Hungary

Latest

View all
5 Mar 2019

Hungary amends trademark legislation: key changes highlighted

Act LXVII, which amends a number of industrial property laws in order to transpose Directive 2015/2436 into the national legislation, has entered into force in Hungary. This update reviews the main amendments introduced by the act. Read more

13 Feb 2019

Hungary amends official fee structure and amounts for trademark-related services

A new fee structure for trademark-related services has entered into force in Hungary. Official fees have decreased for services related to trademarks registered in one class only, but have increased for trademarks registered in two or more classes. Read more

7 Jan 2019

Protecting and enforcing design rights: Hungary

The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation. Read more

17 Aug 2018

A-Z guide of EU trademark court practice and performance: Finland to Hungary

In the second of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years. Read more

Anti-Counterfeiting

View all
13 Feb 2015

Pharmaceutical law amended to help combat counterfeit medicines

A significant addition to the Hungarian Act on Medicinal Products for Human Use has entered into force: Paragraph 20/A, entitled “Temporary inaccessibility of electronic data”. The amendment allows the National Institute for Quality and Organisational Development in Healthcare and Medicines to combat the sale of counterfeit drugs online faster and more effectively.

Read more

27 Jul 2004

New customs department will combat counterfeit and pirated goods

Hungary has established the Intellectual
Property Enforcement Department in order to prevent the importation of pirated
and counterfeit goods from other countries. IP rights holders may request that
the department take action to prevent or suspend the release of such goods into
circulation. The only problem is that the new rules are not in compliance with new EU regulations that took effect on July 1.

Read more

21 Feb 2003

Alleged counterfeits seized at request of famous fashion company

The Metropolitan Court of Budapest has issued a provisional injunction
ordering the seizure of alleged counterfeit goods bearing the trademarks of
a famous fashion company. The injunction ensures that the alleged infringing
goods are not released on to the market, even though a related criminal investigation
has been dropped owing to lack of evidence.

Read more

Enforcement and Litigation

View all
3 May 2007

Court rules there's something fishy in trademark application

The Metropolitan Court has denied an appeal by Mattel Inc against a
refusal to grant an application for the mark FISHER-PRICE. The court agreed
with an earlier ruling from the Hungarian Patent Office and held that the mark
was confusingly similar to two marks already registered by a German company
for nearly identical goods.

Read more

3 Feb 2006

Parliament adopts new act to speed up infringement proceedings

The Hungarian Parliament has adopted a new act to implement the EU IP
Rights Enforcement Directive into national law. The act introduces several measures
to speed up and streamline court proceedings over alleged IP right infringements
in order to offer improved protection to rights holders.

Read more

29 Mar 2005

Hungary adopts tougher rules to combat pirated imports

The government has finally adopted Governmental Decree 371/2004, which
implements Council Regulation 1383/2003. The new decree resolves the discrepancy
between procedural rules introduced last year in order to help combat the
import of counterfeit products from non-EU countries and the updated EU IP regime.

Read more

4 Mar 2004

Unauthorized parallel imports illegal in Hungary for the time being

The Supreme Court has upheld a first instance decision and has ruled
that the unauthorized parallel importation of genuine Levi's 501 branded jeans
into Hungary by the Hungarian affiliate of a multinational hypermarket chain
infringed Levi's trademark rights. In so doing, the Supreme Court confirmed
the principle of the exhaustion of trademark rights introduced by the Hungarian
Trademark Act 1997.

Read more

Online

View all
16 Sep 2011

Amended domain name regulations enter into force

The amended domain name regulations, which are intended to shorten and simplify the registration process, have entered into force in Hungary. Trademark owners now have eight days - instead of 14 - to object if a third party tries to register a domain name that violates their rights.

Read more

4 Apr 2005

'.hu' registration rules change - without a sunrise period

The rules applying to the registration of '.hu' ccTLDs changed on March
1. Under the new rules, applicants from the European Union no longer need to
submit evidence of a "right in the name" in the form of a Hungarian
trademark certificate matching the denomination requested, as was previously
the case. The change took place without a sunrise period for mark owners.

