WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/IIIDJN/T/IlRev.1 
29 January 1997 
(97-0309) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Hungary 
The present document reproduces the text of the Law on Trademarks No. IX of 1969!, as 
notified by Hungary under Article 63.2 of the Agreement (see document IP/N/l/HUN/l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L' ARTICLE 63:2 DE L' ACCORD 
Hongrie 
Le present document contient le texte! de la Loi n' IX de 1969 sur les marques, notifiee par 
la Hongrie au titre de l'article 63:2 de l'Accord (voir le document IP/N/l/HUN/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectuai relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL Pfi.RRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Hungria 
En el presente documento se reproduce! el texto de la Ley de Marcas de Fabrica 0 de 
Comercio, N° IX de 1969, notificado por Hungria en virtud de 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/l/HUN/l). 
!English only/anglais seulement/ingles solamente. IP/N/1/HUN/T/1/Rev.1 
Page 2 
HUNGARIAN TRADEMARK ACT 
Law No. IX of 1969 on Trademarks completed 
with the rules according to Joint Decree 
No. 2/1970 (July 1) OMFB-IM 
of the President of the National Committee 
for Technical Development and of the 
Minister of Justice on the Execution of the 
Law PARTI 
Legal Protection of Trademarks 
CHAPTER I 
Conditions of Trademark Protection 
Article 1 
Subject Matter of Trademark Protection IP/N/I/HUN/T/I/Rev.l 
Page 3 
Under the present Law, all marks shall be granted trademark protection 
which 
(a) are appropriate to distinguish goods and services (hereinafter "goods") 
form other goods, and 
(b) the protection of which is not excluded by Law 
Article 2 
Distinctive Character 
(1) A mark is appropriate for distinguishing if it gives to the goods com­
pared with identical or similar goods a special, different character 
(2) A mark can consist of a word, a combination of words, a figure, a pic­
ture, a combination of colours, a two or three-dimensional device, an audio or 
visual signal or a combination of these elements 
(3) A mark lacks distinctive character particularly where 
(a) it is used generally to indicate the product; 
(b) it indicates exclusively the kind, quality, quantity, characteristics, pur­
pose, value, place of origin or time of production of the goods 
Rule 1 (re Article 2 of the Law) 
(1) A mark lacks distinctive character if it consists exclusively of the name 
of goods or of a simple representation 
(2) In judging the protectability of a designation consisting exclusively of 
figures, of letters not forming a pronounceable word or of a simple geometrical 
drawing, the former notoriety of the designation in the country shall be taken 
into consideration. 
Article 3 
Marks Excluded from Trademark Protection 
(1) A mark shall not be granted trademark protection if: 
(a) it is liable to create confusion, 
(b) its use would be contrary to law or socially accepted moral rules, 
(c) it infringes individual rights of third parties, 
(d) it is identical or confusingly similar to a trademark held by a third party and 
well-known in the country, even if that trademark is not registered in the 
country. IP/N/1/HUN/T/1/Rev.1 
Page 4 
(2) Trademark protection shall not be granted to a mark which consists ex­
clusively of the name, abbreviation, flag, armorial bearing or emblem of a state, 
an authority or an international or intergovernmental organization, or the imita­
tion thereof; such marks may be used, however, with the authorization of the 
competent authority, as elements of trademarks 
(3) With respect to identical or similar goods, a mark shall not be granted 
trademark protection if 
(a) it consists of official signs or hall-marks indicating control and warranty, 
or imitations thereof, 
(b) it has been under trademark protection for the benefit of a third party and, 
the protection having expired because of surrender or failure to renew, 
less than two years have elapsed since such expiration; 
(c) it is identical or similar, to a degree liable to create confusion, to a third 
party's trademark registered on an earlier priority date or to a trademark ef­
fectively used but not registered, 
(d) it is the name of a protected plant variety or animal breed. 
