WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIlIHUN/I/2 
13 March 1998 
(98-1035) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Hungary 
By means of a communication from its Permanent Mission, dated 20 November 1997, 
Hungary has notified the text of Law No. XI of 1997 on the Protection of Trademarks and 
Geographical Indications as reproduced below!. This law replaces the laws in the area of trademarks 
notified by Hungary earlier, as reflected in Annex I of document IP/N/lIHUN/lIRev.l, and is the law 
announced to be notified in Section IV of that Annex concerning the area geographical indications. 
The law also contains amendments to various other laws and regulations referred to in Annexes I 
and 11 of document IP/N/lIHUN/lIRev.1. 
! English only. JP IN II/HUN 1112 
Page 2 
Law No. XI of 1997 
on the Protection of Trademarks and Geographical Indications 
In order to promote the development of Hungarian market economy, to strengthen 
competition conditions based on the distinction of goods and services, to assist 
consumers in gathering information; and in conformity with the international 
obligations of the Republic of Hungary concerning the protection of intellectual 
property, the Parliament enacts the following Law on the Protection of Trademarks 
and Geographical Indications: 
PART I 
PROTECTION OF TRADEMARKS 
Chapter I 
Subject Matter of Trademark Protection 
Signs Capable of Distinction 
Article 1 
(1) Trademark protection shall be granted for any sign capable of being 
represented graphically provided that these are capable of distinguishing goods or 
services from those of other undertakings. 
(2) Signs which may be granted trademark protection: 
a) words, combrn.ation of words, including personal names and slogans, 
b) letters, numerals, 
c) figures, pictures, 
d) two-or three-dimensional forms, including the shape of goods or of their 
packaging, 
e) colours, combination of colours, light signals, holograms, 
f) sound signals, and 
g) combination of signs under a)-f). 
Absolute Grounds for Refusal 
Article 2 
(1) A si;':l shall not be gra·,:cd trademark pro!;;ction ifit is not ~ :tpable of being 
represented graphically or does not constitute a trademark under Article 1(2). IP/NI1 IHUN/I/2 
Page 3 
(2) A sign shall be excluded from trademark protection if it is devoid of any 
distinctive character, in particular if 
a) it consists exclusively of signs or indications which may serve, in trade, to 
designate the kind, quality, quantity, intended purpose, value, geographical origin, or 
the time of production of the goods or of rendering of the service, or other 
characteristics of the goods or services, or which have become customary in the 
current language or in the practices of trade; 
b) it consists of the shape which results from the nature of the goods 
themselves, or which is necessary to obtain a technical result, or which gives 
substantial value to the goods. 
(3) A sign shall not be excluded from trademark protection in accordance with 
paragraph (2) if, either before or after the date of priority, it has acquired a distinctive 
character. 
Article 3 
(1) A sign shall not be granted trademark protection if 
a) its use would be contrary to public policy, mora-lity or law; 
b) it is suitable to deceive consumers as to the nature, quality, geographical 
origin or other characteristics of the goods or services; 
c) its registration was applied for in bad faith. 
(2) A sign shall be excluded from trademark protection if 
a) it consists exclusively of State emblems or other emblems of an authority or 
international organization as defined in the Paris Convention for the Protection of 
Industrial Property; 
b) it relates to medals, badges, armorial bearings, not covered by subparagraph 
(a) above, or to official signs and hallmarks indicating control and warranty which are 
of public interest; 
c) it consists of symbols having close relation to religious or any other beliefs. 
(3) Trademark protection shall be granted with the consent of the competent 
authority to signs of which the emblems defined under paragraph 2 (a) and (b) form 
only an element. IP/~/1/lIlJ~/I/2 
Page 4 
Relative Grounds for Refilsal 
Article 4 
(1) A sign shall not be granted trademark protection 
(a) with respect to identical goods or services if the sign with the later date of 
priority is identical with an earlier trademark; 
(b) if because of its identity with, or similarity to, the earlier trademark and the 
identity or similarity of the goods or services there exists a likelihood of confusion on 
the part of the consumers; 
(c) with respect to not similar goods or services if the sign with the later date of 
priority is identical with, or similar to, an earlier trademark having a reputation in the 
country where the use of the later sign would take unfair advantage of, OJ be 
detrimental to, the distinctive character or the repute of the earlier trademark. 
(2) "Earlier trademark" means a trademark whose registration was applied for 
with an earlier date of priority or a sign which has earlier become well known in the 
country under the Paris Convention for the Protection of Industrial Property even if 
that sign is not registered. 
(3) A sign shall not be refused trademark protection if it conflicts with an 
earlier trademark which has not been used by the proprietor in accordancEi with the 
provisions of Article 18. 
Article 5 
(1) A sign shall not be granted trademark protection 
(a) if it would violate earlier personal rights of others, in particular a right to a 
name or personal portrayal; 
(b) if it would conflict with an earlier copyright or industrial property right of 
others, including conflict with the name of a protected plant variety or animal breed or 
with a geographical indication. 
(2) With respect to identical or similar goods or services a sign shaH not be 
granted trademark protection 
(a) if it has been used effectively in the country without registration where the 
use of the sign without the consent of the prior user would be contrary to law; 
(b) if it is identical with, or similar to, a trademark whose protection has 
exp'ired within a period of two years, 'unless the earlier trademark was not used. IP IN 11 IHUN 1112 
Page 5 
(3) In determining whether a right, use or expiration is ranked as earlier within 
the meaning of paragraphs (1) and (2), the priority of the application for registration 
shall be taken into account. 
Article 6 
A sign shall be excluded from trademark protection if the representative or 
agent applies for registration in his own name, without the authorization of the 
proprietor. 
Declaration of Consent 
Article 7 
(1) A sign shall not be refused trademark protection in accordance with Articles 
4 and 5 if the holder of the earlier right consents to the registration of the later sign. 
(2) A declaration of consent shall be valid if drawn up as a public instrument or 
private paper providing sufficient evidence. 
(3) A declaration of consent may be attacked lmder those provisions of the 
Civil Code that concern the action for avoidance of a contract by reason of mistake, 
deception or threat; the statement may not be withdrawn and may not be replaced by 
the judgement of a Court. 
Registrability 
Article 8 
(1) Trademark protection shall be granted for a sign if 
(a) it satisfies the requirements of Article 1 and is not excluded from trademark 
protection under the terms of Articles 2 to 7 and 
(b) the relevant application complies with the requirements laid down by this 
Law. IP IN 11 IHUN 11/2 
Page 6 
Chapter II 
Rights and Obligations Deriving from Trademark Protection 
Right to Trademark Protection 
Article 9 
(1) The right to the legal protection of a trademark (hereinafter referred to as 
"trademark protection") shall belong to the person who has registered the trademark 
according to the procedure prescribed by this Law. 
(2) Any natural or legal person or a company without legal personality, 
irrespective of pursuing economic activities, may apply for trademark protection. 
(3) If two or more persons apply for registration jointly, trademark pr-9tection 
shall belong to them jointly. Where two or more persons are entitled to the right, it 
shall be deemed to belong to them equally unless otherwise provided. 
Establishment o/Trademark Protection 
Article 10 
Trademark protection shall begin with the registration and shall be effective 
retroactively from the date of the application. 
Term 0/ Protection 
Article 11 
(1) Trademark protection shall have a term of ten years beginning on the filing 
date of the application. 
(2) Trademark protection shall be renewable for further periods of ten years. In 
case of renewal, the new period of protection shall begin on the day following the date 
of expiration of the previous period. 
Rights Conferred by Trademark Protection 
Article 12 
(1) Trademark protection shall afford the proprietor of the trademark the 
exclusive right to use the trademark. 
(2) On the basis of the exclusive right of use, the proprietor shall be entitled to 
prevent any person not hav-ing his consent, from using in the course of trade IP IN 11 IHUN 1112 
Page 7 
Ca) any sign identical with the trademark in relation to goods or services which 
are identical with those for which the trademark is registered; 
Cb) any sign where, because of its identity with, or similarity to, the trademark 
and the identity or similarity of the goods or services, there exists a likelihood of 
confusion on the part of the public; or 
( c) any sign which is identical with, or similar to, the trademark in relation to 
goods and services which are not identical with, or not similar to those for which the 
trademark is registered, provided that the trademark has a reputation in the country 
and the use of the sign would take unfair advantage of, or would be detrimental to, the 
distinctive character or the repute of the trademark. 
(3) The following, in particular, shall be prohibited under paragraph (2): 
(a) affIxing the sign to the goods or to the packaging thereof; 
(b) putting on the market or offering for sale the goods under that sign, or 
stocking them for such purposes; 
( c) offering or supplying services under that sign; , 
(d) importing or exporting the goods under the sign; 
(e) using the sign in business correspondence and in advertising. 
Reproduction of Trademarks in Reference Works 
Article 13 
If the reproduction of a trademark in a dictionary, lexicon, encyclopaedia or 
similar reference work gives the impression that it constitutes the generic name of the 
goods or services for which the trademark is registered, the publisher of the work 
shall, at the request of the proprietor of the trademark, indicate -in the next edition of 
the publication at the latest -that the trademark has been registered and is under 
trademark protection. 
Unlawful- Use of a Trademark by an Agent or Representative 
Article 14 
Where a trademark is registered in the name of the agent or representative 
withO)ut the proprietor'~ authorization, tJ'c proprietor shall be entitled to oppose the 
unauthorized use of hiS trademark.by hi", agent or represeu(ative, unless the agent or 
representative justifies his action. IP/N/I/HUN/I/2 
Page 8 
Limitations of Trademark Protection 
Article 15 
(1) Trademark protection shall not entitle the proprietor to prohibit a third party 
from using, in the course of trade and in accordance with the requirements of fair 
business practices, 
(a) his own name or address; 
(b) indications concerning the kind, quality, quantity, intended purpose, value, 
geographical origin, the time of production of the goods or of rendering of the service, 
or other characteristics of the goods or services; 
(c) the trademark where it is necessary to indicate the intended purpose of the 
goods or services, in particular in the case of accessories or spare parts. 
(2) On the basis of paragraph (l)(a) only a natural person may invoke his own 
name or address against the proprietor of the trademark. 
Exhaustion of the Rights Conferred by Trademark Protection 
Article 16 
(1) Trademark protection shall not entitle the proprietor to prohibit the use of 
the trademark in relation to goods which have been put on the domestic market by him 
or with his express consent. 
(2) Paragraph (l) shall not apply where the proprietor has legitimate reasons to 
oppose further commercialization of the goods, in particular where the condition of 
the goods has been changed or impaired. 
A cqlliescence 
Article 17 
(1) Where the proprietor has acquiesced, for a period 'of five successive years, 
in the use of a later trademark in the country while being aware of such use, he shall 
no longer be entitled either to oppose the use of the later trademark in the country or 
to request, on the basis of his earlier trademark, the cancellation thereof (Article 
33(2)(b)). 