Read more

16 Dec 2004

Council disregards T-Mobile complaint over domain name confusion

T-Mobile Hungary has protested against the registration of four domain
names with the prefix 't-', claiming that they confusingly resemble its trademark
T-MOBILE. The complaint follows a decision by the Advisory Body of the Council
of Internet Service Providers earlier this year to allow the registration of the domain
names 't-klub.hu' and 't-pont.hu'.

Read more

Portfolio Management

View all
14 Dec 2015

Hungary

Hungarian design law accepts the overlap of different protection regimes for the same product. Thus, as well as industrial design protection, parties acquiring or enforcing design rights may make use of trademark and copyright protection and unfair competition law.

Read more

2 Sep 2013

Amendments introduce important changes to trademark legislation

As part of the revision of the Hungarian IP laws, the amendments to Act XI of 1997 on the Protection of Trademarks and Geographical Indications have come into force. The amendments implement international agreements and EU rules in the country, and introduce significant changes to the trademark legislation.

Read more

12 May 2010

Action for cancellation rejected due to failure to prove bad faith

The Metropolitan Court of Appeal has upheld a decision of the Metropolitan Court dismissing an action for the cancellation of the mark VET-MED-LABOR. Among other things, the Court of Appeal held that, although Vet-Med-Labor Kft could have been aware that IDEXX Laboratories Inc was using the mark, it could not be proven that Vet-Med-Labor had fraudulent intentions when it applied for the registration of the mark.

Read more

1 Apr 2009

Medical preparations are not similar to cosmetics, says Board of Appeal

The Metropolitan Board of Appeal has reversed a decision of the Metropolitan Court in which the latter had refused to register the mark CORPRIL for pharmaceutical and medical preparations on the grounds that it was confusingly similar to the earlier trademarks CORPAL for cosmetics and room sprays. Among other things, the board held that the goods covered by the marks were not similar.

Read more

Trademark law

View all
9 Feb 2009

ILKA FITT for water confusingly similar to MILKA for chocolate

The Metropolitan Court has rejected an application for the registration of the trademark ILKA FITT for mineral and aerated waters on the grounds that there was a likelihood of confusion with the well-known trademark MILKA for chocolate. Among other things, the court held that consumers might be confused into thinking that the owner of the MILKA mark had extended its range of goods.

Read more

7 Mar 2008

Giorgio Armani's GA mark is confusingly similar to Gucci's GG logo

In <i>GA Modefine SA v Guccio Gucci SpA</i>, the Metropolitan Board
of Appeal has refused to extend protection to Hungary of the international registration
for GA Modefine SA's device mark GA on the grounds that it is confusingly similar
to Guccio Gucci SpA's earlier device mark GG.

Read more

3 Dec 2007

ZERIT Case illustrates trend in deadline extensions

The Metropolitan Board of Appeal has upheld a Hungarian Patent Office
decision finding that Bristol-Myers Squibb Company's application to register
the mark ZERIT was deemed to have been withdrawn under Section 61(5) of the
Trademark Law as Bristol-Myers had failed to provide information within the
prescribed time limit. This case illustrates that the courts are now less willing
to grant extensions of deadlines.

Read more

18 Jun 2007

EUROSUISSE will not confuse as to origin, says Metropolitan Court

The Metropolitan Court has overturned a decision of the Hungarian Patent
Office and has allowed registration of the mark EUROSUISSE by a company with
its main seat in Hong Kong. Among other things, the court accepted the argument
that EUROSUISSE is an unusual juxtaposition of words, which, thanks to the inclusion
of the word 'EURO', would not lead to the supposition that the goods originate
from Switzerland.

Read more

Find an expert

Carla Castello
Founding Partner
Rio de Janeiro, Brazil
Magellan IP