LOCATIONS

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Filing a National Phase of PCT Application – Requirements
• Time limits for filing a National phase of PCT Application
• Registration Procedure
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Conventions

• Paris Convention
• Madrid Agreement
• Madrid Protocol
• PCT Convention
• EPC

Patent Law of 1 January 1996

Law on the protection of Trademarks and Geographical Indications of 1 July 1997

Law on the protection of Industrial Design of 1 January 2002

Trademarks

Filing the Application – Requirements

• Trademark applications are filed online, similar to the EUIPO’s system;
• Name and address of the Applicant;
• Representation of the Mark (the sign);
• List of Goods and Services according to Nice Classification 121^thEdition (Classes 1-45);
• Priority date, country and number and the original Priority document which can be submitted subsequently within 4 months from the Application date;
• Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days.

Registration Procedure

• Trademarks applications are subject to the payment of a filing fee; the fee must be paid within one month from the date of filing;
• The registration procedure takes about 7-8 months from the application date;
• Where the list of goods or services in the trademark application has been prepared in a foreign language, the list of goods or services must be filed in Hungarian within two months from the date of filing.

Observation

• During the procedure for the registration of a trademark any person may file an observation with the Hungarian Intellectual Property Office to the effect that the sign may not be granted trademark protection.

Publication of the trademark application

• If a trademark application satisfies the requirements the Hungarian Intellectual Property Office will publish it, at the earliest, 15 days after the search report has been sent to the applicant.
• After publication, official information will be published in the official journal of the Hungarian Intellectual Property Office.

Opposition

• Opposition against the published Trademark Application can be filed within three months from the date of publication

Registration of the trademark

• If the trademark application and the sign to which it relates meet all the requirements of the examination the Hungarian Intellectual Property Office will register the subject matter of the application as a trademark. The date of the decision on registration will be the date of registration of the trademark.

Duration

• Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date

The request for renewal shall be filed within a period of six months before the date of expiry of the protection with the simultaneous payment of the renewal fee. In case of failure to do so, the request may be filed – with the simultaneous payment of the renewal fee increased by an additional fee – within six months from the expiry of the protection. The Trademark can be renewed unlimited times each time for ten years.

Recording changes in the Register

Assignment of Rights Requirements

• Original assignment deed;
• General Power of Attorney (if not general, the trademark will be left unrepresented).

Change of Name Requirements

• Change of name document (company extract, deed of association, notarial document);
• Scanned copy of a simple signed Power of Attorney. Notarization or legalization is not required. The registered representative will remain unchanged during the recordal of change procedure.

Change of Address Requirements

• Change of address document (company extract, deed of association, notarial document);
• Scanned copy of a simple signed Power of Attorney. Notarization or legalization is not required. The registered representative will remain unchanged during the recordal of change procedure.

Patents

Filing a Conventional Application – Requirements

The application must contain the following elements

• Request;
• Name and address of the Applicant;
• Name and address of the Inventor(s);
• Priority date, country and number;
• Description of Patent;
• Patent Claim or Claims;
• One or more drawings (where drawings are necessary for an understanding of the invention);
• Abstract – summary of the invention;
• The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
• Power of Attorney simply signed by the Applicant – it can be submitted subsequently;
• Priority document – can be submitted subsequently, within four months from the Application date (internal priority). within four months from the Application date.

The document establishing convention priority (priority document) shall be filed within sixteen months from the date of the earliest priority claimed.

• Translation of the description, claims and abstract into the local language, can be filed subsequently within four months from the Application date;
• Fee shall be paid in two months from the date of filing;
• certification of exhibition (if any).

Filing a National Phase of PCT Application – Requirements

• Name and address of the Applicant;
• Name and address of the Inventor(s);
• Description of Patent in Hungarian;
• Patent Claim or Claims in Hungarian;
• One or more drawings (where drawings are necessary for an understanding of the invention) in Hungarian (if any text included);
• Abstract – summary of the invention in Hungarian;
• Priority date, country and number;
• International Search report;
• International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty;
• PCT Request;
• PCT Publication page;
• The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently. The client shall be granted a time limit of at least two months and up to four months, which may be extended by at least two months and up to four months upon request submitted before the expiry of the time limit. In particularly justified cases, extensions of more than one month or of more than four months but not more than six months may be granted;
• Power of Attorney simply signed by the Applicant – can be submitted subsequently. The client shall be granted a time limit of at least two months and up to four months, which may be extended by at least two months and up to four months upon request submitted before the expiry of the time limit. In particularly justified cases, extensions of more than one month or of more than four months but not more than six months may be granted;
• Translation of description, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

• The Applicant must file the application translated into Hungarian (description, claims, text of drawings, abstract, name and address of the inventor) and pay the fees within 31 months as from the Priority date to the HIPO;
• Submission of the translation and payment of the national fee can be completed in 3 months calculated from the end of the 31 month-long period, however in this case surcharge is due;
• There is the possibility to file in integrum restitutio in the event the above deadlines are missed.