(2) Pa:ragrap~ (1) shall only ap,;ly to goods or sel",ices in relation 1-.> which the 
later trademark was actually used. IP/NI1 IHUN/I/2 
Page 9 
(3) Paragraph (1) shall not apply where the later trademark was applied for in 
bad faith. 
(4) The proprietor of a later trademark shall not be entitled to oppose the use of 
the earlier trademark, even though the proprietor of the earlier trademark may no 
longer oppose, on the basis of paragraph (1), the use of the later trademark. 
(5) The provisions of paragraphs (1) to (4) shall apply mutatis mutandis to 
earlier trademarks having a reputation, to trademarks that have earlier become well­
known in the country, as well as to earlier rights referred to in Article 5(1) and (2)(a). 
Use of Trademarks 
Article 18 
(1) If, within a period of five years following the date of registration, the 
proprietor has not commenced the genuine use of the trademark in the country 'in 
connection with the goods or services for which it is registered, or if such use has 
been suspended during an uninterrupted period of five years, trademark protection 
shall be subject to the legal consequences provided for in this Law (Articles 4(3), 
30(d), 33(2)(a) and 34), unless the proprietor duly justifies non-use. 
(2) Within the meaning of paragraph (1), the following shall also constitute 
genuine use of the trademark in the country: 
(a) use of the trademark in a form differing from the registered forin only in 
elements which do not alter the distinctive character; 
(b) affixing of the trademark to goods or to the packaging thereof in the' 
territory of the country solely for export purposes. 
(3) Within the meaning of paragraph (1), use of the trademark with the 
authorization of the proprietor shall be deemed to constitute use by the proprietor. 
Chapter III 
Trademarks and Trademark Protection as Objects of Property 
Succession ill Title 
Article 19 
( J) Rights derivin,( from a trademar~ and from tradennrk protection ma" be 
transferred and assigned. IP IN I I/HUN!Il2 
Page 10 
(2) The successor in title to a legal person or to a company without legal 
personality shall also acquire the trademark, unless otherwise provided by the parties 
or the circumstances clearly dictate otherwise. 
(3) Trademark protection may be assigned by contract. Trademark protection 
may also be assigned in respect of some of the goods or services for which the 
trademark is registered. 
(4) The contract for the assignment of trademark protection shall be null and 
void where the assignment is likely to mislead the public. 
(5) Where a trademark is applied for or is registered in the name of the ilgent or 
representative without the proprietor's authorization, the latter shall be entitled to 
demand the assignment in his favour of the right to trademark protection or of the 
registration. 
Encumbrance 
Article 20 
Rights deriving from a trademark and from trademark protection may be 
encumbered. A mortgage may be established by c..ontract made in writing and 
registered in the Trademark Register. 
Joint Right to Trademark Protection and Joint Trademark Protectioll 
Article 21 
(1) Where there are two or more proprietors of the same trademark, each of the 
joint proprietors may ?ispose of his own share. Where one joint proprietor wishes to 
dispose of his share, the other joint proprietors shall enjoy a right of preemption with 
respect to third parties. 
(2) The trademark may be used by anyone of the joint proprietors alone; 
however, he shall be obliged to pay appropriate remuneration to the other joint 
proprietors, in proportion to their shares. Within the meaning of Article 18, such use 
of the trademark shall be deemed to constitute use by all <?f the proprietors. 
(3) A license for the use of a trademark may only be granted to a third party 
jointly by the joint proprietors. Collective consent may be replaced by a court decision 
under the general provisions of civil law. 
(4) In the event of doubt, the shares of all joint proprietors shall be deemed 
equal. If one of the joint proprietors surrenders his trademark protection, the rights of 
.the other joint proprietors shall extend to his share, in proportion to their own shares. IP/NIlIHUNIII2 
Page 11 
(5) Anyone of the joint proprietors may also act individually to renew, enforce 
and protect trademark rights. His legal acts -compromise, recognition and waiver of 
rights excepted -shall be binding on any other joint proprietor who has failed to 
observe a time limit or to perform a required act, provided that such other joint 
proprietor has not subsequently remedied his omission. 
(6) Where the acts of the joint proprietors are divergent, a decision shall be 
taken having regard to all other relevant facts in the procedure. 
(7) Costs relating to the joint trademark protection are to be borne by the joint 
proprietors in proportion to their shares. If, despite being notified, a joint proprietor 
does not pay the costs for which he is liable, the joint proprietor who has paid those 
costs may claim assignment to him of the share belonging to the joint proprietor 
having not met his obligations. 
(8) The provisions concerning joint trademark protection shall apply mutatis 
mutandis to joint trademark applications. 
Application 0/ the Rules 0/ the Civil Code 
Article 22 
Matters relating to the transfer, assignment and encumbrance of rights deriving 
from a trademark and from trademark protection, as well as to the joint right to 
trademark protection and joint trademark protection that are not covered 9Y this Law 
shall be governed by the provisions of the Civil Code. 
Chapter IV 
Trademark license contracts 
Conclusion o/Trademark License Contracts 
Article 23 
(1) Under a trademark license contract the proprietor of trademark protection 
licenses the right to use a trademark and the user (licensee) is required to pay 
royalties. 
(2) The parties shall be free to determine the contents of the license contract. 
However, any license contract whose fulfilment is likely to mislead the public shall be 
null and void. IP IN 11 IHUN 11/2 
Page 12 
Rights and Obligations of the Parties 
Article 24 
(1) The proprietor shall guarantee for the whole duration of th~ license 
contract, that no third parties hold rights in the trademark preventing or limiting 
exercise the right of use. This guarantee shall be subject to the rules applicable to a 
vendor who transfers proprietary rights, except that the licensee may, instead of 
cancellation, terminate the contract with immediate effect. 
(2) The proprietor shall inform the licensee of any third party rights in relation 
to the trademark and of any other important circumstances. However, he shall be 
obliged to transfer economic, technical and organizational know-how only if this has 
been expressly agreed. 
(3) The proprietor may control at the licensee the quality of the goods bearing 
the trademark or of the services supplied under the trademark. 
(4) The license contract shall cover all goods and services for which the 
trademark is registered and every mode of use, to any extent whatsoever, without 
limitation in time or as to territory. 
(5) A right of use shall be exclusive only if expressly stipulated by contract. In 
the case of an exclusive license, the proprietor may also use the trademark in addition 
to the licensee who has acquired the right of use, unless expressly 'excluded by 
contract. The proprietor may terminate the exclusivity of a license, subject to a 
proportional reduction in the royalty, if the licensee does not begin use of the 
trademark within a reasonable period of time. 
(6) The licensee may transfer the license or grant sub-licences to third parties 
only with the express consent of the proprietor. 
Termination of the License Contract 
Article 25 
The license contract -shall terminate, with effect for the future, when the 
contractual period expires or when certain specified circumstances occur or when the 
trademark protection expires. 
Effect of Provisions Relating to License Contracts 
Article 26 
(1) The parties may derogate by mutual consent from the provisions relating to 
license contracts where not prohibited by law. IP IN 11 IHUN/I/2 
Page 13 
(2) Matters relating to license contracts that are not covered by this Law shall 
be governed by the provisions of the Civil Code. 
Chapter V 
Infringement 
Trademark Infringement 
Article 27 
(1) Any person who unlawfully uses a trademark in contravention of the 
provisions of Article 12, commits trademark infringement. 
(2) The proprietor may, according to the circumstances of the case, have 
recourse to the following civil remedies: 
( a) request that the fact of infringement be declared by the court; 
(b) request an injunction that the infringer cease his infringement; 
( c) demand that the infringer give information on the identity of third persons 
involved in the production and distribution of the infringing goods and in the supply 
of infringing services and of their channels of distribution; 
(d) demand satisfaction from the infringer by way of a declaration or by other 
appropriate means; if necessary, the declaration shall be made public by the infringer 
or at his expense; 
( e) require reimbursement of the enrichment obtained by infringement of the 
trademark; 
(f) request the seizure of the means used exclusively or predominantly for 
infringement and of the infringing products and the packaging thereof. 
(3) The court may rule, at the request of the proprietor, that the infringing 
nature of the means, materials, products and packaging seized be removed -in 
particular by removing the trademark -or, where this is not possible, that they be 
destroyed. Under reasonable circumstances the court may order, in place of 
destruction, that the means and materials seized be auctioned according to court 
procedure on execution; in such case, the court shall decide how the sum obtained is 
to be used. 
(4) Seizure of the means and materials used for trademark infringement and of 
the infringing products alld packaging shall be admissible even though they are not in IP IN I 1/HUN 1112 
Page 14 
the ownership of the infringer if the proprietor knew or had reasonable grounds to 
know of the trademark infringement. 
(5) Where a trademark is infringed, the proprietor may also claim damages 
under the rules of civil liability. 
Customs Law Consequences of Trademark Infringement 
Article 28 
Where a trademark is infringed, the proprietor may claim -under the provisions 
of special legislation -measures by the customs authorities to prevent infringing goods 
from getting on the market in the country. 
Rights of the Applicant and the Licensee 
in the Event of Trademark Inji-ingement 
Article 29 
(1) An applicant may also institute proceedings for trademark infringement; 
however, the proceeding shall be suspended until the decision to register the 
trademark has become final. 
(2) The licensee recorded in the Trademark Register may institute proceedings 
for trademark infringement in his own name if he invited the proprietor to take 
appropriate action in order to stop the infringement and the proprietor failed to take 
action within 30 days from the invitation. 
Chapter VI 
Lapse of Trademark Protection 
Modes a/Lapse 
Article 30 
Trademark protection shall lapse: 
(a) when the period of protection expires without renewal (Articles 11 and 31), 
on the day following the date of expiration; 
(b) if the proprietor surrenders protection (Article 32), on the day following 
. eceipt of the SUl: ender or at an e~rlier date specifir J by the person ;urrendering 
protection; 
( c) if the trademark is. cancelled (Article 33), with retroactive effect to the filing 
date oftl,(: application; IP IN 11 IHUN /Il2 
Page 15 
(d) if the proprietor has not put the trademark to genuine use (Articles 18 and 
34), with retroactive effect to the date of starting the procedure for a decision on the 
lapse of protection or to the date of priority of the· conflicting later trademark, 
whichever is earlier; 
(e) if the trademark loses its distinctive character or becomes deceptive (Article 
35), with retroactive effect to the date of starting the procedure for a decision ·on the 
lapse of protection. 
Partial Lapse by Reason of Expiration of Protection 
Article 31 
Where trademark protection is renewed in respect of only some of the goods or 
services for which the trademark has been registered, trademark protection shall lapse 
by reason of expiration of protection only in respect of the parts not covered by the 
renewal. 
Surrender of Protection 
Article 32 
(1) The proprietor named in the Trademark Register may surrender trademark 
protection by a written declaration addressed to the Hungarian Patent Office. 
