A symbol, a distinctive mark, words or a combination thereof may be registered as a trademark in Hungary pursuant to Act IX. of 1969 on Trademarks.

The application has to be filed with the Hungarian Patent Office ("HPO" Magyar Szabadalmi Hivatal). The HPO has the authority to examine trademark applications, register trademarks, renew the period of trademark protection, cancel the protection of trademarks, decide in negative averment proceedings and any other procedures related to trademarks which do not fall in the jurisdiction of the Metropolitan Court of Budapest.

A private or legal person having its residence or registered seat in Hungary may file an application on its own to get a trademark registered in Hungary. A foreign company may, however, only file its application by its attorney or patent attorney.

The following documents shall be attached to the application:
1. The application showing the name and registered seat (residence) of the applicant and the description of the company's scope of activity.

2. The international class for which protection is requested must also be expressly stated in the trademark application;
Hungary became a signatory to the International Treaty of Nice on the International Classification of Goods and Services. Therefore the classes for which applications are filed for are identical with the international classes. Certain restrictions apply, however for example if an application is filed for 5 international classes, the applicant may not modify its application later and ask for trademark protection for 10 additional international classes. If the applicant did not expressly state the international class on the registration application for which protection is sought, the HPO may not indicate the international class which is identical with the scope of activity of the company (eg. laundry-for international class No. 37).

3. The mark, symbol, words to be protected by the trademark have to be described in the application. In case of a picture trademark the colored picture in a 5-5 cm draft in 6 copies must be enclosed as an Annex.

4. The registration fees have to be fully paid up. Such fee is HUF 15.000,- for the first international class and HUF 5.000,- for each additional class. If more persons apply jointly for trademark registration, the fees amount to HUF 75.000,- for the first international class and HUF 25.000,- for each additional class.
If the application does not include the documents or data or is not accompanied by the fees set forth in points 1- 4 above the application will be rejected by the HPO.

5. Any priority rights regarding the distinctive mark for which protection is applied for must also be attached to the application. The date of the application to the HPO is relevant to determine the priority date of trademark protection. As Hungary signed the International Treaty of Madrid on Trademarks, the owner of the trademark who has its trademark registered in a country which is signatory to the Treaty of Madrid, may file an application in Hungary within 6 months from the initial application. In this case the date of filing the registration in that foreign country shall be deemed to be the date of the application in Hungary. (Anyone wishing to use this priority has to provide the HPO with the necessary documentation evidencing such priority, the registration number in the given country).

In the event a trademark is exhibited on a fair or an exhibition the date of which is published by the chairman of the HPO in the official Hungarian Gazette in which all new Hungarian legislation is published ("Magyar Kozlony"), the priority date of trademark applications for trademarks exhibited at such fairs and exhibitions is not the actual date of the application but the date of the fair on which the trademark was exhibited.

It takes about 1-2 years to have a trademark registered in Hungary. Trademark protection lasts for 10 years, which may be renewed several times by the owner of the trademark for additional 10 year periods.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information please contact: Beiten Burkhardt & Mittl Wegener Lawyers, Jozsef Nador ter 9, H-1051 Budapest, Tel: (36)(1)2661881, or enter a text search "Beiten Burkhardt Mittl and Wegener" and "Business Monitor".