Rule 2 (re Article 3 of the Law) 
(1) A designation is liable to create confusion especially if it may mislead 
the consumers in respect of the property, quality, destination, origin of the 
goods or it is identical with or similar to the notorious trade name of a third 
party to a degree liable to create confusion 
(2) In the application of Article 3 (3) (c) of the Law, goods are similar if in 
pursuance of their common destination or other technical, economic or market­
ing characteristics the consumer may come to the conclusion that their 
producer or seller is the same enterprise 
CHAPTER 11 
Rights and Duties Deriving from Trademark Protection 
Article 4 
Right to Trademark Protection 
(1) The right to a trademark and to legal protection thereof shall be enjoyed 
only by a party who has registered the mark in accordance with the procedure 
laid down in this Law If more than one applicant seeks registration of the same 
mark or of similar marks, the trademark shall be registered in the name of the 
party with the earlier priority date, unless an interested party shows use prior 
to the priority date 
(2) Trademark protection shall be granted to an enterprise, a cooperative 
or to any other organ or party entitled to pursue economic activities (hereinafter 
collectively designated as ~enterprise") IP/NI 1 IHUN/TI 1 IRev .1 
Page 5 
(3) Associations of enterprises having legal personality (trade unions, pro­
fessional associations, etc.) shall obtain collective trademark protection for 
trademarks intended to be used by associate enterprises, even where such 
associations are not entitled to engage in economic activities, provided 
(a) the goods of the enterprises have some common characteristics (e g. re­
gional character), and 
(b) the collective trademark is used by the enterprises under the control of the 
association. 
Article 5 
Obtaining Trademark Protection 
Trademark protection is obtained by registration, with retroactive effect to 
the date of filing. 
Article 6 
Duration of Trademark Protection 
(1) Trademark protection shall have a duration of ten years, beginning on 
the date of filing the application. 
(2) Trademark protection shall be renewable for further periods of ten 
years. In case of renewal, the new period of protection begins on the day after 
the date of expiration of the previous period 
Article 7 
Effect of Trademark Protection 
The proprietor of a trademark shall, on the basis of trademark protection 
and within the limits fixed by legislation, enjoy the exclusive right to use the 
trademark for goods enumerated on the list of goods or to grant licenses to 
others for its use. 
CHAPTER III 
Contracts of Exploitation 
Article 8 
Conclusion of Contracts of Exploitation 
On the basis of a contract of exploitation (agreement granting a trademark 
license), the proprietor of the trademark grants a licence for the use of the 
trademark; in exchange, the user is under obligation to pay royalties. IP/N/1/HUN/T I1/Rev.1 
Page 6 
Article 9 
Rights and Obligations of the Parties 
(1) A license agreement grants, for the duration of trademark protection, 
the right to use /the trademark, without territorial limitation, for all goods enu­
merated on the list of goods However, unless expressly st:pulated, the user 
shall have nO exclusive right of exploitation, and, unless expressly authorized 
by the proprietor of the trademark, he shall not grant a further licence to a third 
party 
(2) The proprietor of the trademark may stipulate in the contract that the 
trademark shall be used only for goods having a specific quality In such case, 
he shall have the right to control the quality of the goods, even if this is not men­
tioned in the contract 
(3) The contract of exploitation is void if its existence or application is 
liable to create confusion 
Article 10 
Expiration of the Contract of Exploitation 
The contract of exploitation expires, with prospective effect, when the du­
ration fixed in it comes to an end, or if certain specified circumstances occur 
Article 11 
Effect of the Rules Relating to the Contract of Exploitation 
(1) The parties, by mutual consent, may lay down terms that differ from the 
provisions relating to contracts of exploitation, where this is not prohibited by 
legislation 
(2) Matters relating to contracts of exploitation and not covered by this 
Law shall be governed by the provisions of the Civil Code 
CHAPTER IV 
Transfer of Rights 
Article 12 
(1) The successor in title to an enterprise obtains trademark protection 
along with enterprise 
(2) Trademark protection shall be aSSignable by contract The contract of 
aSSignment is void where the successor in title has no capacity to acquire 
trademark protection, or where the assignment would cause the trademark to 
be excluded from protection, and especially where the assignment may in­
volve the risk of misleading 
(3) Matters of transfer of rights, not covered by this Law, are governed by 
the provisions of the Civil Code. CHAPTER V 
Infringement 
Article 13 
Infringement of Trademark IP/N/1/HUN/T/1/Rev.1 
Page 7 
(1) Any party who uses another party's trademark or any confusingly simi­
lar mark, for goods on the list of goods, or for similar goods, commits trademark 
infringement. 