(2) If the surrender affects the rights of third parties deriving from, legislation, 
from decisions of an authority, from a license contract or any other contract recorded 
in the Trademark Register, or if a lawsuit is recorded in the Trademark Register, it 
shall take effect only with the consent of the parties concerned. 
(3) Surrender shall also be possible in respect of only some of the goods or 
services for which the trademark is registered. 
(4) Surrender of trademark protection may not be withdrawn. 
Cancellation 
Article 33 
(1) The trademark shall be cancelled 
(a) if the subject matter of the trademark protection does not satisfy the 
requirements laid down in Article 8(1)(a); 
(b) if the subject matter of the trademark protection differs from, or the list of 
goods and services extends beyond, the content of the application as filed at the 
accorded filing date or -in the case of division -the content of the divisional 
application. IP IN I 1/HUN 1112 
Page 16 
(2) The trademark may not be cancelled 
(a) if it conflicts with an earlier trademark (Article 4(2)) the use of which does 
not satisfy, at the time of the cancellation procedure, the requirements laid down in 
Article 18; or 
(b) if it conflicts with an earlier trademark, non-registered sign or any other 
rights whose proprietor was aware of the registration of the later trademark and has 
acquiesced, for a period of five successive years, in the use of that trademark, unless 
the proprietor of the later trademark acted in bad faith. 
(3) Where the grounds for cancellation exist in respect of only some of the 
goods or services for which the trademark is registered, cancellation shall be 
pronounced in the form of a corresponding limitation of the protection. 
(4) Should the request for cancellation be rejected by a final decision, a new 
procedure for the cancellation of the same trademark on the same grounds may not be 
instituted by any person. 
Lapse by Reason a/Nail-Use 
Article 34 
(1) Trademark protection shall lapse by reason of non-use in respect of some or 
all of the goods or services for which the trademark is registered, depending on 
whether non-use covers all or some of the goods or services for which the trademark 
is registered. 
(2) Lapse of trademark protection by reason of non-use shall not be declared if, 
during the interval betw,een expiry of the period laid down in Article 18(1) and filing 
of the request for declaring lapse by reason of non-use, genuine use of the trademark 
has been started or resumed. This provision shall not apply where the commencement 
or resumption of use within a period of three months preceding the filing of the 
request occurs only after the proprietor becomes aware that decision on lapse by 
reason of non-use will be requested. 
(3) Should the request for decision on lapse by reason of non-use be rejected by 
a final decision, a new procedure for the decision on lapse of the same trademark on 
the same grounds may not be instituted by any person. 
Lapse by reason 0/ [oosing the distinctive character or 
becoming deceptive 
Article 35 
(1) Trademark protection, shall lapse IP 1Nl lIHUN /Il2 
Page 17 
(a) if, in consequence of acts of the proprietor, the trademark has become the 
common name in the trade for a product or service for which it is registered; or 
(b) if, in consequence of the use, the trademark has become deceptive, 
particularly as to the nature, quality or geographical origin of the goods or services. 
(2) Trademark protection shall lapse by reason of losing the distinctive 
character or becoming deceptive in respect of some or all of the goods or services for 
which the trademark is registered, depending on whether the grounds for lapse exist in 
respect of all or some of the goods or services for which the trademark is registered. 
(3) Should the request for a decision on lapse by reason of losing the di~tinctive 
character or becoming deceptive be rejected by a final decision, a new procedure for 
the decision on lapse of the same trademark on the same grounds may not be instituted 
by any person. 
Reclaiming of Royalties 
Article 36 
If trademark protection lapses ex tUlle, only ~he portion of the royalties 
collected by the proprietor that was not covered by the profits derived from the use of 
the trademark may be reclaimed. 
Part II 
PROCEDURES BEFORE THE HUNGARIAN PATENT OFFICE 
IN TRADEMARK MATTERS 
Chapter VII 
General Provisiolls Governing Trademark Procedures 
Authority of the Hungarian Patent Office 
Article 37 
The Hungarian Patent Office shall have authority in the following trademark 
matters: 
(a) registration of trademarks, 
(b) renewal of trademark protection, 
(c) decision on lap.se of trademark protection, IP/NI1 IHUNIII2 
Page 18 
(d) cancellation of trademarks, 
(e) division of trademark protection, 
(f) recording of trademark applications anc;i trademarks, 
(g) official information. 
Application of the General Rules of Administrative Procedure 
Article 38 
The Hungarian Patent Office shall proceed in trademark matters under its own 
authority, with the exceptions laid down in this Law, by applying the provisions of 
Law No. IV of 1957 on the general rules of administrative procedure. 
Decisions of the Hungarian Patent Office 
Article 39 
(1) In cancellation procedures, in procedures for a decision on the loss of 
distinctive character and on becoming deceptive, as well as on lapse for non-use, the 
Hungarian Patent Office shall proceed in the form of a board consisting of three 
members; the board shall take its decisions on a majority. 
(2) Decisions on the registration of trademarks, on the renewal, division and 
lapse of trademark protection and on the cancellation of trademarks shall be 
considered decisions on merits. 
(3) Decisions of the Hungarian Patent Office shall take effect on service unless 
a review is requested. 
(4) The Hungarian Patent Office may withdraw or modify its decisions on 
merits in trademark matters only if a request for review is made and only until such 
request is transmitted to the court. Its decisions may not be invalidated or changed by 
a supervisory authority; they shall be without appeal. 
(5) The decisions of the Hungarian Patent Office in trademark matters may be 
repealed or changed by the court in conformity with the provisions of Chapter XL 
Establishment of Facts 
Article 40 
(1) In trademark procedures before it, the Hungarian Patent Office shall 
examine the facts of its own motion, it shall not be restricted in such examination to 
the statements and requests of the parties. However, its decisions may only be based 
on facts or evidence on which the parties concerned have had an opportunity to 
present their comments .. IP IN I l/HUN/II2 
Page 19 
(2) The parties shall be invited or notified to remedy insufficiencies of 
documents submitted in trademark matters. 
Time limits 
Article 41 
(1) The time limits prescribed by this Law shall not be extended. Failure to 
comply with such time limits shall involve legal consequences without notice. 
(2) Where this Law does not prescribe any time limit to remedy insufficiencies 
or to submit a statement, a time limit of at least 30 days shall be fIxed which may be 
extended on request before the expiration of the period. A time limit of more than 
three months and more than three extensions of a time limit may be granted only in 
special cases. 
(3) The time limits generally prescribed to terminate administrative procedures 
shall not apply to trademark matters. 
Restitutio in integrum 
Article 42 
(1) In trademark matters -unless excluded under paragraph (5) -a request for 
restitutio in integrum may be submitted within 15 days of the unobserved time limit or 
of the last day of the unobserved period. The request must state the grounds of failure 
to comply and the circumstances showing that the failure to comply occurred without 
fault. 
(2) Where the failure to comply became known to the party subsequently or the 
cause thereof was removed subsequently, the time limit shall be reckoned from the 
date on which the failure to comply became known or the cause thereof was removed. 
The request for restitutio in integnml shall only be admissible within six months of 
the time limit not complied with or the last day of the period not complied with. 
(3) Where a time limit is not complied with, the omitted act must be carried out 
simultaneously with the flling of the request for restitutio in in tegnm 1 or -if it is 
admissible -an extension of the time limit may be requested. 
(4) If the Hungarian Patent Office grants restitutio in integrum, the acts carried 
out by the party in default shall be considered to have been performed within the time 
limit not complied with; a hearing held on the day not complied with shall be repeated 
where necessary. Depending on the outcornr of the new hearing, it shall be dec:ded 
whether the decision takejj at the original hUlring should stand or should be revoked 
in whole or in part. IP IN I I/HUN 11/2 
Page 20 
(5) Restitutio ill integrum shall be excluded: 
(a) in the event of failure to comply with the time limit prescribed for filing the 
declaration of priority (Article 53(2)); 
(b) in the event of failure to comply with the time limit of six months fixed for 
claiming convention or exhibition priority. 
Interruption and Suspension of the Procedure 
Article 43 
(1) In the event of the death of a party or the dissolution of a legal person or of 
a company without legal personality, the procedure shall be interrupted until the 
person of the successor in title is registered and his claim justified. 
(2) Where legal proceedings are instituted with respect to the entitlement to file 
a trademark application or the right to trademark protection, the trademark procedure 
shall be suspended until the court decision becomes final. 
Representation 
Article 44 
(1) Foreign applicants shall be represented by an authorized patent attorney or 
an attorney-at-Iaw, having residence in the country, in all trademark matters within 
the competence of the Hungarian Patent Office. 
(2) A power of attorney shall be drawn up as a public instrument or as a private 
paper having the force of evidence. A power of attorney given to a patent attorney or 
an attorney-at-Iaw shall be valid only if signed by the principal. 
(3) The Hungarian Patent Office shall appoint a trustee from among the patent 
attorneys and attorneys-at-law: 
(a) for unknown heirs or for a party whose whereabouts are unknown, at the 
request of the adverse party, _or 
(b) for a foreign party not having an authorized representative. 
Use of Languages 
Article 45 
(1) he language of ~,ademark procedu e shall be Hung;':;'ian, the trademadz 
application shall be in Hungarian, IP/N/1/HUNIII2 
Page 21 
(2) In trademark matters, documents in foreign languages may also be filed; 
however, the Hungarian Patent Office may require that a translation into Hungarian, 
certified where necessary, be filed. 
Access to Files 
Article 46 
(1) Prior to the communication of certain data of the trademark application 
(Article 57), only the applicant and his representative, and after the communication of 
data any person may inspect the files, including the sign and the list of goods and 
services. 
(2) Draft decisions, and all other documents used for the preparation of 
decisions and expert opinions, which are not communicated to the parties shall be 
excluded from inspection even after the communication of data: 
(3) Upon payment of a fee, the Hungarian Patent Office shall issue copies of 
documents that may be inspected. 
(4) Procedures in trademark matters shall be public only if there is an adverse 
party participating. 
Chapter VIII 
Registration of Trademark Matters7 Infonnation to the Public 
Register a/Trademark Applications, Trademark Register 
Article 47 
(1) The Hungarian Patent Office shall keep a Register of Trademark 
Applications and a Trademark Register which shall contain all facts and 
circumstances concerning trademark rights. 
(2) The Trademark Register shall contain, in particular, the following entries: 
(a) registration number of the trademark; 
(b) reference number; 
(c) representation of the trademark; 
(d) list of goods and services; 
(e) name (official designation) and address (place of business) of the proprietor 
of the trademark; 
(f) name and pJ:=tce of business of the representative; 
(g) filing date If the application; 
(h) priority data; IP 1Nl I/HUN 1I/2 
Page 22 
(i) date of the decision on the registration of the trademark; 
(j) renewal of trademark protection; 
(k) legal title and date of the expiration of protection and limitation of 
trademark protection; 
(1) exploitation licenses. 
