Hungary Trademark Registration

In Hungary, trademark registration is mandatory to obtain rights over a mark, as it is a “first to file” jurisdiction. This means that, in practice, you must file and register your trademark in order to secure protection. Only in some exceptional cases can an unregistered trademark be protected.

To obtain protection in Hungary, you can:

• Register locally via the Hungarian Intellectual Property Office HIPO,
• Or register regionally by filing a European Union Trademark (EUTM), which grants protection throughout the European Union.
• Hungary is also a member state of the Madrid Protocol, so you can extend an international registration to Hungary via the Madrid System. We offer trademark filing services through the Madrid System.

A trademark does not need to be in use in Hungary to be registered. However, prior use may help overcome objections based on lack of distinctiveness, by proving that the trademark has acquired distinctiveness.

If you register a combined trademark (with both word and figurative elements), your exclusive right is limited to the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is advisable to file additional trademarks for those separate elements.

To register a trademark in Hungary, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time frame to register a trademark in Hungary is around 9 months for straightforward cases. This is an estimated processing time based on current timeframes and may vary considerably depending on the circumstances.

Registered trademarks in Hungary are valid for 10 years from the application date and can be renewed indefinitely for further periods of ten (10) years.

• Renewal can be requested as early as six (6) months before the expiration date.
• It can also be requested during a grace period of six (6) months after expiration, subject to payment of a late renewal fee.

Although use is not required for registration, a trademark must not go unused for periods of five (5) years, otherwise it becomes vulnerable to cancellation actions based on lack of use. The use must be on a commercial scale.

Yes. Third parties may file opposition actions against a trademark application in Hungary.

• An opposition can be filed within three months from the date of publication of the application.

The probability of success will depend on the specific circumstances of each case, including the similarity between the trademarks and the goods or services involved.

Hungary recognizes three-dimensional (3D) trademarks, allowing protection for distinctive product shapes or packaging. The Hungarian Intellectual Property Office (HIPO) handles these registrations.

For a 3D trademark:

• Applicants must provide a clear graphical representation of the mark from multiple angles.
• The shape must be non-functional and capable of distinguishing the goods or services from those of other undertakings.
• The 3D mark must not result from the nature of the goods themselves.

If the shape lacks inherent distinctiveness, it may be necessary to submit evidence of acquired distinctiveness through use in the Hungarian market. More information is available on the HIPO website.