Frequently asked questions:

Frequently asked questions:

 

1. I would like to protect my product with a "name" so that others cannot put it on the market.

2. Among the industrial property protection categories, it is the trademark that may help in this.

   The trademark (as a distinctive sign) allows goods and services to be identified and distinguished from each other in trade. It helps customers in orientation and it has an important role in the field of marketing and advertising. This function may be filled only by registered signs suitable for identification and satisfying conditions stipulated by law i.e. by the trademarks. Trademark protection means that only the person for whom the registration was made is entitled to use the trademark in trade in connection with specified goods or services. This means that the trademark does not protect the goods or the services, but it distinguishes them from others' goods and services.

3. What do the class of goods and list of goods according to the Nice Agreement mean?

4. Class of goods: a category which serves the classification of goods and services for the purposes of the registration of trademarks. The definition of classes of goods and their content must be stated according to the list annexed to the Nice Agreement.

   List of goods: enumeration of goods and services in relation to which trademark protection is demanded for the sign.

   The interpretation of the detailed content of the list annexed to the Nice Agreement and the exact use of the classes of goods mentioned in it requires expertise and experience. The Hungarian version of the 8th edition of the Nice Classification published by the Office helps in this. It is accessible in electronics form on the Office's website: http://classifications.mszh.hu/nice/

5. For further information: Client Service

6. How can I protect a "logo" abroad?

7. The protection of the trademark registered in Hungary covers only the territory of Hungary. Therefore, if someone sells his goods bearing the trademark or offers his services distinguished with a trademark abroad, it is advisable to obtain trademark protection in the given state or states as well. This is possible by filing national trademark applications in each country, but a foreign representative is required for this.

   Furthermore, there are international agreements which allow trademark protection to be claimed or obtained with an effect extending to several countries by filing a single application.

   For further information: Guide for trademark applicants (Hungarian only)

8. Is it necessary to translate relating documents when requesting changes in the case of international trademarks?

9. Changes relating to international trademarks are recorded by WIPO on the basis of documents forwarded by the national offices. Forms are available for requesting changes at the International Trademark Section of the Hungarian Intellectual Property Office.

10. How can the trademark "patent" be renewed?

11. The trademark and the patent mean different forms of industrial property protection.

    Patent protection cannot be renewed. It is, however, possible to renew the trademark protection. The owner of the trademark may request the renewal of the trademark protection. The request for renewal may be filed at the earliest twelve months prior to the expiry of the protection and at the latest within six months from the date of expiry. The prescribed administrative service fee must be paid for the renewal at the latest within two months from the date of filing of the request for renewal.

    The registered mark cannot be changed on the occasion of the renewal and the list of goods cannot be extended.

12. What are the customs consequences if I import or export products bearing the trademark of the owner without his consent?

13. Government decree no. 128/1997 (VII.24.) Korm. gives information in this question since it contains in detail the measures which may be taken by the customs authorities and the conditions relating to their application.

14. What relations can domain names have with trademarks?

15. The Hungarian Intellectual Property Office does not deal with the registration of domain names! This activity is carried out by domain name registrars. The registration of domain names may raise trademark law problems, therefore it is advisable to make previous searches relating to the name in the Trademark Register as well. In this way it is possible to avoid an eventual trademark infringement and its consequences.

    For further information: Trademark aspects of domain name registration