(3) Any right relative to trademark protection may be invoked against a third 
party who acquired his right in good faith and for a consideration if it is recorded in 
the Trademark Register. 
(4) Any person may have access to the Trademark Register and may ask for a 
copy of the registered data on payment of a fee. 
(5) Following communication of data of the applications, the provisions of 
paragraphs (3) and (4) shall apply mutatis mutandis to the Register of Trademark 
Applications. 
Entries ill the Trademark Register 
Article 48 
(1) Entries in the Register of Trademark Applications or in the Trademark 
Register shall be made exclusively on the basis of decisions of the Hungarian Patent 
Office or court decisions. Entries on the basis of the decisions listed in Article 77(1), 
may only be made if no review is requested within the stipulated time limit or if the 
decision of the court concerning the review has become final. . 
(2) The Hungarian Patent Office shall decide on rights and facts relating to 
trademark protection on the basis of a request submitted in writing. An official 
document or private document providing sufficient evidence shall be attached to such 
request. 
(3) A request shall be inadmissible if it is based on a document which is invalid 
due to formal defects or which lacks an official authentication required by law, or if it 
is clear from the contents of the document that the legal statement included therein is 
invalid. 
(4) Where the request or its enclosures contain rectifiable defects, the applicant 
shall be invited to remedy them or to submit comments. 
Information to the Public 
Article 49 
The official journal of the Hungarian Patent Office shall contain, in particular, 
the following data and facts relating to trademark applications and trademarks: IP/NIlIHUNIII2 
Page 23 
(a) on communication of certain data, the name and address (place of business) 
of the applicant and the representative, the reference number of the application, the 
filing date and the date of priority where the latter is different, the sign and the list of 
goods and services; 
(b) after registration of the trademark, the registration number, the name and 
address (place of business) of the proprietor, name and address (place of business) of 
the representative, the reference number, the filing date and the date of priority where 
the latter is different, the trademark, the list of goods and services and the date of the 
decision on registration; 
(c) in the case of renewal or division of trademark protection, the relevant data; 
(d) legal title and date of the expiration of trademark protection; 
( e) changes in rights relating to trademark protection entered in the Trademark 
Register. 
Chapter IX 
Trademark Registration Procedure 
Filing a/Trademark Application and Requirements 
Article 50 
(1) The procedure for the registration of a trademark shall begin with the filing 
of a trademark application with the Hungarian Patent Office. 
(2) A trademark application shall contain a request for trademark registration, 
the sign, the list of goods and services and, where necessary, other relevant 
documents. 
(3) Detailed formal requirements to be complied with by trademark 
applications shall be laid down by special legislation. 
(4) A trademark application shall be subject to the payment of a filing fee 
determined by special legislation; the fee shall be payable within two months after the 
date of filing. 
(5) Where the documents making up the trademark application have been 
prepared in a foreign language, the list of goods and services shall be filed in 
Hungarian within four months after the date of filing. 
(6) Until registration, the applicant may withdraw the trademark application in 
compliance with the provisions of Article 32. The Hungarian Patent Office shall take 
note of the witl ,irawal by a decis;:,lI1. IP/NI1 IHUNIII2 
Page 24 
Date a/Filing 
Article 51 
(1) The filing date of an application shall be the date on which the application 
filed with the Hungarian Patent Office contains at least: 
(a) an indication that trademark protection is sought, 
(b) information identifying the applicant, 
(c) a representation of the sign and a list of goods and services, even though 
they do not comply with other requirements. 
(2) In place of the filing of a representation of the sign and a list of goods and 
services, reference to a priority document shall suffice to accord a date of filing for 
the application. 
Ullity of the Sigil, List a/Goods and Services 
Article 52 
(1) A trademark application may seek trademark protection for one sign only. 
(2) The list of goods and services is the enumeration of goods and services with 
respect to which protection of the sign is sought. 
(3) In the list of goods and services the goods or services shall be grouped 
according to the classes of the Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes of the Registration of Marks 
and, where possible, by using the terms included therein. 
Pliority 
Article 53 
(1) The date establishing priority shall be: 
(a) generally, the date of filing of the trademark application (application 
priority); 
(b) in the cases 'defined by the Paris Convention for the Protection of Industrial 
Property, the date of filing of the foreign application (convention priority); 
(c) in the cases defined in the communication of the President of the Hungarian 
Patent Office published in the Hungarian Gazette, the starting day of displaying the 
sign at an exhibition, which is not earlier than 6 months prior to the date of filing of 
the applic~ ,ion (exhibition pi :ority); 
(d) the date of filing of ~ previously filed and pending trademark application 
for the same sign, which is not earlier than 6 months prior to the current filing. IP/~/1/lIlJ~/I/2 
Page 25 
provided that it has not served as a basis for claiming a right of priority (internal 
priority). 
(2) Convention, exhibition and internal priority shall be claimed within two 
months after the filing of the application. The document establishing convention 
priority and the certification of exhibition shall be filed within four months .after the 
date of filing of the application. 
Certification of Exhibition 
Article 54 
(1) The authority responsible for the exhibition shall attest to the display and 
date of the exhibition by the certificate of exhibition. 
(2) The certificate must be accompanied by the sign whose identity with the 
sign displayed at the exhibition shall be attested. 
(3) The certificate may only be issued during the period of the exhibition and 
only while the sign can be seen at the exhibition. 
Examination on Filing 
Article 55 
Following the filing of a trademark application, the Hungarian Patent Office 
shall examine whether 
(a) the application satisfies the requirements for according a date of filing 
(Article 51), 
(b) the filing fee has been paid (Article 50(4», 
(c) the list of goods has been filed in the Hungarian language (Article 50(5». 
Article 56 
(1) If a date of filing cannot be accorded, the applicant shall be invited to 
correct the defects within 30 days. 
(2) If the applicant complies with that invitation within the specified time limit, 
the date of receipt of the correction shall be accorded as the date of filing. Failing 
which, the trademark application shall be considered withdrawn. 
(3) The applicant shall be notified of the accorded date of filing. 
(4) If the liling fee has not been paid or the list of goods has noi been filed in 
the Hungarian language, the Hungarian Patent Office shall invite the applicant to IP IN I lIHUNIII2 
Page 26 
remedy the defects within the period specified by this Law (Article 50(4) and (5)). 
Failing which, the application shall be considered withdrawn. 
Communication of Certain Data 
Article 57 
If, either on filing or as a result of a correction, a trademark application 
complies with the requirements prescribed for according a date of filing, the 
Hungarian Patent Office shall publish the official information specified in Article 
49(a) in its officialjoumal (communication of certain data). 
Observations 
Article 58 
(1) During the procedure for the registration of a trademark any person, except 
for the cases under paragraph (2), may file an observation with the Hungarian Patent 
Office to the effect that the sign or the application does not comply with a requirement 
of registrability. 
(2) On the basis of Articles 4 to 6 only the proprietor of an earlier right may 
file an observation. 
(3) Observations shall be taken into consideration when the requirement 
objected to in the observation is examined, unless they derive from a person not 
entitled to file an observation. 
(4) The person making th.e observation shall not be a party to the procedure for 
the registration of a trademark. That person shall be notified of the outcome of his 
observation by sending him the decision of the registration of the trademark. 
Examinatioll as to Formal Requirements 
Article 59 
(1) If a trademark application satisfies the requirements examined under Article 
55, the Hungarian Patent Office shall examine whether the fonnal requirements of 
Article 50(2) and (3) have been satisfied and whether the sign is uniform (Article 
52(1)). 
(2) Where the application does not comply with the requirements examined 
under paragraph (1), the applicant shall be invited to correct the defects or to divide 
the applicatioL IP/N/1/HUNIII2 
Page 27 
(3) The trademark application shall be rejected if, in spite of correction or 
comments, it still does not comply with the requirements under examination. An 
application may be rejected only for grounds precisely and expressly stated in the 
invitation. 
(4) Where the applicant does not reply to the invitation within the fixed time 
limit or does not divide the application, the trademark application shall be considered 
withdrawn. 
Search for Earlier Rights 
Article 60 
(1) If a trademark application satisfies the requirements laid down in Article 
59, the Hungarian Patent Office shall cany out a search for earlier rights and shall 
draw up a search report on the basis of the sign, with due regard to the list of goods. 
(2) The search report shall mention those data which may be taken into 
consideration in deciding whether the sign to which the trademark application relates 
is registrable. 
Substantive Examination 
Article 61 
(1) The Hungarian Patent Office shall carry out a substantive examination of 
the trademark application on the basis of the search report. 
(2) The substantive examination shall ascertain 
(a) whether the sign meets the requirements of Article 1 and whether it is not 
excluded from trademark protection under Articles 2 to 7 and 
(b) whether the application complies with the requirements laid down by this 
Law. 
(3) If a trademark application does not meet the requirements examined under 
paragraph (2), the applicant shall be invited, according to the nature of the objection, 
to correct the defects or to submit comments. 
(4) A trademark. application shall be rejected in whote or in part if it does not 
meet the examined requirements even after the correction of the defects or the 
submitting of comments. An application may be rejected only on grounds that have 
been precisely and expressly stated and duly reasoned in the invitation. Where 
necessary, a further invitation shall be issued. 
(5) If the applicmt fails to reply te· the invitation within the fixed time limit, the 
trademark application shall be considered withdrawn. IJ>/~/1/lIlJ~/I/2 
J>age 28 
Amendment and Division of the Application 
Article 62 
(1) A trademark application may not be amended in respect of 
(a) the sign, 
(b) the list of goods in such a way that it extends beyond that contained in the 
application at the date of filing. 
(2) The applicant shall be entitled to amend the list of goods as laid down in 
paragraph (1 )(b) until such time as the decision on the registration of the trademark 
becomes final. 
Article 63 
(1) The applicant may divide the application until such time as the decision on 
the registration of the trademark becomes final, 
(a) prior to the official invitation to this effect'(Article 59(2)), if he claimed 
protection for more than one sign in one application; or 
(b) if, by dividing the list of goods, he claims protection for detennined goods 
or services separately. 
(2) A fee prescribed by special legislation shall be paid for division within 
two months from the filing of the relevant request. 
(3) If the fee for division is not paid upon filing the request, the Hungarian 
Patent Office shall invite the applicant to correct the defect within the time limit fixed 
in paragraph (2). Failing which, the request for division shall be considered 
withdrawn. 
Registration of the Trademark 
Article 64 
(1) If the trademark application and the sign to which it relates meet all the 
requirements of the examination (Article 61(2», the Hungarian Patent Office shall 
register the subject matter of the application as trademark. 
(2 i The registration ;;11all be recorded :11 the Trademark Register (Article .',7), 
and relevant information shall b~ given in the official journal of the Hungarian Patent 
Office (Article 49(b)). IP IN I l/HUNIII2 
Page 29 
(3) After the registration, the Hungarian Patent Office shall issue a trademark 
certificate to which the extract from the Register shall be annexed. 