(2) The proprietor of the trademark may enforce the following claims 
against the infringer, depending on the circumstances of the case: 
(a) the right to request the courts to declare the fact of infringement, 
(b) the right to seek an injunction against present and future infringement, 
(c) the right to 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; 
(d) the right to demand restitution of the enrichment obtained by the trade­
mark infringement, 
(e) the right to seek a court order for seizure of the instruments used for the in­
fringement and of the infringing products 
(3) The court may rule, depending on the circumstances of the case, that 
the seized instruments and products be divested of their infringing character 
or be auctioned pursuant to judicial procedure, in the latter case the court 
shall fix the sum to be collected 
(4) If the trademark infringement has caused material damage, damages 
shall be payable under the relevant p-rovisions of the Civil Code In assessing 
damages the impact of the trademark infringement on the entire economic ac­
tivity of the enterprise shall be taken into consideration 
Article 14 
Rights of the User in the Event of Trademark Infringement 
In the event of trademark infringement, the registered user may institute 
proceedings in his own name, provided he has previously called upon the 
proprietor of the trademark to take appropriate action in order to put a stop to 
the infringement and the latter has failed to take action within thirty days 
Article 15 
Decision of Non-Infringement 
(1) Any party who fears that proceedings for trademark infringement will 
be instituted against him may, before the institution of such proceedings, re­
quest a decision ruling that the mark used or desired to be used by him does 
not infringe a particular trademark specified by him 
(2) A final decision of non-infringement bars the institution of infringement 
proceedings on the basis of the trademark concerned IP/N/1/HUN/T/1/Rev.1 
Page 8 
CHAPTER VI 
Expiration of Trademark Protection 
Article 16 
Causes of Expiration 
Trademark protection shall expire: 
(a) when the period of protection expires without renewal, on the day following 
the date of expiration; 
(b) if the proprietor surrenders his trademark, on the day following receipt of 
the surrender, or on an earlier date specified by the party surrendering the 
trademark; 
(c) if the trademark has not been used in the country for five years, on the date 
specified in the decision declaring expiration, 
(d) if an enterprise entitled to a trademark or an organization entitled to a col­
lective trademark has ceased to exist without leaving a successor in title, 
on the day it ceases to exist; 
(e) if the trademark is declared null and void, with retroactive effect to the date 
of filing of the application (Article 19/1). 
Article 17 
Surrender of Trademark Protection 
The proprietor of a trademark may surrender trademark protection by writ­
ten declaration addressed to the National Office of Inventions If surrender af­
fects the rights of third parties based on legislation, on decisions of an authori­
ty, or on a license agreement, surrender shall take effect only with the consent 
of the parties concerned 
Rule 3 (re Article 17 of the Law) 
The withdrawal of the sUrrE;nder of trademark protection shall have no 
legal effect 
Article 18 
Expiration for Lack of Use 
(1) The application of a trademark on goods, wrappers and in addition in 
business correspodence and advertising are deemed as adequate use of 
trademarks. 
(2) Expiration of protection shall not be declared for lack of use if the 
proprietor shows adequate justification. Article 19 IP/N/1/HUN/T/1/Rev.l 
Page 9 
Nullity of and Limitations on Trademark Protection 
(1) Trademark protection shall be declared null and void with retroactive 
effect to its origin, if the mark does not satisfy the requirements laid down in 
Articles 1 to 3. 
(2) If five years have elapsed since registration and the trademark has 
become known through effective use, nullity shall be declared only if such use 
is contrary to law or socially accepted moral rules (Article 3/1 /b). 
(3) If conditions of nullity exist only in relation to a part of the list of goods 
of the trademark, the list shall be limited accordingly. 
PART 11 
Procedure in Trademark Matters 
CHAPTER VII 
General Regulations for Procedure before the National Office of Inventions 
Article 20 
Powers of the National Office of Inventions 
The National Office of Inventions is empowered to 
(a) register trademarks, 
(b) renew protection of trademarks, 
(c) declare expiration of trademark protection; 
(d) declare nullity of trademark protection, 
(e) declare non-infringement, 
(t) deal with matters concerning the registration of trademarks 
Article 21 
Application of the General Provisions on Administrative Procedure 
(1) The National Office of Inventions shall proceed in trademark matters, 
subject to the exceptions prescribed in this Law, by applying Law No. IV of 
1957 on the General Provisions on Administrative Procedure In the cases 
specified in special legislation, the National Office of Inventions takes deci­
sions in camera. 