Registration Procedure

• Filing of the application;
• HIPO examines whether the application meets the requirements for filing date recognition, whether official fee is paid, whether the patent description, abstract and drawing(s) in Hungarian have been filed;
• Formal examination;
• Novelty search (accompanied by a written opinion);
• Publication of patent applications, official information on the conduct of the search for novelty;
• Substantive examination (at the request of the applicant).

Substantive examination may be requested at the same time as the filing of the patent application or, thereafter, at the latest six months after the date of the official communication (A1 or A3 publication) on the conduct of the search for novelty. The fee for the substantive examination can be paid in 2 months calculated from the submission of the request.

• Observations can be filed by anyone during the patent granting procedure. The person filing the observation is not party to the proceedings before the Office; However, the Office should submit its Decisions to the person filing the observation.
• Office grants the patent.

Duration

• 20 years from the application date for conventional Patents;
• 20 years from the International filing date for the National Phase of PCT patents;
• Definitive plant variety protection will have a term of 25 years or, in the case of vines and trees, a term of 30 years, from the date of the granting of the protection;
• The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or three months after the expiration of the protection period without any surcharge; or during the 4^th– 6^thmonths from the expiry date with a 50% fine. The first payment should be made upon publication of the Patent Application: the maintenance fees which become due prior to the publication of the patent application may also be paid within a grace period of six months from the date of publication, the maintenance fees which become due prior to the grant of a patent granted on the basis of an application treated as classified data may also be paid within a grace period of six months from the date on which the granting decision becomes final, while all other annual fees may also be paid within a grace period of six months from the due date. Regarding patents, the maintenance fees are due from the 4^th year, while regarding plant variety cases the annual fees are due from the first year.

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignee. The Power of Attorney must be general, without it the case will be left unrepresented;
• Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required.

Change of Name Requirements

• Power of Attorney indicating the new name, simply signed by a representative of the Company

1. Extract from the Register of Companies showing the change of name; or
2. Statement from the Secretary of State showing the change of name.

Change of Address Requirements

• Power of Attorney indicating the new address, simply signed by a representative of the Company

1. The extract from the Register of Companies showing the change of address, or
2. The statement from the Secretary of State showing the change of address.

Industrial Design

Filing the Application – Requirements

• Reference to the right to design protection;
• Name and address of the Applicant, in the case of more than one applicant, the proportion of entitlement, if not equal;
• a statement that the applicant is the author or his successor in title;
• Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
• Information regarding the number of external shapes the protection is requested for;
• The denomination of the product embodying the design;
• Representation of the design: photograph or a graphic presentation of the product for which protection is requested. In place of filing the representation of the design, reference to a priority document is sufficient for according a date of filing;
• Description of the product according to the design if necessary;
• Power of Attorney simply signed by the Applicant’s representative;
• Priority document within four months after filing the application;
• Filing fee must be paid duly within two months after the filing date;
• Optional: request on “Opinion on the fact whether a design application is suitable for protection” Please note that the request can be filed together with the application or after the design has been granted. The followings will be examined: novelty, individual character, compliance with the concept of design, the following grounds for refusal. Grant of protection is independent from this opinion.

Registration Procedure

• Filing the above-mentioned required documents and data;
• Following the filing of the design application, the Hungarian Intellectual Property Office examines whether the application conforms with the conditions prescribed at the date of filing;
• If the application meets the requirements and the Office establishes the date of filing;
• Substantive examination (whether the application meet the requirements set in the Design Act, whether it is excluded from the protection);
• HIPO grants the protection.

Duration

• Design protection will have a term of five years starting on the date of filing;
• Design protection can be renewed for further periods of five years, four times at the most. In the case of renewal, the new design protection period will begin on the day following the expiration date of the previous period;
• Design protection cannot be renewed after the expiration of a period of twenty-five years from the date of filing.

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignee;
• Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required.

Change of Name Requirements

• Power of Attorney indicating the new name, simply signed by a representative of the Company

1. Extract from the Registers of Companies showing the change of name; or
2. Statement from the Secretary of State showing the change of name.

Change of Address Requirements

• Power of Attorney indicating the new address, simply signed by a representative of the Company

1. The extract from the Register of Companies showing the change of address, or
2. The statement from the Secretary of State showing the change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.