Chapter X 
Other Procedures ill Trademark Matters 
Renewal Procedure 
Article 65 
(1) Trademark protection shall be renewed (Article 11(2)) by the Hungarian 
Patent Office at the request of the proprietor. 
(2) The request for renewal shall contain the registration number ot the 
trademark; the provisions concerning the requirements of trademark applications 
(Article 50(2) and (3)) shall apply mutatis mutandis to the request and to its 
requirements. 
(3) The request for renewal shall be submitted l}ot earlier than twelve months 
before the expiry of protection and not later than within a period of six months from 
the date of expiry. 
(4) A fee prescribed by special legislation shall be paid for the 'request for 
renewal within two months from the filing of the relevant request. 
(5) On renewal of protection, the trademark may not be altered and the list of 
goods may not be extended,. 
Article 66 
(1) If the request for renewal does not comply with the requirements laid down 
in Article 65(1) to (4), the requesting party shall be invited to correct the defects. 
(2) The request for renewal shall be rejected if, in spite of correction or 
comments, it still does not comply with the requirements stated in the invitation. 
Where the requesting party does not reply to the invitation within the fixed time limit, 
the request for renewal shall be considered withdrawn. 
(3) If the fee for the request for renewal has not been paid, the Hungarian 
Patent Office shall invite the requesting party to remedy the defects within the period 
specified by this Law. Failing which. the request shall he considered witllrlrawn. IP IN I I/HUN 1I/2 
Page 30 
Article 67 
(1) If the request meets the requirements laid down In Article 65, the 
Hungarian Patent Office shall renew trademark protection. 
(2) The renewal shall be recorded in the Trademark Register, and relevant 
information shall be given in the official journal of the Hungarian Patent Office. 
(3) After the renewal, the Hungarian Patent Office shall issue a trademark 
certificate to which the extract from the Register shall be annexed. 
Procedure for Division 
Article 68 
(1) By separating the list of goods, the proprietor may divide trademark 
protection in respect of determined goods and services. 
(2) A request for the division of trademark protection and the necessary 
documents shall be filed in as many copies, prepared in confonnity with each other, 
in as many parts the initial list of goods shall be separated 
(3) The request for division shall contain the registration number of the initial 
trademark; the provisions concerning the requirements of trademark applications 
(Article 50(2) and (3» shall apply mutatis mutandis to the request and to its 
requirements. 
(4) A fee prescribed by special legislation shall be paid for the request for 
division within two months from the filing of the relevant request. 
Article 69 
(1) If the request for division does not comply with the requirements laid down 
in Article 68(1) to (3), the proprietor shall be invited to correct the defects. 
(2) The request for division shall be rejected if, in spite of correction or 
comments, it still does not comply with the requirements. stated in the invitation. 
Where the proprietor does not reply to the invitation, the request for division shall be 
considered withdrawn. 
(3) If the fee for the request for division has not been paid, the Hungarian 
Patent Office shall invite the proprietor to remedy the defects within the period 
specified by this Law. Failing which, the request for division shall be considered 
withdrawn. Article 70 IP IN I 1/HUN/I12 
Page 31 
(1) If the request meets the requirements laid down III Article 68, the 
Hungarian Patent Office shall divide trademark protection. 
(2) The division of trademark protection shall be recorded in the Trademark 
Register, and relevant information shall be given in the official journal of the 
Hungarian Patent Office. 
(3) After division, the Hungarian Patent Office shall issue a trademark 
certificate for each trademark, to which the extract from the Register shall be annexed. 
Decision on Lapse by Reason of Expiration and Surrender 
Article 71 
(1) In the case of lapse by reason of expiration of protection, the Hungarian 
Patent Office shall inform the proprietor of the possibility of renewal. 
(2) Where the proprietor surrenders protection (Article 32), the Hungarian 
Patent Office shall declare lapse of protection by a decision. 
(3) The expiration of trademark protection without renewal (Article 30(a» and 
lapse by reason of surrender shall be recorded in the Trademark Register, and relevant 
information shall be given in the officialjoumal of the Hungarian Patent Office. 
Cancellation procedure 
Article 72 
(1) Any person may institute proceedings for cancellation of a trademark 
against the proprietor under Article 33 except for the cases under paragraph (2). 
(2) Under Articles (4) to (6) only the proprietor of an earlier, conflicting right 
may request cancellation of a trademark. 
(3) The request for canc~Ilation shall be filed with the Hungarian Patent Office 
with a copy for each proprietor plus one additional copy. The request shall state the 
grounds on which it is based and documentary evidence shall be annexed. 
(4) A fee prescribed by special legislation shall be payable for the request for 
cancellation within two months from the filing of the request. 
(5) If the req! '~st for cancelIatio:1 does not compl\' with the requirel'1cnts laid 
d(jwn in this Law, th~ requesting party ~hall be invited to correct the defects; if the fee 
for the request has not been paid; the requesting party shall be invited to make IP/N/I/HUNIII2 
Page 32 
payment within the time limit fixed by this Law. Failure to remedy the defects shall 
result in the request for cancellation being considered withdrawn. 
Article 73 
(1) The Hungarian Patent Office shall invite the proprietor to submit co'mments 
on the request for cancellation. Following the written preparatory work, it shall decide 
at a hearing on the cancellation of the trademark, on the limitation of trademark 
protection or on the refusal of the request. 
(2) Where the request for cancellation is based on conflict with an earlier 
trademark of the requesting party, the burden of proving that the use of his trademark 
has met the requirements of Article 18 at the time of the cancellation procedure shall 
be on the requesting party. 
Article 74 
(1) If there is more than one request for cancellation of the same trademark, 
they shall be dealt with together. 
(2) If the request for cancellation is withdrawn, the procedure may be 
continued ex officio, except for the case under Article 12(2). 
(3) The losing party shall be required to bear the costs of the cancellation 
procedure. 
(4) The cancellation of the trademark or limitation of the trademark protection 
shall be recorded in the Trademark Register and relevant information shall be given in 
the official journal of the Hungarian Patent Office. 
Decision all Lapse by Reason o/Non-use, 
Loss of Distinctive Character or Becoming Deceptive 
Article 75 
(1) Any person may institute proceedings against the proprietor for a decision 
on the lapse of trademark protection by reason of non-use under Articles 18 and 34 
and by reason of the trademark loosing the distinctive character or becoming 
deceptive under Article 35. 
(2) The request for a decision on lapse shall be filed with the Hungarian Patent 
Office with a copy for each proprietor plus one additional copy. The request shall state 
the grounds on which it is based and documentary evidence shall be annexed. 
(3) A fee prescribed by sp~ciallegislation shall be payable for the request for a 
decision on lapse within two months from the filing of the request. IP IN 11 IHUN /Il2 
Page 33 
(4) If the request for a decision on lapse does not comply with the requirements 
laid down in this Law, the requesting party shall be invited to correct the defects; if 
the fee for the request has not been paid, the requesting party shall be invited to make 
payment within the time limit fixed by this Law. Failure to remedy the defects shaII 
result in the request for a decision on lapse being considered withdrawn. 
Article 76 
(1) The Hungarian Patent Office shall invite the proprietor to submit comments 
on the request for a decision on lapse. Following the written preparatory work, it shall 
decide at a hearing on the lapse of trademark protection, in whole or in part, by 
reason of non-use, loss of distinctive character or becoming deceptive, or on the 
refusal of the request 
(2) If there is more than one request for a decision on lapse of the same 
trademark, or there are requests for both the cancellation and for a decision on lapse of 
the same trademark, they shall be dealt with together. 
(3) If the request for a decision on lapse is withdrawn, the procedure may be 
continued ex officio. 
(4) The losing party shall be required to bear the costs of the procedure for a 
decision on lapse. 
(5) The lapse of trademark protection, in whole or in part, by reason of 
non-use, loss of distinctive character or becoming deceptive shall be recorded in the 
Trademark Register and relevant information shall be given in the official journal of 
the Hungarian Patent Office. 
PART III 
COURT PROCEEDINGS IN TRADEMARK CASES 
Chapter XI 
Review of Decisions oftlte Hungarian Patent Office 
Request for Review 
Article 77 
(1) Upon request, the COUI t may repeal or review (hereinafter referred to 
together as "re'. iew") decisions l '}l merits taken lJ;, the Hungarian Patent Office 
(,Article 39(2» as also its decisions declaring interruption of procedure, suspending IP 1Nl I/HUN 1112 
Page 34 
procedure or furnishing a basis for entries in the Register of Trademark Applications 
or the Trademark R egislel". 
(2) Any person may request review of a decision: 
(8) who. was a party to the procedures before the Hungarian Patent Office, 
furt..l!crmore 
(b) who has a legal interest in the review of the d~ision and filed ;:\n 
observation in the prQcedl:!fe before the Hungarian Patent OffiCe (Article 58). 
(3) Review of a decision on the registration and cancellation of 8 trademark 
may be requested by the public prosecutor under Article 3(1)(a) and (b) and Ar'Jcle 
3(2). 
(4) Th~ request for review must be filed within 30 days from the dale of 
notification of th~ decision to the party concerned or, in th.e ease of application of 
paragraph (2)(b), to the person making the observation. 
(5) The request shall be fued with the Hungarian Patent Office which shall 
forward it, together with the dOCw'ilents of the tmdemm file, to th~ court within 15 
days. 
(4) The rules ~o!lCeming comp!ain~ 5r~U apply lIrutatls iiiiitandi.i to the 
teqwrcmcnts for a request for review. 
(7) In the case of a req~efit filed late. the Gourt sball decide on the request fer 
"~stitutio in integrum. 
Jurisdiction (lI,d Campetence 
Article 78 
(1) In proceedings for the review of decisions taken by the HungBriun Pl:1tent 
Office, th~ Metropolitan Court shall have jurisdiction Md exclusive competence, 
(2) The Metropolitan Court shall sit in a chamber consisting of three 
professional judges. . 
(3) In appeals lodged against decisions of the Metropolitan Court, the Supreme 
Court shall have jurisdiction. Rules Governing Proceedings Concel71ing 
Requests for Review 
Article 79 IP IN 11 IHUN 1112 
Page 35 
The court shall hear requests for the review of decisions taken by the 
Hungarian Patent Office in accordance with the rules of non-contentious civil 
procedure, subject to the exceptions mentioned in this Law. Unless this Law or the 
non-contentious nature of the procedure indicates otherwise, the rules of the Code of 
Civil Procedure shall apply to the proceedings mutatis mutandis. 
Publicity 
Article 80 
The court may, at the request of a party, exclude the public from the hearin~ or 
from the pronouncing of the decision notwithstanding the fact that the requirements 
prescribed in the general provisions of the Code of Civil Procedure may not be 
fulfilled. 