(2) The National Office of Inventions shall not set aside or modify its deci­
sions on trademark matters taken on the merits Its decisions shall not be inval­
idated or changed by a supervisory authority, they shall be without appeal. 
(3) Decisions in trademark matters taken by the National Office of Inven­
tions may be modified by the court under the provisions of Article 37. IP/N/I/HUN/T/I/Rev.l 
Page 10 
Rule 4 (re Article 21 of the Law) 
(1) The National Office of Inventions shall deliberate in sitting in chamber. 
(a) in cancellation proceedings, 
(b) in procedure for dec"laration of expiration for lack of use, 
(c) in proceedings for a decision on non-infringement. 
(2) The chamber shall consist of a president and two members designated 
from the employees of the National Office of Inventions by its President. The 
decisions of the chamber shall be taken by majority vote. 
(3) Decisions of the National Office of Inventions shall enter into legal 
effect on the service thereof. 
(4) Decisions of the kind listed in Article 37 (1) of the Law shall be consid­
ered as decisions on merits. 
(5) In trademark matters the fees of witnesses and experts shall be decid­
ed in accordance with the provisions on witnesses and experts in court 
proceedings 
(6) Documents issued abroad have a conclusive evidence -in absence of 
an international agreement or of reciprocity -only if they have been legalized 
by the Hungarian diplomatic representation competent for the country of issue 
Article 22 
Power of Attorney 
(1) The National Office of Inventions may order the party, where warranted; 
to authorize a patent attorney or an attorney at law in order to represent him 
jointly or alone 
(2) An alien shall be obliged to give power of attorney to an attorney at law, 
a patent attorney or other qualified person, in order to represent him in pro­
ceedings before the National Office of Inventions 
Rule 5 (re Article 22 of the Law) 
The power of attorney shall be incorporated into an official document or a 
private deed constituting a conclusive evidence. For the validity of a power of 
attorney granted to a patent agent or an attorney at law it is sufficient to have 
the signature of the principal 
Article 23 
Registration of Trademark Matters 
(1) The National Office of Inventions shall keep a Register of the registered 
trademarks and the rights and facts relative thereto All relevant circumstances 
shall be recorded therein IP/N/1/HUN/T/1/Rev.1 
Page 11 
(2) Any right relative to trademark protection may be invoked against a 
third party who has acquired his right in good faith only if it is recorded in the 
Register 
(3) Information shall be recorded in the Register only on the basis of final 
decisions of the National Office of Inventions or of a court. 
(4) The Trademark Register shall be accessible to anyone; copies of the in­
formation it contains shall be available on request 
(5) All decisions and all facts the publication of which is prescribed by 
legislation shall be published in the Official Gazette of the National Office of 
Inventions 
Rule 6 (re Article 23 of the Law) 
(1) Any records in the Register concerning the rights and facts relating to 
trademarks shall be requested in writinq from the National Office of Inventions 
The request shall be accompanied by the underlying official document or pri-
vate deed constituting a conclusive evidence. . 
(2) No records may be inscribed on the basis of an instrument which is in­
valid due to formal defects or which lacks any official approval required by law 
Nor may records be inscribed if it becomes clear from the contents of the 
instrument that the legal declaration contained in the instrument is invalid 
(3) If the trademark has been assigned only in respect of a part of the list of 
goods (partial assignment), the National Office of Inventions shall record the 
assignment in the Register for the trademark in question, it shall cancel the 
goods assigned from the list of goods thereof, and shall record in the Register 
the trademark in favour of the successor in title in respect of the goods as­
signed The period of protection of the registration in favour of the successor in 
title expires simultaneously with the period of protection of the assignor and 
the protection of both trademarks can be renewed independently of each other. 
(4) Records for the benefit of a third person concerning the trademark as­
signed shall be inscribed into the Register of the trademark assigned, too 
Rule 7 (re Article 23 (1) of the Law) 
(1) The Trademark Register shall contain 
(a) the registration number and file number of the trademark, 
(b) the trademark, in case of coloured, solid (three-dimensional) trademark, 
an audio or visual signal this circumstance shall be indicated, 
(c) trade name (name), seat and sphere of activity of the owner of trademark, 
(d) the list of goods, indicating the international groups and grouped accord-
ingly, 
(e) the representative's name and address, 
(f) the filing date, 
(g) priority of the trademark, 
(h) the date of decision ordering the registration (renewal) of the trademark, IP INIlIHUN IT I lIRev.l 
Page 12 
(i) the amount of fee paid. 
