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

• Request for registration
• Name and address of the Applicant
• Representation of the Mark (the sign
• List of Goods and Services according to Nice Classification 11^thEdition (Classes 1-45)
• Priority date, country and number and the original Priority document which can be submitted subsequently within 3 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 two months from the date of filing
• The registration procedure takes about nine 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 four 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, one month 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
• Upon payment of renewal fees the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last six months of the previous ten year protection period

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)

  • • General Power of Attorney (if not general, the trademark will be left unrepresented)

• Change of Address Requirements

  • • Change of address document (company extract, deed of association, notarial document)
    • General Power of Attorney (if not general, the trademark will be left unrepresented)

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
• 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

Filing a National Phase of PCT Application – Requirements

• Name and address of the Applicant
• Name and address of the Inventor(s)
• 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
• 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 term can be extended for a maximum of 9 months
• Power of Attorney simply signed by the Applicant – can be submitted subsequently. The term can be extended for a maximum of 9 months
• 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 Application is to be filed with the Office within 30 months as from the Priority Application date

Registration Procedure

• The Search Report issued by the Office is published after the formalities have been completed. The Applicant is obliged to file the request for full examination of the Patent Application within 6 months from the day of publication of the search report and pay the official fee for the full examination. The fees are payable from publication of the search report. 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

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

Recording changes in the Register

• Assignment of Rights Requirements

  • • Power of Attorney simply signed by the Assignor
    • 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. 1. 1. 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. 1. 1. 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
• 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
• Full and short title of the industrial design
• Representation of the design
• Description of the product according to the design or reference to the priority document
• A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
• Power of Attorney simply signed by the Applicant’s representative
• Priority document
• Filing fee must be paid duly

Registration Procedure

• 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

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 Assignor
    • 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. 1. 1. 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. 1. 1. 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.