Incompatibility 
Article 81 
(1) In addition to the cases determined in the general provisions of t~e Code of 
Civil Procedure, the following persons shall be excluded from participating in the 
proceedings or from acting as judges: 
(a) persons who participated in taking the decision of the Hungarian Patent 
Office; 
(b) relatives, as defined in the general provisions of the Code of Civil 
Procedure relating to the incompatibility of judges, of a person mentioned under (a), 
above. 
(2) The provisions of paragraph (1) shall also apply to the persons keeping 
records of evidence and to the experts. 
Parties to the Proceedings and Other Partlcipants 
Article 82 
(1) The person who filed the request shall be a party to the court proceedings. 
The public prosecutor instituting proceedings shall be entitled to all the rights to 
wh~ch a party is entitkd, except that he :nay not agree to ~ compromise nor dinquish 
or recognize rights. IP/NI1 IHUNIII2 
Page 36 
(2) Where an adverse party has also taken part in the procedure before the 
Hungarian Patent Office, the court proceedings shall be initiated against that party. 
Article 83 
Where a joint proprietor acts independently to maintain and protect trademark 
rights, or proceedings have been initiated against one only of the joint proprietors, 
the court shall notify the other joint proprietors that they may join the proceedings. 
Article 84 
(1) Any person having a legal interest in the outcome of the proceedings for 
review of decisions taken by the Hungarian Patent Office may intervene in the 
proceedings, until such time as the court decision becomes final, in favour of the party 
whose interests he shares. 
(2) Save for compromise, recognition and surrender of rights, the intervenor 
may take any action which the party he supports'is entitled to take, except that his acts 
shall have effect only where they do not conflict with the acts of the party concerned. 
(3) Any legal dispute between the intervenor and the party concerned may not 
be decided in the course of the proceedings. 
Representation 
Article 85 
(1) Patent attorneys may also act as representatives in proceedings. 
(2) The power of attorney given to a patent attorney or an attorney-at-law shall 
be valid only if signed by the principal. 
Costs of Proceedings 
Article 86 
(1) Where an adverse party also takes part in the court proceedings, the 
provisions on litigation costs shall apply mutatis mutandis to the preliminary deposit 
and payment of the costs of proceedings. 
(2) In the absence of an adverse party, the applicant shall advance and meet the 
costs. 
(3) The expenses and fees of the patept attorney represe~lting the party sh,:{1 be 
added t(; the costs of proc( cdings. Omission 
Article 87 IP/N/1/HUNIII2 
Page 37 
Where neither the applicant nor any of the parties appear at the hearing or 
where none of the parties respond to the invitation of the court in the fIxed time limit, 
the court shall decide on the request on the basis of the material at its disposal. 
Restitutio in integrum 
Article 88 
The provisions of Article 42 shall apply mutatis mutandis to the submission of 
a request for restitutio ill illtegrum in non-contentious proceedings. 
Heari/1g and Taking of Evidence 
Article 89 
(1) The court of fIrst instance shall take evidence and shall hold its hearings in 
accordance with the provisions of the Code of Civil Procedure. 
(2) If no adverse party takes part in the proceedlngs and the case can be settled 
on the basis of documentary evidence, the court may take a decision without a 
hearing, but the party shall be heard at his request. 
(3) Should the court consider the case without a hearing, but fInd during the 
proceedings that a hearing is necessary, it may at any time order such hearing. 
However, where the court considers the case at a hearing, or has ordered a hearing, it 
may not revoke such order and consider the case without a hearing. 
(4) Compromise may not be reached in the court proceedings if such 
compromise was not possible in the procedure before the Hungarian Patent OffIce. 
Decisions 
Article 90 
The court shall decide both on the merits of a case and on other matters by a 
judgement. 
Article 91 
(1) If the court changes a decision taken in a trademark cas~. the judgement 
shall replace t !~ decision of the i : ungarian Patent ( 'ffice. IP IN 11IHUN 1112 
Page 38 
(2) The court shall repeal a decision and order the Hungarian Patent Office to 
start a new procedure if: 
(a) the decision was taken with the participation of a person who could be 
objected to on the grounds of incompatibility; 
(b) important rules of procedure which cannot be remedied by the court were 
infringed during the procedure before the Hungarian Patent Office; 
(c) the trademark application has been rejected for formal reasons and the 
applicant remedies the defects simultaneously with the filing of a request for review or 
at the invitation of the court. 
(3) Where a party requests a court decision on a matter which was not the 
subject of the procedure before the Hungarian Patent Office, the court shall refer the 
request to the Hungarian Patent Office. In such case the court shall, if necessary, 
repeal the decision of the Hungarian Patent Office. 
(4) Where, after the filing of a request for review, the Hungarian Patent Office 
withdraws or repeals its decision since it does ndt qualify as taken on merits, the court 
shall terminate the proceedings. If the Hungarian Patent Office has changed its 
decision, the court proceedings may only continue in respect of matters still pending. 
Article 92 
The court judgement on the merits of a case shall be communicated by service. 
Court Proceedings at Second Instance 
Article 93 
(1) The court of second instance shall decide on appeals lodged against 
decisions of the court of first instance in accordance with the provisions of the Code 
of Civil Procedure except that it may also take limited evidence at a hearing. 
(2) The court of second instance shall decide on appeals at a hearing if an 
adverse party also takes part in the proceedings. 
Exclusion of Req1lest for Reconsideration 
Article 94 
No request for reconsideration is admissible in respect of final court decisions 
on the amendment of decisions of the Hungari:-lrl Patent Office. Rules Governing Trademark Litigation 
Article 95 IP IN I lIHUN /1/2 
Page 39 
(1) The Metropolitan Court shall have jurisdiction and exclusive competence in 
court proceedings concerning trademark infringement. In such proceedings, the 
chamber ofthe Metropolitan Court shall be composed as laid down in Article 78(2). 
(2) In trademark litigation, provisional measure shall be considered necessary 
to protect the petitioner's rights deserving special appreciation if the petitioner proves 
that the trademark is protected, and he is the proprietor of the trademark or a user 
entitled to institute proceedings for infringement in his own name. 
(3) Paragraph (2) shall not apply where six months have already elapsed from 
the beginning of trademark infringement or 60 days from the date on which. the 
petitioner became aware of the infringement and of the identity of the infringer. 
(4) The court shall decide on the provisional measures out of turn, however, not 
later than within 15 days from the filing of a request to this effect. 
(5) Where in the course of proceedings for trademark infringement one of the 
parties has already made the facts likely to a due extent, the court may, at the request 
of the party producing evidence, require the adverse party to present the document and 
other exhibits in his possession and to make inspection possible. 
(6) In proceedings for trademark infringement the court may subject the 
ordering of preliminary production of evidence to providing security. 
(7) Any other trademark litigation not mentioned under paragraph (1) shall be 
heard by the county courts (or Metropolitan Court). 
(8) The general provisions of the Code of Civil Procedure shall apply in the 
court proceedings referred to under paragraphs (1) and (7), with the exceptions laid 
down in Articles 80, 81 and 85 of this Law. IP IN/lIHUNIII2 
Page 40 
PARTlY 
COLLECTIVE MARKS AND CERTIFICATION MARKS 
Chapter XIII 
Collective Marks 
Collective Marks 
Article 96 
(1) Collective marks are marks that are capable of distinguishing goods or 
services of the members of a social organization, public body or association 
(hereinafter referred to together as "social organization") from the goods or services of 
other undertakings according to the quality, origin or other characteristics of goods or 
services bearing the collective mark. 
(2) In the case of collective marks protection shall be granted for a sign even if 
it consists exclusively of the indication of the geographical origin of the goods or 
services. 
(3) A sign shall be excluded from trademark protection as collective mark 
(a) if it is liable to mislead the public as to its character or importance, in 
particular if, in the case of registration, consumers might deem it other than a 
collective mark; 
(b) if the regulations governing its use contain provisions contrary to public 
policy, morality or law. 
(4) The right to the protection of a collective mark shall belong to the social 
organization, whose members shall be entitled to use the collective mark. 
(5) The proprietor social organization itself may not use the collective mark, it 
shall, however, control use by the members. 
(6) Use of a collective mark by any member of the social organization shall be 
deemed to constitute use within the meaning of Article 18. 
Regulations Governing Use of Collective Marks 
Article 97 
(1) A sign shall be granted protection as a collective mark if its use is governed 
by regulations complying with the requirements laid down ir1 paragraphs (2) tnd (3). 
The Lgulations shall b, established by tl; ; social organizati"n being the proprietor of 
the ~ollective mark. (2) The regulations shall specify: 
(a) the name and seat of the social organization, IP/NIlIHUNIII2 
Page 41 
(b) information on the members authorized to use the mark, including their 
names, adresses and seats, 
(c) the conditions of membership, 
(d) the conditions of use of the collective mark, 
(e) the prescriptions relating to the control of the use of the collective mark, 
(f) the order of proceedings against unauthorized use of the collective mark. 
(3) If the collective mark consists exclusively of an indication of geographical 
origin, the regulations must provide that any person whose goods or services originate 
in the geographical area concerned shall be authorized to become a member of the 
social organization. 
(4) The application for a collective mark shall contain the regulations. With 
respect to collective marks, the data indicated in' paragraph 2(b) shall also be recorded 
in the Trademark Register. The regulations and the amendments thereof shall be 
attached to the entry in the Register relating to the collective mark. 
Assignment of the Protection of Collective Marks 
Article 98 
(1) Assignment of the protection of collective marks shall require the recordal 
in the Trademark Register of the relevant written contract and of the change of 
proprietorship. 
(2) The protection of collective marks may not be assigned if after the 
assignment the requirements set out in Article 96 were not satisfied or the sign 
became excluded from protection as collective mark. 
Lapse of Protection of Collective Marks 
Article 99 
(1) The protection of collective marks shall also lapse in the event of the 
dissolution of the proprietor of the collective mark without successor in title. The 
protection shall lapse on the day of the dissolution of the proprietor. 
(2) Any person may request a decision on the lapse of protection under 
paragraph (1). IP IN I lIHUN 1II2 
Page 42 
(3) The protection of collective marks shall also lapse -on the day indicated in 
the decision on lapse -where the proprietor does not take the necessary action in order 
to stop the use of the collective mark contrary to the regulations. 
(4) Where a sign may not be granted protection as collective mark under 
Article 96(3), the collective mark shall be cancelled. If a sign becomes excluded from 
protection under Article 96(3), lapse of the protection of the collective mark shall be 
declared with retroactive effect to the filing date of the request for a decision on lapse. 
Enforcement of Rights Deriving from the Protection of Collective Marks 
Article 100 
Persons who are authorized to use the collective mark by reason of their 
membership may bring an action against an infringer only with the consent of the 
proprietor; they may, however, intervene in the proceedings instituted by_ the 
proprietor. 
