Hungary

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 protection of Trademarks and Geographical Indications of 1 July 1997
• Law on protection of Industrial Design of 1 January 2002

Trademarks

• Filing the Application – Requirements: (top)
  • Name and address of the Applicant
  • Representation of the Mark
  • List of goods and services according to Nice Classification 8th edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within 3 months as from the Application date
  • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days
• Registration Procedure: (top)
  • The Application is filed and examined with the Patent and Trademark Office (Office
  • The registration procedure takes 2 years as from the application date
• Opposition: (top)
  • The opposition can be filed against the published Trademark Application within three months as from the date of publication
• Duration: (top)
  • Upon payment of ten years protection fees, the Trademark is valid for 10 years as 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 year of the previous ten year protection period
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignee
  • Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) The extract from the Register of the companies showing the change of address or
  • b) The statement of the Secretary of State showing the change of address

Patents

• Filing a Conventional Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the Inventor(s)
  • Priority date, country and number
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently
  • Priority document – can be submitted subsequently, within four months as from the Application date
  • Translation of description, claims and abstract into local language, can be filed subsequently within four months as from the Application date
• Filing a National Phase of PCT Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the Inventor(s)
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Priority date, country and number
  • International Search report
  • International Preliminary examination report for the applications filed under the Chapter II of Patent Corporation Treaty
  • PCT Request
  • PCT Publication page
  • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently. The term can be extended for maximum 9 months
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently. The term can be extended for maximum 9 months
  • Translation of description, claims and abstract into local language, can be filed subsequently
• Time limits for filing a National phase of PCT Application (top)
  • The Application is to be filed with the Office within 30 months as from the Priority Application date
• Registration Procedure (top)
  • The Search Report issued by the Office is to be 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 as from the day of publication of the search report. The annuities are payable as from publication of the search report. The observation can be filed by any person during the patent grant procedure. The person filing the observation is not the party of the proceedings before the Office. However, the Office should submit its Decisions to the person filing the observation
• Duration (top)
  • 20 years as from the application date for conventional Patents
  • 20 years as from the International filing date for the National phase of PCT patents
  • 15 years as from the grant date for the plant varieties patents with the exception of the cases of grapes and trees the validity of which is 18 years as from the grant date
  • 20 years as from the application date for animal breed patents
  • The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or two months after the expiration of the protection period without any surcharge; or during the 3rd – 4th months as from the expiry date with 25% surcharge; or during the 5th – 6th months as from the expiry date with 50% fine. The first payment should be effected upon the publication of Patent Application
• Recording changes in the Register: 1. Assignment of rights Requirements: (top)
  • 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
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  2. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) The extract from the Register of the companies showing the change of address or
  • b) The statement of the Secretary of State showing the change of address

Industrial Design

• Filing the Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the author or notice 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
  • A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for)
  • Power of Attorney simply signed by the representative of the Applicant
  • Priority document
• Registration Procedure (top)
  • The Industrial Design Applications are examined by the Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant.
  • Protection fees are payable each five years
• Duration (top)
  • 25 years as from the Application Date
• Recording changes in the Register: (top) 1. 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
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) The extract from the Register of the companies showing the change of address or
  • b) The statement of the Secretary of State showing the change of address