0) the expiration of trademark protection. the title and date of expiration. 
(k) on written request of the owner supported by an official document or a pri­
vate deed constituting a conclusive evidence. any fact or circumstance 
related to the trademark (e g. assignment of trademark. grant of right for 
use) being of significance in respect of trademark protection. 
(2) Any person may Inspect the Trademark Register and may request. on 
payment of a fee, a copy of the Indications it contains. 
Rule 8 (re Article 23 (5) of the Law) 
The following shall be published in the Official Gazette of the National 
Office of Inventions· 
(a) registration number and file number of the registered trademark, the trade­
mark, trade name (name), seat and sphere of activity of the trademark 
owner, the list of goods, Indicating the international classes and grouped 
accordingly, the representative's name and address, the filing date, the pri­
ority of trademark and the date of decision ordering the registration of the 
trademark. 
(b) the expiration of trademark protection, the title and date of expiration and 
the registration number of the trademark, 
(c) any other record in the Register and the registration number of the trade­
mark 
Article 24 
Restoration of Rights 
In trademark proceedings -unless prohibited by legislation -a request 
for the restoration of rights can be submitted within fifteen days from the un­
observed time limit, or the last day of the unobserved period 
Rule 9 (re Article 24 of the Law) 
(1) In trademark matters the party shall be accorded a time limit of at least 
thirty days which may extended on request before the expiration of the period, 
a time limit longer than three months and more than three extensions of the 
time limit may be accorded only in special cases 
(2) In trademark matters the absence of the duly summoned parties shall 
not prevent the hearing from being held and the decision from being taken If it 
is necessary to hear the party in absence in order to clarify the facts of the 
case, the hearing shall be postponed IP/N/1/HUN/T I1/Rev.1 
Page 13 
(3) The res,oration of rights is excluded in the event of non-compliance 
with the time limit prescribed for submitting the declaration of priority, and for 
filing subsequently the priority document (Article 26 (3) of the Law), as well as 
for filing the request for the renewal of trademark protection (Article 15). 
(4) If the National Office of Inventions grants the request for restoration of 
rights, the acts of the party in default having remedied the omissions shall be 
considered as if they had been performed within the time limit unobserved and 
the hearing held on the date unobserved shall be repeated to the extent re­
Quired In accordance with the outcome of the new hearing, a decision shall be 
made also as to whether the decision taken at the hearing unobserved should 
hold valid or should be revoked in whole or in part. 
Article 25 
Use of Languages 
In trademark proceedings, documents in foreign languages may also be 
submitted, the National Office of Inventions may, however, require a translation 
into the Hungarian language 
Rule 10 (re Article 25 of the Law) 
The National Office of Inventions may request, if required, the legalization 
of the translation into Hungarian. 
CHAPTER VIII 
Trademark Registration Procedure 
Article 26 
Application for the Registration of a Trademark 
(1) The procedure for trademark registration shall begin with the filing of 
an application with the National Office of Inventions. 
(2) The application shall consist of the claim, information concerning the 
required data and other enclosures. Detailed regulations concerning the for­
malities to be complied with in trademark applications shall be published by 
the President of the National Office of Inventions in the Official Gazette in the 
form of a notice 
(3) Rights can be based only on an application which contains at least the 
name and address of the applicant as well as the mark to be registered and the 
list of goods. IP/N/1/HUN/T/1/Rev.1 
Page 14 
Article 27 
Priority 
(1) The date of priority giving rise to a right of priority shall be 
(a) generally, the day on which the application for registration of a trademark 
arrived at the National Office of Inventions (application priority); 
(b) in the cases defined by special legislation, the filing date of the foreign ap­
plication (Convention priority); 
(c) in the cases determined by an announcement of the President of the Na­
tional Office of Inventions published in the Official Gazette, the day of the 
exhibition of the trademark (exhibition priority) 
(2) The order of priority of applications which arrived on the same day 
shall be determined by their serial number in the list of applications 
(3) The priority defined in paragraph (1) (b) and (c) can be claimed only by 
a party who has submitted his declaration of priority simultaneously with the 
trademark application The document establishing priority shall be submitted 
-on pain of loss of the priority right -within three months of the filing of the 
application 
Rule 11 (re Article 27 (1) (c) of the Law) 
(1) Priority by exhibition may be claimed only by those who submit their 
priority declaration therefor within six months from the first day of the exhibi­
tion of the trademark simultaneously with filing the trademark application. 
