Trademarks
Trademarks
What is a trade mark?
What sort of mark can be trade mark protection obtained for?
Are all trade marks registrable?
Who can obtain trade mark protection?
What rights do registered trade marks bring?
How to obtain a registered trade mark in Hungary?
How foreigners can apply for trademark protection?
What are the stages of the trade mark registration procedure?
How much does it cost to obtain a trademark?
How to obtain trademark protection abroad?
What can be done when the registration is infringed?
How long does trade mark protection last?
For application filed after 01/07/97: Lawon Trademark Protection No. XI of 1997
For application filed before 01/07/97 Lawon Trademark Protection No. IX of 1969
A trade mark is any sign which is capable of distinguishing goods or services from the goods or services of others and can be represented in the trade mark register in a manner which enables the authorities and the public to clearly and precisely determine the subject matter of the protection applied for or granted to its holder.
Such signs may include words, including personal names, designs, letters, and the shape of goods and their packaging.It is a basic tool of the economic competition and plays very important role in marketing and advertisement.
What sort of mark can be trade mark protection obtained for?
Signs which may be granted trademark protection:
- words, combination of words, including personal names and slogans,
- letters, numerals,
- figures, pictures,
- two- or three-dimensional forms, including the shape of goods or of their packaging,
- colours, combination of colours, light signals, holograms,
- sound signals,
- motion mark,
- multimedia mark,
- pattern mark,
- combination of the previous signs.
Are all trade marks registrable?
No. Registration is not allowed for marks excluded from protection bythe law (absolutegrounds for refusal and/or relativegrounds for refusal) e.g.
- consist exclusively of signs which may in the course of trade, refer tosome characteristic, e.g. the kind, quality, quantity or intended purposeof the goods or services;
- are customary in the current language or in the practices of trade;
- consist of a shape which results from the nature of the goods;
- may deceive consumers as to the nature, quality or other characteristics of the goods or services;
- are identical with or similar to, a mark already on the register in respect of the same goods or services, or similar goods or services;
- are identical with or similar to a mark having a reputation in the countryin respect of even dissimilar goods or services;
- are identical with or similar to a mark which is well-known in the countryeven if the mark is unregistered.
Who can obtain trade mark protection?
Any natural or legal person.
What rights do registered trade marks bring?
The right to use the trade mark in relation to the goods or servicesfor which it is registered or to let others use the trade mark under termsagreed with the registered owner. Also the right to take legal action againstothers who might be infringing the registration by using the same or similartrade mark on the same or similar goods or services for which the trademark is registered.
How to obtain a registered trade mark in Hungary?
By filing
- a national trade mark application to the Hungarian Intellectual Property Office or
- an international trade mark application governed by the MadridAgreement and/or the MadridProtocol on the International registration of Trade Marks.
How foreigners can apply for trademark protection?
- Foreign applicants have to authorize representatives residing in the relevant country.
- Foreign applicants have to be represented by representatives residing in Hungary.
- Domestic applicants do not have to have representatives, however, you arestrongly advised to obtain professional help offered by patentagents.
What are the stages of the trade mark registration procedure?
The following short guide summarizes the registration procedures.
How much does it cost to obtain a trademark?
The following table summarizes the feesshould be paid.
How to obtain trademark protection abroad?
By filing
- a trade mark application to the national industrial property offices of the relevant country,
- an international trade mark application on the bases of the MadridAgreement and/or the MadridProtocol to the Hungarian Intellectual Property Office which will be forwarded tothe Word Intellectual Property Organization;
- a so-called Community Trademark (CTM) application to the Officefor Harmonization in the Internal Market in Alicante, Spain.
The Hungarian Intellectual Property Office forwards the international as well as the Community trademark applications of the Hungarian applicants.
What can be done when the registration is infringed?
The registered owner of the trade mark has the right to take legal action and claim
- the declaration by court of the infringement;
- the cease of the infringement;
- satisfaction from the infringer e.g. by way of a declaration, made public if necessary;
- surrender of the enrichment obtained by infringing the registration;
- communication of data concerning the infringement;
- seizure of means used for infringment and of infringing products;
- measures by the customs authorities to prevent free circulation of infringing goods;
- damages.
How long does trade mark protection last?
For 10 years beginning on the filing date of the application, whichmay be extended through further periods of 10 years on the registered owner's request.