Declaration of invalidity (geographical indications)

In proceedings for declaration of invalidity of the protection of geographical indications, the provisions on proceedings for declaration of invalidity of a trade mark shall apply accordingly.

Kulcsszavak: geographical indication, declaration of invalidity, appellations of origin, agricultural goods, spirit drinks, wines, community level protection, international protection, list of products

Any person may request the declaration of invalidity of a geographical indication based on absolute grounds set out in the Hungarian Trade Mark Act.

Declaration of invalidity based on relative grounds may only be requested by the holder of an earlier conflicting right or rights.

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.

The proceedings for declaration of invalidity of a geographical indication shall be initiated by filing a request for declaration of invalidity.

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 procedures concerning geographical indications visit:

 

https://www.sztnh.gov.hu/en/geographical-indication

 

There is no administration deadline defined in the applicable laws. The administrative deadlines laid down in the Act on General Public Administration Procedure do not apply nor do apply the provisions of the Act on General Public Administration Procedure which set a deadline for other measures of the acting authority.

The fee of a request for declaration of invalidity of a geographical indication is HUF 140 800.

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

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

Decree No. 16/2004. (IV.27.) IM on the detailed formalities of trademark applications and applications for the protection of geographical indications 

Government Decree No. 178/2009. (IX. 3.) on the procedure for the Community protection of designations of origin and geographical indications of wine products as well as the inspection of these products 

Government Decree No. 158/2009. (VII. 30.) on the procedure for the protection of geographical indications of agricultural products, foodstuffs and spirit drinks as well as the inspection of these products 

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

 

SZTNH