Trademarks in Hungary

Competent Authority & System

Official Authority: Hungarian Intellectual Property Office (HIPO) / Szellemi Tulajdon Nemzeti Hivatala (SZTNH).

Official Language: Hungarian (All official application filings, specifications, and proceedings must be conducted in Hungarian).

System: National IP system. As an EU Member State, protection in Hungary can also be obtained via European Union Trademarks (EUTM) administered by EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. Hungary can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident applicants established outside the European Economic Area (EEA) must be represented by an authorized local representative (such as a registered Hungarian representative or advocate).

Power of Attorney (POA): Required. A simple signed Power of Attorney is accepted; notarization or Legalization/Apostille is not required. The signed POA can be submitted within 30 days from the filing date.

Online Services & Database

E-Filing: E-filing is fully operational through HIPO's digital service portal.

Free Trademark Search Database: Public searches are accessible free of charge via the official HIPO online database (E-register / E-kutatás), as well as TMview, EUIPO eSearch plus, and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, figurative signs, combined logos, 3D shapes/packaging, color marks, sound, motion, multimedia, pattern, and position marks capable of clear visual or digital representation in the register.

Foreign Characters & Translation: Applications with non-Latin scripts or foreign terms must include a transliteration into the Latin alphabet and a translation into Hungarian within 2 months of filing.

Classification Framework

Nice Classification: Uses the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Accepted, provided they conform to standard EU common practice (IP TRANSLATED principles) for clarity and precision.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by HIPO (distinctiveness, descriptiveness, genericness, public order, deceptive signs).

Relative Grounds Examination & Search: HIPO conducts formal ex officio searches for prior identical or confusingly similar trademarks and issues search reports. Relative rights holders are notified and can file formal oppositions.

Office Action Deadlines: Response to formal deficiency letters or provisional refusal notices is typically required within 1 to 2 months from official notification (extendable upon request).

Publication & Opposition

Opposition Window: 3 months starting from the publication date of the application in the official gazette (Szabadalmi Közlöny és Védjegyértesítő).

Standing: Owners of earlier registered national/EU trademarks, pending applications with earlier priority, well-known marks under Article 6bis of the Paris Convention, or trade names.

Timeline & Expedited Examination

Average Timeframe: Approximately 7 to 9 months from filing to registration in smooth cases without office actions or third-party oppositions.

Accelerated Examination: Fast-track / accelerated examination (gyorsított eljárás) is available upon request and payment of an official urgency surcharge fee.

Official Fees

Official statutory fees at HIPO are assessed in Hungarian Forint (HUF):

Official application base fees, per-class surcharges, and renewal fees vary based on e-filing discounts and class brackets.

Recordal Fee: Recordal of assignment or license agreements costs approximately HUF 16,500 per registration.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal requests can be filed within 6 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late surcharge.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes subject to revocation on non-use grounds if it is not put to genuine commercial use in Hungary for a continuous period of 5 years post-registration.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine 10-year renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the State Register at HIPO to be enforceable against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and absolute/relative invalidity claims are filed administratively with HIPO or brought before specialized regional courts in Budapest.

Customs Enforcement: Brand owners can file applications for customs border detention with the National Tax and Customs Administration of Hungary (NAV) under EU Customs Regulation (EU) No 608/2013 to intercept counterfeit or infringing goods at the border.

Country-Specific Risks & Practical Insights

Pre-Grant Opposition Window: HIPO publishes accepted applications prior to registration for a 3-month opposition phase.

Strict 30-Day POA Submission: Foreign applicants submitting applications must ensure their simple signed POA is delivered within 30 days of filing to prevent formal deficiencies.

2-Month Translation Window: The Hungarian translation of non-Hungarian goods and services lists or mark text must be provided within 2 months from the filing date.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Hungary is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.