According to the definition a trade mark is any graphic sign that can be appended to any trading service and it is used to separate a company’s goods and services from other companies. Trademarks are usually employed as marketing and advertisement tools.
In Hungary trademark is part of the intellectual property and is protected by the Hungarian government through legislation. Hungary recognizes as trademark letters, words or combination of words, names, slogans, pictures, colors, sounds and any combination between these.
Any Hungarian resident or legal entity has the right to register a trademark. The trademark can be used in trade relations and allows the owner to let others use it under certain terms and conditions in Hungary. Any violation of these terms and the any other use of a trademark that breaches its registration enable the owner to legally act against the wrongdoing.
In order to register a trademark in Hungary the following procedure must be followed:
· Filing an application with the Hungarian Intellectual Property Office, or an international application form according to the Madrid Agreement and Protocol for international registration of trademarks. The application form must contain a request for trademark protection, the applicant’s identity, the sign used as a trademark and the goods it represents. Foreigners must appoint a natural representative that will conduct the trademark registration procedures.
· An application fee must be paid within two months from the application date.
· A list with all the goods the trademark will represent. It must be submitted in Hungarian within four months from the application date.
After the date of filing is granted, the information on the trademark request will be published. During its publication third parties can oppose the registration and the Hungarian Patent Office will examine the form to see if any grounds for refusal exist.
It must be noted that the application cannot be altered or modified. In case the owner wants to register more than one trademark, all amendments or divisions of goods the trademark will be registered for must be made before the application is filed.
If the application is correct, has not been opposed and satisfies all the demands of law, the trademark is registered by the Patent Office and it will be published in the Official Gazette.
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