Because Hungary is a “first to file” jurisdiction country, trademark registration in Hungary is required to get rights to a trademark. Unregistered trademarks can only be protected in exceptional instances.
In order to guarantee trademark protection in Hungary, one either register with the Hungarian Intellectual Property Office (HIPO) or file an application to European Union Trademarks (EUTM), which provides protection throughout the European Union.
Hungary is a signatory to the Madrid Protocol as well. As a result, this country can use the Madrid System to extend an international trademark registration.
In order to register a trademark, it does not need to be in use in Hungary. Prior use, on the other hand, may be effective in overcoming an objection based on a lack of distinctiveness by showing that the trademark has acquired uniqueness.
If you register a combination trademark (one that has both word and figurative elements) in Hungary, you only have the exclusive right to use it in the precise form or manner in which it was filed and registered. It is recommended that you apply for another trademark if you want to utilize the word element of your trademark separately from the logo (or vice versa), It is recommended that you apply for a separate trademark that only includes the words or figurative elements you want to use and protect.
However, if a third party later wants to register or use a trademark for similar products or services that includes a principal or distinct element or portion of your trademark, you will have the right to object based on confusing resemblance.
A third party can file an opposition action against a trademark application within three months of its publication date. The chances of an opposition succeeding will vary depending on the facts in each A third party can file an opposition action against a trademark application within three months of its publication date. The chances of an opposition succeeding will vary depending on the circumstances in each situation.
Although a trademark does not have to be in use to register, it must not be inactive for more than five years or it will be subjected to cancellation claims based on lack of use. The amount of use must be commercial in nature.
In Hungary, registered trademarks are valid for ten (10) years from the date of application and can be renewed indefinitely for yet another ten (10) years. Renewal of a trademark can be requested up to twelve months before the expiration date. It can also be requested during the six-month grace period following expiration, for a late renewal charge.
Please find the list of Hungary IP Firms here