Chapter XIV 
CertiflCatioll Marks 
Certification Marks 
Article 101 
(1) Certification marks are trademarks that distinguish goods or services of 
specified quality or of other characteristics from other goods or services by attesting to 
suc~ .quality or characteristic. 
(2) Protection of certification marks shall not be obtained by 
(a) an undertaking which produces, puts on the market or imports the goods or 
supplies the services for which the trademark is registered; 
(b) an undertaking which -pursuant to the Law on the Prohibition of Unfair 
Market Practices and of the Restriction of Competition -is not independent of the 
undertaking under subparagraph-(a); 
(c) an undertaking with which the undertaking under subparagraph (a) is in a 
lasting legal relationship in respect of the goods or services for which the mark is 
registered. 
(3) The proprietor itself may not use the certification mark, it shall, however, 
autl10rize its use with respect to the goons or services complying with the prescribed 
qual~ly requirements 01 with other charac ·2ristics. JP IN I lIHUNIII2 
Page 43 
(4) A certification mark shall be granted protection if it is accompanied by 
regulations satisfying the requirements set out under paragraph (5). 
(5) The regulations shall specify: 
(a) the name and seat of the proprietor, 
(b) the quality requirements relating to the goods or services for which the 
mark is registered, 
(c) the rules of the certification of quality, 
(d) the conditions of use of the mark, 
(e) the prescriptions relating to the control of the use of the mark, 
(f) the order of proceedings against unauthorized use of the mark. 
(6) For the regulations, application and registration, the use and assignment of 
the certification mark, for the lapse of the protection of the certification mark and for 
the enforcement of rights deriving from the protection of such marks, the provisions 
relating to collective trademarks and to their protection shall apply mu.tatis mutandiS. 
(7) For the use of certification marks the provisions of special legislation on the 
certification of quality or of other characteristics shall also apply. 
Chapter XV 
Application of Provisions Relating to Trademarks 
to Collective and Certification Marks 
Application of Provisions Relating to Trademarks 
Article 102 
Matters relating to collective and certification marks and to their protection that 
are not covered by this part shall be governed by the provisions relating to trademarks 
and to their protection. IP IN I I/HUN /Il2 
Page 44 
PART V 
PROTECTION OF GEOGRAPHICAL INDICATIONS 
Chapter XVI 
Subject Matter of Protectio1t~ Rights Conferred, 
Infringement and Lapse of Protection 
Protectable Geographical Signs and Appellations of Origin 
Article 103 
(1) Geographical signs and appellations of origin which are used in the course 
of trade to identify the geographical origin of a product shall be granted protection as 
geographical indications. 
(2) Geographical sign means the geographical name of a region, locality or, in 
exceptional cases, a country which serves to designate a product originating therein 
the specific quality, reputation or other characteristics of which are due essentially to 
that geographical origin, and the production, processing and preparation of which take 
place in the defined geographical area. 
(3) Appellation of origin means the geographical name of a region, locality or, 
in exceptional cases, a country which serves to designate a product originqting therein 
the specific quality, reputation or other characteristics of which are due exclusively or 
essentially to the geographical environment, with its inherent natural and human 
factors, and the production, processing and preparation of which take place in the 
de:fmed geographical area. 
Article 104 
Geographical indications of agricultural products and foodstuffs shall be 
granted protection if the products bearing the geographical indication comply also 
with the conditions specified in the product specification provided for by special 
legislation. 
Grounds for Exclusiol1 
Article 105 
(1) A geographical indication shall not be granted protection if in the course of 
trade it has become the common name of a product irrespective of whether or not the 
i)roduct originate in the place speci Cjed by the geogra-hical indication. JP IN 11 IHUN 1112 
Page 45 
(2) After its registration, a geographical indication may not become the 
common name of a product. 
Article 106 
(1) A geographical indication shall not be granted protection 
(a) with respect to identical goods if the geographical indication with the later 
date of priority is identical with an earlier geographical indication or trademark; 
(b) with respect to identical or similar goods, if the geographical indication 
with the later date of priority is identical with, or similar to, the earlier geographical 
indication or trademark and exists a likelihood of confusion on the part of the 
consumers; 
(c) with respect to not similar goods if the geographical indication with the 
later date of priority is identical with, or similar to, an earlier trademark having a 
reputation in the country where the use of the later sign would take unfair advantage 
of, or be detrimental to, the distinctive character or the repute of the earlier trademark. 
(2) A geographical indication shall not be refused protection if it conflicts with 
an earlier trademark which has not been used by the proprietor in accordance with the 
; provisions of Article 18. 
(3) A geographical indication shall not be granted protection if it would conflict 
with an earlier copyright or industrial property right of others, including conflict with 
the name of a protected plant variety or animal breed. 
(4) A geographical indication shall not be refused protection in accordance 
with paragraphs (1) and (3) if the proprietor of the earlier trademark or variety 
denomination consents to the registration of the later sign under the provisions of 
Article 7. 
Registrability, Right to Protection 
Article 107 
(1) Protection shall be granted for a geographical indication if 
(a) it satisfies the requirements of Articles 103 and 104 and is not excluded 
from protection under the terms of Articles 105 and 106 and 
(b) the relevant application complies with the requirements laid down by this 
Law. IP IN 11 IHUN /Il2 
Page 46 
(2) Any natural or legal person or a company without legal personality may 
apply for the protection of a geographical indication which produces, processes or 
prepares, in the defined geographical area, a product for the designation of which the 
geographical indication is used. 
(3) The protection of a geographical indication shall belong jointly to the 
persons who produce, process or prepare products in accordance with paragraph (2) 
(hereinafter referred to as "proprietors"). 
(4) Foreigners shall be entitled to the protection of a geographical indication 
only on the basis of an international agreement or subject to reciprocity. In the matter 
of reciprocity, the standpoint of the President of the Hungarian Patent Office shall be 
decisive. 
Establishment and Term oJProtection 
Article 108 
(1) Protection of the geographical indication shall begin with the registration, 
with retroactive effect to the filing date of the application. 
(2) Protection of geographical indications shall be unlimited in time. , 
Rights ConJerred by the Protection 
Article 109 
(1) Protection shall afford the proprietors the exclusive right to use the 
geographical indication. Only the proprietors may use the geographical indication, 
they may not grant a license of llse. 
(2) On the basis of the exclusive right of use, any of the proprietors shall be 
entitled to bring an action against any person who, in the course of trade, 
(a) uses the protected geographical indication or a denomination liable to create 
confusion with respect to products not originating in the defined geographical area; 
(b) uses the protected geographical indication with respect to goods not 
included in the list of products but similar to those and therefore takes unfair 
advantage of, or infringes the repute of the protected geographical indication. 
(c) imitates or evokes in any manner whatsoever the protected geographical 
indication, even if the true origin of the product is indicated or if the protected name is 
trmdated or accompa"ied by various affix-es; IP/N/lIHUNIII2 
Page 47 
(d) uses any false or misleading indication as to the provenance, origin, nature 
or essential characteristics of the product, no matter where it is indicated (e.g. on the 
packaging, advertising material or documents relating to the product concerned); 
(e) performs any other act liable to mislead the public as to the true origin of 
the product. 
Infringement of Protection 
Article 110 
(1) Any person who unlawfully uses a protected geographical indication in 
contravention of the provisions of Article 109, commits infringement. 
(2) Anyone of the proprietors may also institute proceedings for infringement 
individually. Proceedings for infringement may also be instituted by interest groups of 
the proprietors and by organizations for the protection of consumers. ' 
(3) For the. civil remedies available against the infringer the provisions of 
Article 27, and for the customs law consequences of infringement the provisions of 
Article 28 shall apply mutatis mutandis. 
Lapse of Protection 
Article 111 
(1) Protection of a geographical indication shall lapse 
(a) if protection is cancelled, with retroactive effect to the filing date of the 
application; 
(b) if the proprietors have violated the requirements laid down in the product 
specification, with retroactive effect to the date of starting the procedure for a 
declaration of lapse. 
(2) 'The . protection shall be cancelled if the geographical indication does not 
satisfy the requirements laid down in Article 107(1)(a). 
(3) Lapse of the protection of a geographical indication for agricultural 
products and foodstuffs shall be declared if the designated inspection authority 
establishes serious defects, in relation to the product specification, in the use of the 
geographical indication which cannot be remedied in any other way. 
(4) Should the request for cancellation or for a decision on lapse be rejected by 
a final decision, a new procedure for the cancelhtion, or for a decision on the lapse {)f 
the same Geographical indic,;tion on the same grounds may not be instituted by any 
person. IP/NI1 IHUN/1I2 
Page 48 
Chapter XVII 
Procedures Concerning tlte Protection of Geographical Indications 
General Rules of Procedures Before the Hungarian Patent Office 
Article 112 
(1) The Hungarian Patent Office shall have authority in the following matters 
concerning geographical indications: 
a) registration of geographical indications; 
b) cancellation of protection and decision on lapse; 
c) recording of applications for the protection of geographical indications and 
of registered geographical indications; 
d) official information on the protection of geographical indications. 
(2) For the procedures before the Hungarian Patent Office the provisions of 
Chapters VII and VIII shall apply mutatis mutandis, except that the Office shall 
proceed in the form of a board in procedures for cancellation and for a decision on 
lapse. 
Procedure for Registration of Geographical Indications 
Article 113 
(1) The application for registration shall contain a request, the name of the 
geographical indication, the list of products, other documents, and -in the case of 
geographical indications concerning agricultural products and foodstuffs -the product 
specification. Detailed formal requirements to be complied with by applications shall 
be laid down by special legislation. 
(2) An application for the registration of a geographical indication shall be 
subject to the payment of a filing fee determined by special legislation; the fee shall be 
payable within two months after the date of filing. 
(3) For the procedure for the registration of geographical indications the 
provisions of Chapter IX shall apply mutatis mutandis; in the case of geographical 
indications for agricultural products and foodstuffs the provisions of special 
legislation shall also apply. IP IN I l/HUNIII2 
Page 49 
Procedure for Cancel/ation alld for Decision 011 Lapse 
Article 114 
For the procedure for cancellation of the protection of geographical indications 
the provisions of Articles 72 to 74, and for the procedure for a decision on lapse the 
provisions of Articles 75 and 76 shall apply mutatis mutandis. 
Court Proceedillgs Concerning Protection of Geographical Indicatiol1s 
Article 115 
In court proceedings concerning the protection of geographical indications the 
provisions of Chapters XI and XII shall apply mutatis mutandis. 
Inspection o/Geographical Indications 0/ Agricultural Products and Foodstuffs , 
Article 116 
Inspection in accordance with the requirements under Article 104 of the use of 
geographical indications of agricultural products and foodstuffs indicated in the course 
of trade shall fall within the competence of the authority designated by special 
legislation. 
