International trade mark application

The holder of a trade mark application filed with the Hungarian Intellectual Property Office and the holder of a trade mark registered by the Hungarian Intellectual Property Office may file, under the Protocol of June 27, 1989 relating to the Madrid Agreement (Protocol) , an international trade mark application to the International Bureau through the Hungarian Intellectual Property Office as Office of origin.

Kulcsszavak: innovation, intellectual property, industrial property, international trade mark, application form, forwarding an international trade mark application, fee for forwarding an international trade mark

The holder of a trade mark application filed with the HIPO / The holder of a trade mark registered by the HIPO

The international trade mark application shall be filed with the Hungarian Intellectual Property Office as Office of origin along with a request to forward the application. International trade mark applications shall be filed in English, French or Spanish language on a form prescribed by the International Bureau.

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

For more information on filing a trade mark application, the registering procedure, and other trade mark procedures, visit:

https://www.sztnh.gov.hu/en/trademark-protection

The HIPO forwards the international application within two months following the reception of the request. In case rectification of irregualarities by the requesting party is needed, deadlines may be longer.

International trade mark applications shall be filed in English, French or Spanish on a form prescribed by the International Bureau, along with a request directed to the HIPO to forward the application.

The fee for forwarding an international trade mark application is HUF 10 700 and shall be paid to HIPO directly.

The international trademark registration fee shall be submitted to the international Bureau: http://wipo.int/madrid/en/fees/sched.html

The fees for industrial property procedures shall be paid to the account No. 10032000-01731842-00000000 of the HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or registration number) and the purpose (legal title).

Hungarian Intellectual Property Office

The procedure for reviewing the decisions of the HIPO falls within the competence and exclusive jurisdiction of the Budapest-Capital Regional Court. Review of a decision may be requested by any party to the procedures before the HIPO, any person excluded from, or limited in, the inspection of files or any person whose legal status as a party to the procedure has been denied. Other participants in the proceedings before the HIPO may, in their own right, file an independent request for review against the relevant provision of the decision or the decision concerning them. The deadline for submitting a request for reviewing the decision is 30 days from the date of notification of the decision to the party or other party to the proceedings. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. A fee of HUF 10 500 must be paid when filing the request, in the case of electronic submission by bank transfer.

In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.

This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.

Please also be advised that the language of proceedings before the HIPO is Hungarian.

Further information is available at https://www.sztnh.gov.hu/en/client-service

National law

Act XI of 1997 on the Protection of Trade Marks and Geographical Indications

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Government Decree No. 147 of 2007 (VI. 26.) Korm. on the Detailed Rules Concerning Electronic Filing of Certain Documents in Industrial Property Procedures

Decree No. 16 of 2004 (IV.27.) of Minister of Justice (IM) on the Detailed Formal Requirements of Trademark Applications & Applications for the Protection of Geographical Indications

Enforcement of decision on intellectual property rights infringement -– Act LIII of 1994 on Judicial Execution [184/A. §]

International treaties

Paris Convention for the Protection of Industrial Property

Madrid Agreement Concerning the International Registration of Marks

Protocol of 1989 Relating to the Madrid Agreement Concerning the International Registration of Marks

Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement

Trademark Law Treaty

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

Nairobi Treaty on the Protection of the Olympic Symbol

SZTNH