(2) A certificate from the management of the exhibition shall be attached to 
the request for application, certifying the existence of the exhibition and its 
date, as well as the exhibited trademark The certificate of exhibition and the 
testimony of identity may be issued only during the period of the exhibition and 
only as long as the trademark is to be found at the exhibition area 
Article 28 
Formal Examination of the Trademark Application 
(1) The National Office of Inventions shall examine the trademark applica­
tion in order to ascertain whether it complies with the requirements prescribed 
in Article 26 (2) and (3) 
(2) If the trademark application is so incomplete that no right can be based 
on it (Article 26 (3», the application shall be rejected without further procedure 
(3) If the trademark application does not comply with the requirements set 
forth in Article 26 (2), the applicant shall be invited to remedy the defects If the 
invitation is not complied with, the application for a trademark shall be rejected Article 29 IP/N/I/HUN/T/I/Rev.1 
Page 15 
Substantive Examination of the Trademark Application 
(1) The National Office of Inventions shall examine the substance of the 
trademark application in regard to the following points' 
(a) whether the mark complies with the requirements prescribed in Articles 1 
to 3, and 
(b) whether the application benefits from the claimed right of priority. 
(2) If the examination as to substance reveals defects, the applicant shall 
be invited to remedy the same according to their character or to give an 
explanation 
(3) If the National Office of Inventions finds at the expiration of the delay 
set that the defects were not remedied, Or in spite of this, that the sign is not fit 
for registration, it shall reject the application 
Rule 12 (re Article 29 of the Law) 
A trademark application may be refused under the circumstance if the ap­
plicant has been invited to remedy the insufficiencies or to make a declaration 
in respect thereof 
Article 30 
Modification 
(1) The applicant may not modify the trademark shown in the application 
(2) The list of goods of the trademark may not be enlarged. 
Article 31 
Registration of the Trademark 
Depending on the results of the examination as to substance, the National 
Office of Inventions shall register the trademark or reject the application 
Rule 13 (re Article 31 of the Law) 
(1) The decision ordering the registration of trademark shall contain 
(a) the file number and the registration number, 
(b) the trade name (name), seat of the owner of trademark, 
(c) the filing date, 
(d) the priority data, 
(e) the date of the decision ordering the registration, 
(f) the Signature and seal of the National Office of Inventions 
(2) An abstract containing all the data of the trademark in the Trademark 
Register shall be attached to the decision IP/N/1/HUN/T/1/Rev.1 
Page 16 
Article 32 
Publication of the Trademark 
The National Office of Inventions issues a trademark certificate. The trade­
mark shall be entered in the Registerof Trademarks and published in the Offi­
cial Gazette of the National Office of Inventions 
Rule 14 (re Article 32 of the law) 
The trademark document shall be issued to the trademark owner together 
with the decision ordering the registration The document shall contain: 
(a) the registration number of the trademark and the file number, 
(b) the trade name (name) and seat of the trademark owner, 
(c) the filing date, 
(d) the priority data, 
(e) the signature by the President of the National Office of Inventions or by his 
Deputy, 
(f) the seal of the National Office of Inventions. 
CHAPTER IX 
Procedure in the National Office of Inventions in Matters of Registered Trade­
marks 
Article 33 
Renewal Procedure 
(1) The proprietor of the trademark shall apply to the National Office of In­
ventions for renewal of trademark protection, giving the registration serial 
number. 
(2) Renewal shall not contain modifications of the final version of the trade­
mark registered 
(3) Renewal of trademark protection shall be recorded In the Register of 
Trademarks and published in the Official Gazette of the National Office of 
Inventions 
Rule 15 (re Article 33 of the law) 
The renewal of trademark protection may be requested at the earliest in 
twelve months before the expiration of the period of protection and at the latest 
within six months from the date of expiration. Article 34 IP IN I lIHUN IT I lIRev.l 
Page 17 
Declaration of the Expiration of Trademark Protection 
Expiration of trademark protection, as prescribed in Article 16 (b) to (dl. 
shall be declared by a decision of the National Office of Inventions, which shall 
be recorded in the Register of Trademarks and published in the Official 
Gazette of the Office. 