PART VI 
FINAL PROVISIONS 
Chapter :XVIII 
Entry Into Force; Transitional and Amended Provisions 
Rules Establishing Provisions COllceming the Entry Into Force a/this Law and 
Transitional Provisions 
Article 117 
(1) This Law shall enter into force on July 1, 1997; its provisions shall apply -
with the exceptions set out in paragraph (2) -only in procedures started after its entry 
into force. 
(2) The provisions of Article 42 shall also apply mutatis mutandis to pending 
matters. IP/~/1/lIlJ~/I/2 
Page 50 
(3) Use of a trademark before the entry into force of this Law shall be subject 
to the previously applicable provisions with respect to the scope of trademark 
protection, the concept of the use of a trademark and trademark infringement. 
(4) The time limits prescribed by this Law for legal consequences attached to 
acquiescence and failure to use the trademark shall begin on the day of the entry into 
force at the earliest. On the basis of the previously applicable provisions lapse of 
trademark protection may also be declared even if the five years during which the 
trademark has not been used in the country expires after the entry into force of this 
Law. 
Article 118 
(1) By way of derogation from Article 103(3), certain geographical names, 
traditionally used for foodstuffs, shall be treated as appellations of origin even if the 
live animals, meat and milk used as raw materials for the production of the foodstuffs 
concerned come from a geographical area larger than, or different from the processing 
area, provided that 
(a) the breeding area may be determined, 
(b) special conditions for the production of the raw materials exist, and 
(c) there are inspection arrangements to ensure that those conditions are 
adhered to. 
(2) Protection of geographical indications of traditional foodstuffs under 
paragraph (1) may be claimed within two years from the entry into force of this Law. 
(3) By virtue of this Law, protection shall also be afforded to appellations of 
origin which were recorded, before the entry into force of this Law, in the national 
register kept under the Lisbon Agreement for the Protection of Appellations of Origin 
and their International Registration. These appellations of origin shall be recorded in 
the Register of Geographical Indications and relevant information shall be given in the 
official journal of the Hungarian Patent Office. 
Repealed Provisions 
Article 119 
Simultaneously with the entry into force of this Law, the following shall be 
repealed: 
(a) Law No. IX of 1969 on Trademarks (hereinafter referred to as "the 
Trademark Law), Article 23(2) of Law No. LXVIII of 1992 and Articles 7 and 8 of 
Law No. VII of 1994; 
(b) Article 27(3) of Law No. XC of 1995 on Foodstuffs; IP/N/lIHUNIII2 
Page 51 
(c) Article 117(a) of Law No. XXXIII of 1995 on the Protection of Inventions 
by Patents, Article 170 of Law No. XCVI of. 1995 on Insurance Companies and 
Insurance Activities, further Article 211(7) of Law No. C of 1995 on Customs Law, 
Customs Procedures and Customs Administration; 
(d) Joint Decree No. 211970 (VII.I.) OMFB-IM 9n the Implementation of the 
Trademark Law; 
(e) Decree No. 411970 (VII. I.) IM on Court Proceedings in Trademark Cases. 
Amended Provisions 
Article 120 
Simultaneously with the entry into force of this Law, 
(a) the following provisions shall be substituted for Article 3(6) of Law No. IV 
of 1957, amended several times, on the General Rules of Administrative Procedure: 
"(6) Unless otherwise provided by legislation, this Law shall apply to matters 
relating to national defence, foreign trade administration, social insurance, industrial 
property protection, tax, revenue and customs admini£tration, to procedures of the 
Office of Economic Competition concerning competition supervision, and to matters 
laid down in the Law on the Establishment of Prices and in the Law on Insurance 
Companies and Insurance Activities."; 
(b) The following subparagraphs (d) and (e) shall be added to Article 52(1) of 
Copyright Act No. III of 1969 as amended several times, simultaneously the marking 
of the present subparagraph (d) shall change into (f): 
(In case of infringement of his copyright the author may, according to the 
circumstances of the case, have recourse to the following civil remedies) 
"( d) demand that the infringer give information on the identity of third persons 
involved in the production and distribution of the infringing things and in the supply 
of infringing services and of their channels of use; 
(e) require reimbursement of the enrichment obtained by infringement;"; 
(c) The following paragraphs (3)-(7) shall be added to Article 52 of the 
Copyright Act: 
"(3) In copyright litigation, provisional measure &ha11 be considered necessary 
to protect the petitioner's rights deserving special appreciation if the petitioner proves 
that the work is protected by copyright, and he is the author, the successor in title to 
the author, or a user of the' work or an organization dealing with the common IP /N / l/HUN /Il2 
Page 52 
administration of copyrights who/which is entitled to institute proceedings for 
infringement in his/its own name. 
(4) Paragraph (3) shall not apply where six months have already elapsed from 
the beginning of the infringement of copyright or 60 days from the date on which the 
petitioner became aware of the infringement and of the identity of the infringer.' 
(5) The court shall decide on the provisional measures out ofturn, however, not 
later than within 15 days from the filing of a request to th:is effect. 
(6) Where in the course of proceedings for infringement of copyright one of 
the parties has already made the facts likely to a due extent, the court may, at the 
request of the party producing evidence, require the adverse party to present the 
document and other exhibits in his possession and to make inspection possible. 
(7) In proceedings for infringement of copyright the court may subject the 
ordering of preliminary production of evidence to providing security." 
(d) The following provisions shall be added to the second sentence of Article 
3(1) of the Decree-Law No. 28 of 1978 on the Protection of Industrial Designs, as 
amended several times (hereinafter referred to as "the Designs Law"): 
"A mortgage may be established by contract made in writing and registered in 
the Design Register." 
(e) The following sentence shall be added to Article 11(2) of the Designs Law: 
"He may demand furthermore that the infringer give information on the 
identity of third persons involved in the production and distribution of the infringing 
goods and in the supply of infringing services and of their channels of distribution." 
(f) The following paragraphs (3)-(7) shall be added to Article 20 of the Designs 
Law, simultaneously the numbering of the present paragraph (3) shall change into (8): 
"(3) In design litigation, provisional measure shall be considered necessary to 
protect the petitioner'S rights deserving special appreciation if the petitioner proves 
that the design is protected, and he is the owner of the design protection, or an 
exploiter of the design entitled to institute proceedings 'for infringement in his own 
name. 
(4) Paragraph (3) shall not apply where six months have already elapsed from 
the beginning of the infringement of design protection or 60 days from the date on 
which the petitioner became aware of the infringement and of the identity of the 
infringer. IP IN 11 IHUN 1112 
Page 53 
(5) The court shall decide on the provisional measures out of turn, however, not 
later than within 15 days from the filing of a request to this effect. 
(6) Where in the course of proceedings for infringement of design protection 
one of the parties has already made the facts likely to a due extent, the court may, at 
the request of the party producing evidence, require the adverse party to present the 
document and other exhibits in his possession and to make inspection possible. 
(7) In proceedings for infringement of design protection the court may subject 
the ordering of preliminary production of evidence to providing security." 
(g) The following provisions shall be substituted for Article 17(1) of Law No. 
XXXVIII of 1991 on Utility Model Protection: 
"(1) With respect to succession in title, to the encumbrance of rights deriving 
from the utility model and from utility model protection, as well as to exploita!ion 
contracts, the provisions of the Patent law shall apply mutatis mutandis." 
(h) The following paragraph (3) shall be added to Article 1 of Law No. XXXII 
of 1995 on Patent Attorneys: 
(3) Where in industrial property matters legal repkesentation is mandatory for a 
party, this requirement shall be met if the party is represented by a patent attorney." 
(i) The following paragraph (2) shall be added to Article 25 <;If Law No. 
XXXIII of 1995 on the Protection of Inventions by Patents (hereinafter referred to as 
"the Patent Law"), simultaneously the present text shall be numbered (1): 
"(2) "A mortgage may be established by contract made in writing and 
registered in the Patent Register." 
(j) The following subparagraph (d) shall be added to Article 35(2) of the Patent 
Law, simultaneously the marking of the present subparagraphs (d) and (e) shall 
change into (e) and (f): 
"( d) may demand that the infringer give information on the identity of third 
persons involved in the production and distribution of the infringing goods and in the 
supply of infringing services and of their channels of distrIbution."; 
(k) The following provisions shall be substituted for Article 104 of the Patent 
Law: 
"Article 104. (1) The Metropolitan Court shall have jurisdiction and exclusive 
competence in court proceedings concerning the grant, modification or cancellation of 
a compulsory license, the establishment of prior or continued use and concerning the 
infringement of an invention or a patent. IP IN I I/HUN /Il2 
Page 54 
(2) In such proceedings, the chamber of the Metropolitan COUli shall be 
composed as laid down in Article 87. 
(3) ) In patent litigation, provisional measure shall be considered necessary to 
protect the petitioner's rights deserving special appreciation if the petitioner.proves 
that the invention is patented, and he is the patentee or an exploiter entitled to institute 
proceedings for infringement in his own name. 
(4) Paragraph (3) shall not apply where six months have already elapsed from 
the beginning of patent infringement or 60 days from the date on whiCh the petitioner 
became aware of the infringement and of the identity of the infringer. 
(5) The court shall decide on the provisional measures out of turn, however, not 
later than within 15 days from the filing of a request to this effect. 
(6) Where in the course of proceedings for patent infringement one-of the 
parties has already made the facts likely to a due extent, the court may, at the request 
of the party producing evidence, require the adverse party to present the document and 
other exhibits in his possession and to make inspection possible. 
(7) In proceedings for patent infringement the court may subject the ordering of 
preliminary production of evidence to providing security. 
(8) Any other patent litigation not mentioned under paragraph (1) shall be 
heard by the county courts (or Metropolitan Court). 
(9) The general provisions of the Code of Civil Procedure shall apply in the 
court proceedings referred to under paragraphs (1) and (8), with the exceptions laid 
down in Articles 89, 90, 94 and 95(3) of this Law." 
Authorization 
Article 121 
(1) The Government shall be authorized to 
(a) establish by decree the measures applicable in case of infringement of 
intellectual property rights in procedures concerning customs administration; 
(b) establish by decree the detailed rules concerning the protection of 
geographical indications of agricultural products and foodstuffs. 
(2) The Minister of Justice shall be authorized to establish by decree, in 
agreement with the president of the Hungarian Patent Office, the detailed formalities IP IN / lIHUNIII2 
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for trademark applications and for applications for the protection of geographical 
indications. 
Approximation to European Community Law 
Article 122 
Pursuant to Article 3 of Law No. I of 1994 promulgating the Europe 
Agreement signed in Brussels on December 16, 1991 on ... association between the 
Republic of Hungary and the European Communities and the.Member States, the Law 
contains regulation compatible with the following laws of the European Communities: 
(a) Council Directive 891l04IEEC to approximate the laws of the Member 
States relating to trade marks; 
(b) Council Regulation 2081192/EEC on the Protection of Geographical 
Indications and Designations of origin for Agricultural Products and Foodstuffs ..