Trademark registration in Hungary

Trademark registration become more important in Hungarian economy, which is belonging to the group of developed economies. Hungary’s GDP in 2023 is estimated at $182 billion, ranking 58th in the world. The GDP growth rate in 2023 is estimated at 4.5%, higher than the EU average. Hungary is located in the heart of Europe, strategically located to access a vast market of more than 450 million people. The transport system is developed, connecting with neighboring countries and vast Europe. Industry in Hungary is diverse, with key industries such as automotive, electronics, pharmaceuticals, and information technology. The knowledge economy develops, many innovative startups. In addition, Hungary is a member of the European Union (EU) and the Organization for Economic Co-operation and Development (OECD), which facilitates Hungarian businesses to access a large market. Hungary has a long culture and history, attracting international tourists, contributing to economic development. In order to create a healthy business environment and attract capital from foreign investors, the Hungarian government has many preferential policies to attract foreign investment. Competitive tax rate system, corporate tax rate of 9%. Simple and transparent administrative procedures. To be able to distinguish your brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law Firm would like to guide customers preliminarily through the procedures for trademark registration in Hungary through the article below.

Legal basis

• Law XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated January 1, 2019)

Definition of “trademark” in Hungary

A trademark is defined as:

• Any sign that can distinguish the goods or services of one subject from other subjects.
• This mark must be able to be shown in the Register of Trademarks that allows the public and authorities to see it clearly and accurately.

Here are some examples of markings that can be registered as trademarks in Hungary:

• Words or phrases, including proper names and slogans
• Letters, numbers
• Drawings, photos
• Two- or three-dimensional shapes, including the shape of goods or their packaging
• Colors, color combinations, light signals, holograms
• Audio signal

Conditions for trademark registration in Hungary

To register a trademark in Hungary, an enterprise’s trademark must meet some of the following conditions:

Distinguishable: The most important factor is that the brand of the business must be distinguishable. It needs to clearly differentiate the goods or services of the business from competitors. Generic terms, descriptive phrases, or common shapes will not qualify.

 Expressability: A trademark must be able to be represented visually in the Trademark Register. This allows the public and the Hungarian Intellectual Property Office to clearly and accurately identify.

Legal: A trademark must not violate any law or public order. It should not deceive, insult or infringe existing trademarks or geographical indications.

Registerability: A trademark must be registerable. This means that it must not be identical or confusing to an existing registered trademark for similar goods or services.

Trademark registration dossier in Hungary

Application form: The applicant needs to complete  the trademark registration TM4 form provided by the Hungarian Intellectual Property Office (HIPO). This form can be found on their website (https://www.sztnh.gov.hu/en)

Brand representation: An image that clearly and accurately represents the applicant’s brand. This can be an image, drawing, or description file depending on the nature of the brand.

List of goods and services (in Hungarian): A detailed list of the specific goods or services for which the applicant’s brand will be used. This listing must be in Hungarian and accurately reflect the intended use of the brand.

Information about the applicant: Full contact information of the applicant, including name, address, and nationality. If applying through a representative (mandatory for foreign applicants), the representative’s information should also be provided.

Receipt of payment of fees

Trademark registration fees in Hungary

The trademark registration fee in Hungary depends on the number of groups of goods and services to which the applicant’s trademark applies. Here are some basic fees:

• First group: Consists of three groups and is the basic fee.
• Second and third groups: An additional fee per group is required for the second and third groups the applicant adds to his application.
• Additional groups: Any group outside the third group will have to pay an additional separate fee for each group.

Here’s an example of a fee based on the number of pools:

• One group: 60,000 HUF (approx. €147)
• Two or three groups: Basic fee (about 60,000 HUF) + €50 for each additional group (second and third)
• Four or more groups: Basic fee + €50 for second and third groups + €367 (approx. HUF 150,000) for each additional group (fourth and more)

How to file a trademark application in Hungary

To file for trademark protection in Hungary, customers can file by the following filing methods:

• Direct submission: You can go directly to the Hungarian Intellectual Property Office (HIPO) address II. János Pál pápa tér 7 H-1081 Budapest to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the Hungarian Intellectual Property Office (HIPO) address II. János Pál pápa tér 7 H-1081 Budapest.
• Submit online: Log in to the link and follow the instructions to pay the required fee: http://epub.hpo.hu/e-nyilvantartas/?lang=HU

Trademark registration in Hungary through the European Union system

• The EU trademark provides uniform protection across all member states of the European Union.
• The European Union Intellectual Property Office (EUIPO) in Alicante (Spain) is responsible for registration.
• The initial term of protection of the EU trademark is ten years. It can be renewed indefinitely according to subsequent ten-year terms.
• Regulation (EU) No 2017/1001 of the European Parliament and Council of 14 June 2017 contains all legal provisions relating to EU trademarks.

Trademark application through the European Union System

Application form: The application form is downloadable from the European Union Intellectual Property Office (EUIPO) website. The applicant needs to complete information about the owner, trademark, and list of goods/services.

Brand image: Clear, sharp, fully branded images in JPG or PNG format, up to 2 MB in size.

List of goods/services: A detailed description of the goods/services for which you want to protect your trademark through the Nice classification system.

Registration fee: Basic fee: €850 for each additional group of goods/services the fee will increase by €150

Trademark registration in Hungary via the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Hungary acceded to the Treaty of Madrid on January 1, 1909.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Hungary accessed the Madrid Protocol on 3 October 1997.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Applications with Hungarian designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or Hungarian;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Hungary of Viet An Law Firm

• Carry out the search and notify customers in writing the results of trademark search in Hungary;
• Drafting dossiers and directly submitting and monitoring the status of trademark filing dossiers in Hungary on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Hungary;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Hungary.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application in Hungary, please contact Viet An Law Firm for the most effective support.