Articlo 35 
Procedure for Declaration of Nullity and of Expiration for Lack of Use 
(1) Any party may request that protection of a trademark be declared null 
and void, or expired for lack of use. The request with its appendices shall be 
submitted in two copies to the National Office of Inventions The request shall 
state the grounds upon which it is based The originals of the documents in 
proof or certified copies thereof shall be appended to the request 
(2) The National Office of Inventions shall forward the request with its ap­
pendices to the proprietor of the trademark and shall invite him to make a state­
ment Following the written preparatory work, the National Office of Inventions 
shall give its decision on nullity or expiration in a hearing 
(3) If the request is withdrawn, proceeding may be continued ex officio. In 
the proceeding no settlement is permitted. 
(4) The losing party shall be required to pay the costs of the procedure. 
(5) Expiration shall be recorded in the Register of Trademarks and pub­
lished in the Official Gazette of the National Office of Inventions 
Rule 16 (re Article 35 of the Law) 
(1) Where the request for cancellation, resp for the declaration of expira­
tion for lack of use does not comply with the requirements provided for by law, 
the party submitting the request shall be invited to remedy the insufficiencies 
If he fails to do so, the request shall be rejected, but the procedure may be con­
tinued ex officio 
(2) Requests more than one for cancellation, resp for the declaration of 
expiration for lack of use shall be dealt with together 
(3) The legal binding decision on the merits rejecting the request excludes 
the institution of a further action for cancellation or for the declaration of expi­
ration for lack of use against the same trademark on the same factual grounds 
Article 36 
Proceeding for a Decision on Non-Infringement 
(1) The petitioner shall submit his request for a decision on non­
infringement to the National Office of Inventions, showing the mark used or to 
be used as we\l"as the list of goods and specifying the trademark in question. IP/N/I/HUN/T/I/Rev.1 
Page 18 
The National Office of Inventions shall give its decision on non-infringement in 
a hearing. 
(2) The costs of the procedure for a decision on non-infringement shall be 
borne by the petitioner. 
Rule 17 (re Article 36 of the Law) 
(1) A request for a decision on non-infringement and its annexes -includ­
ing the copy of the register its items of the trademark indicated -shall be sub­
mitted to the National Office of Inventions in duplicate. 
(2) A request for a decision on non-infringement may be submitted in re­
spect of one trademark only 
(3) The National Office of Inventions shall issue the request and its an­
nexes to the trademark owner to enable him to make a declaration and shall 
take a decision on the question of non-infringement at a hearing after making 
the written preparations 
CHAPTER X 
Court Procedure in Trademark Cases 
Article 37 
Review of Decisions Taken by the National Office of Inventions 
{n On request, the court may review the decisions of the National Office of 
Inventions taken with regard to: 
(a) registering the trademark or any entry in the Register, 
(b) declaration of expiration of trademark protection, 
(c) declaration of nullity of trademark protection; 
(d) non-infringement 
(2) Any person who took part, as a party, in the proceedings at the National 
Office of Inventions or who has a legal interest in review of the deciSion, or the 
procurator, may request that the decision be reviewed. 
(3) The period within which 'such a request shall be submitted shall be 
thirty days from the day on which the party was notified of the decision. 
(4) The request shall be submitted either to the National Office of Inven­
tions or to the court The National Office of Inventions shall forward the request, 
together with the relevant documents, within eight days. 
