trademark Fees – Clear & Fixed –

HunGarian Trademark application IN ONE class OF GOODS / SERVICES

HUF 60 000

The sign can be a word or device mark, or a more special sign

We never charge for the registration of the trademark, nor does the HIPO

This is the statutory fee what we pay as the HIPO’s Hungarian trademark fee. Please ask for our fees

TRADEMARK APPLICATION IN Hungary IN SEVERAL CLASSES

from HUF 80 000

Two classes: HUF 80 000

Three classes: HUF 110 000

Additional class(es) over three: HUF 40 000

The legal fees and representation before the office, are not included

RENEWAL OF A HUNGARIAN TRADEMARK IN ONE CLASS OF GOODS / SERVICES

HUF 60 000

Our fee is not included but we never charge for receipt, checking or forwarding of the Certificate of Registration

The official Hungarian trademark renewal fee includes all foreseeable costs

Taking over HIPO representation

– ask for a quote-

Available before or after application of the trademark at the HIPO

As trademark attorneys and representatives will get back to you soon and provide you with a competitive quote

PROFESSIONAL trademark search IN HUNGARY

– ask for a quote –

This extended search includes hits that may be confusingly similar in the HIPO, EUIPO and WIPO registries

We gladly check if your mark has been registered by the HIPO, with a free trademark search. This should only serve as a starting point

Oppositions, ASSIGNMENTS, CANCELLATIONS, refusals

– ask for a quote –

Defense and offense

Or to overcome an ex officio refusal

To record a transfer or assignment or a change of name or change of address at the HIPO

Frequently Asked Questions – FAQ

WHAT DOCUMENTS DO I NEED TO FILE A HUNGARIAN TRADEMARK APPLICATION?

To file a Hungarian trademark application we do need a Power of Attorney (PoA) or authorization. The PoA needs to be signed and scanned, the HIPO does not require any legalization or original copies normally. We also need the full name, address, postal code of the applicant and the list of products / services.

CAN THE POWER OF ATTORNEY FILED LATER?

Yes, the Hungarian Intellectual Property Office allow for the POA to be late filed, normally within a month. This allows us to start the trademark application process right away, without waiting for the written POA.

HOW MANY PRODUCTS DO I NEED?

It is really not about the number of goods, but to have a coverage. Above all, the goods / services must be covered that you will use in the next few years for sure. It also makes sense to take a step back a little and think in categories, not just about the current product line.

WHAT ARE THE BIGGEST PROBLEMS FOR HUNGARIAN TRADEMARK APPLICATIONS?

The biggest pitfall of them all is lack of individual character. For instance, if the trademark is descriptive, it will not function as a brand properly and will be refused by the HIPO. In other words, if you seek a Hungarian trademark registration you have to come up with something. On the other side, the second biggest pitfall is a conflicting earlier mark. Later, this could lead to the cancellation of the trademark. However, this risk can be minimized by trademark and market search.

HOW LONG IS A HUNGARIAN TRADEMARK PROTECTED?

The protection lasts ten years and can be renewed again and again. We would gladly assist you in the renewal of your trademark . If you want to renew a Hungarian trademark, you should consult us in due course. It only makes sense to renew a trademark if there is a commercial purpose of it. The renewal process is fairly simple, however, close attention must be paid to the deadlines and formalities.

ARE THE STATUTORY FEES FOR AN HU TRADEMARK TAXED?

Official fees of the HIPO have zero VAT.

ARE THE EHUNGARIAN TRADEMARK FEES FAIR AND LOW?

As far as we know, the prices for Hungarian trademarks are not low. Obtaining a trademark in Hungary in not cheap, neither nominally, nor in comparison with the GDP. It is still a good option paralel to a European trademark if you expect that your EU mark will be attacked by means of an opposition or cancellation action.

WHO CAN APPLY FOR A HUNGARIAN TRADEMARK?

Any natural or legal person, irrespective of nationality or place of business, including authorities established under public law.

WILL MY BRAND BE AUTOMATICALLY REGISTERED?

No. The Hungarian trademark system is harmonized in the EU but it is still unique and has some special features and particularities. Not all marks may be eligible to be protected as a Hungarian trademark even if they are registered as trademarks elsewhere. It is therefore essential to consult an experienced trademark attorney before the trademark application.