TRADEMARK APPLICATION FILING IN
Hungary

The Hungarian Intellectual Property Office (HIPO) is the official body responsible for overseeing all intellectual property matters in Hungary. As the country’s central authority on patents, trademarks, and designs, HIPO plays a key role in protecting innovation and encouraging creativity. By managing and enforcing intellectual property rights, it helps support Hungary’s economic growth and technological development.

Hungary follows a “first-to-file” system for trademark registration, meaning that trademark rights are granted to whoever files an application first. All trademarks must comply with the rules set out in Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications.

The trademark registration before the Hungarian Intellectual Property Office (HIPO) can either be filed through the online portal or via offline mode.

Multi-class applications are allowed by the Hungarian Intellectual Property Office (HIPO).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*POA to be signed and submitted within thirty days;

• Original priority document*;

*If priority is being claimed, an Original Priority Document must be submitted within four months of filing.

The process of registering a trademark in Hungary begins with the submission of the application before the Hungarian Intellectual Property Office (HIPO). Once the TM application is filed, the application undergoes a formal examination by HIPO to ensure it meets all the required standards. Thereafter, the applicant will be notified of the accorded date of filing. If the date is not accorded, then the applicant will be called to rectify the irregularities within thirty days. During this period, anyone can file observations on grounds to not grant the mark to the applicant. The applicant will be informed about such observations, and the decision taken by the office will be communicated to both parties. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the HIPO will notify the applicant and provide a specified time to reply to the issued office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Official Trademark Journal, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition along with the grounds of opposition. The applicant will receive the notice, and the HIPO will assess the admissibility. If any issues or discrepancies are identified during the evaluation, the HIPO will notify opponent, and provide a specified time to reply to the issued objections. The office will then set up an oral hearing to hear both sides of the dispute or provide the parties the opportunity to request a consensus decision.

A trademark registration in Hungary is valid for a period of ten years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the requisite penalty.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Hungary takes seven to nine months in straightforward cases.

Hungary is emerging as a strong player in the global trademark landscape. As per the World Intellectual Property Organization, it ranked 7th in Eastern Europe for trademark filings. In 2023, Hungary saw an 11% rise in global filings, with resident applications up by 16.2% and international filings increasing slightly by 0.7%.

The country is also attracting growing interest from international markets, with businesses from the UK, USA, and Russian Federation registering their trademarks in Hungary. By the end of 2023, 49,951 trademarks were active, reflecting a dynamic and steadily growing IP environment.