Rule 18 (re Article 37 of the Law) 
This Decree shall enter into force on July 1, 1970. In matters already in 
progress and in respect of trademarks already registered the provisions of the 
Trademark Law and of this Decree shall be applied as from July 1, 1970 In 
case of the first request on renewal after the entry into force of the Trademark 
Law the rules on the formalities of trademark application shall be applied muta­
lis mutandis Article 38 
Jurisdiction IP/N/lIHUN/T/1/Rev.1 
Page 19 
(1) Court proceedings for a review of decisions taken by the National 
Office of Inventions shaff be under the exclusive jurisdiction of the Metropolitan 
Court of Budapest 
(2) The Supreme Court shaff have jurisdiction to deal with appeals lodged 
against decisions of the Metropolitan Court of Budapest 
Article 39 
Composition of the Court 
In such proceedings, the bench of the Metropolitan Court of Budapest 
shall consist of three professional judges 
Article 40 
Application of the Provisions of the Code of Civil Procedure 
(1) In cases involving request for the review of a decision on a trademark, 
the Court shall proceed in accordance with the rules of unon-contentious" 
civil procedure, with the departures mentioned in this Chapter The procurator 
shall enjoy all rights which he otherwise has under such procedure 
(2) The court of first instance shall take evidence in accordance with the 
provisions of the Code of Civil Procedure and shall conduct a trial If the case 
can be settled on the basis of documentary evidence, the court may take a de­
cision without a trial, but the party, on request, shall be heard 
(3) The decision taken by the court of first instance shall be dealt with by 
the court of appeal in accordance with the provisions of the Code of Civil Proce­
dure. the court may also take evidence within certain limits 
Article 41 
Incompatibility 
(1) In addition to the persons listed in Articles 13 to 15 and 21 of the Code 
of Civil Procedure, no one shall consider the case and act as judge if he 
(a) participated in taking the decision at the National Office of Inventions, 
(b) is a relative, former husband or wife -as stated in Article 13 (2) of the 
Code of Civil Procedure -of a person mentioned under (a) above 
(2) The provisions of paragraph (1) shall also apply to court reporters and 
experts IP/N/1/HUN/T/1/Rev.1 
Page 20 
Article 42 
Restoration of Rights 
The provisions of Article 24 shall apply to claims for restoration of rights in 
proceedings of the Court 
Article 43 
Representation 
In addition to the persons listed in Article 67 (1) of the Code of Civil Proce­
dure, patent attorneys may also act as representatives 
Article 44 
Decisions 
(1) If the court changes a decision taken in a trademark case, the court 
judgement shall replace the decision of the National Office of Inventions. 
(2) The court shall vacate the decision and order the National Office of In­
ventions to start new proceedings if a person against whom incompatibility 
may be invoked, participated in the taking of the decision or if important rules 
of procedure were infringed during the proceedings which cannot be remedied 
by the court 
Article 45 
Review to Safeguard Legality 
As to the review to safeguard legality, final decisions dismissing an appli­
cation for trademark registration, declaring expiration of protection, or declar­
ing nullity of trademark protection, cannot be set aside on the merits, and the 
Supreme Court shall be restricted to a ruling of error of Law 
CHAPTER XI 
Trademark Litigation 
Article 46 
Jurisdiction 
(1) Court proceedings for trademark infringement shall be under the exclu­
sive jurisdiction of the Metropolitan Court of Budapest 
(2) In suc;::h proceedings, the bench of the Metropolitan Court of Budapest 
shall be composed as prescribed in Article 39. IP/N/lIHUN/T/lIRev.1 
Page 21 
(3) In the court proceedings referred to in paragraph (1), the provisions of 
the Code of Civil Procedure shall apply as well as the provisions of Articles 41 
and 43 of this Law. 
(4) In any other trademark litigation not mentioned in paragraph (1) thel 
courts of comitats (or the Metropolitan Court) or the economic commission of 
arbitration shall proceed in accordance with the general rules. 
PART III 
Final Provision 
Article 47 
(1) This Law shall enter into force on July 1, 1970 
(2) Simultaneously with the entering into force of this Law, the following 
shall be repealed. 
the provisions of Law No 11 of 1890 and Law No XLI of 1895 on the protec­
tion of trademarks still in force, legislation completing and amending those 
Laws (provisions concerning trademarks of Law No XI of 1913, Laws No 
XII of 1913, No. XXII of 1921, and No. XVII of 1932, Decree No 
20700/1948 (Xl. 24) of the Minister of Industry), as well as the provisions 
implementing that legislation, 
Article 6 (1) and (4). Articles 7 to 18 of Decree 121/1950 (IV 25) MT of the 
Council of Ministers concerning compulsory classification of goods pro­
duced in the country and the marking of certain goods 
(3) The President of the National Committee of Technical Development and 
the Minister of Justice shall be authorized to issue, by decree and in coopera­
tion with the President of the National Office of Inventions, the transitional pro­
visions concerning the entry into force of this Law and other rules of 
implementation 
(4) The Minister of Justice ,shall be authorized to issue, in cooperation with 
the President of the National Committee of Technical Development and with 
the President of the National Office of Inventions, detailed rules on court proce­
dure in trademark cases