Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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Act XI of  1997 
 
on the Protection of Trade Marks and Geographical I ndications  
 
In order to promote the development of Hungarian market economy, to improve competition 
conditions based on the use of signs capable of distinguishing goods and services, to assist 
consumers in gathering information, and in conformity with Hungary’s obliga tions of 
international and European Union law concerning the protection of intellectual property, the 
National Assembly adopts the following Act on the p rotection of t rade marks and geographical 
indications:  
 
PART ONE  
 
PROTECTION OF TRADE MARKS  
 
Chapter I  
 
SUBJECT MATTER OF TRADE MARK PROTECTION  
 
Signs capable of distinction  
 
Section 1  
 
(1) Trade mark protection may be granted for any signs, provided that these  
(a) are capable of distinguishing goods or services from the goods or services of others; and  
(b) can be represented in the trade mark register in a manner which enables the authorities 
and the public to clearly and precisely determine the subject matter of the protection applied for 
or granted to its holder.  
(2) Trade mark protection may be granted, in particular, for the following signs:  
(a) words, word combinations, 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, colour combinations, light signals, holograms;  
(f) sound signals;  
(g) motion signs;  
(h) position signs;  
(i) multimedia signs; 
(j) patterns; or  
(k) combinations of different signs.  
 
Absolute grounds for refusal  
 
Section 2  
 
(1) A sign not meeting the requirements specified in Section  1 shall not be granted trade 
mark protection.  
(2) A sign shall not be granted trade mark protection if:  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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 (a) it consists exclusively of signs or indications which may serve, in trade, to designate the 
kind, quality, quantity, 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;  
(b) it consists exclusively of signs or indications which have become established and 
customary in the current language or in the bona fide practices of the trade;  
(c) it is, for any other reason, devoid of any distinctive character;  
(d) it consists exclusively of  
(da) a shape, or another characteristic, which resul ts from the nature of the goods,  
(db) the shape, or another characteristic, of goods which is necessary to obtain the 
intended technical result, or  
(dc) a shape, or another characteristic, which gives substantial value to the goods. 
(3) Pursuant to paragra ph (2)(a) to (c) the sign shall not be excluded from trade mark 
protection if – by virtue of of its use – it has become distinctive either before the date of 
application or thereafter, but before the date of registration. 
 
Section 3  
 
(1) A sign shall not be granted trade mark protection if:  
(a) it is contrary to public policy or accepted principles of morality;  
(b) it is of such a nature as to deceive the consumers, in particular regarding 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 not be granted trade mark protection if:  
(a) it consists of, or contains any of the signs listed in Article 6ter(1) of the Paris Convention 
for the Protection of Industrial Property, provided that  
(aa)  such a sign – if it is not a State flag –  has been communicated according to Article 
6ter(3), and  
(ab) the registration of the sign – consisting of or containing an official sign or hallmark 
indicating control and war ranty – was applied for in respect of identical or similar goods as 
officially identified by the signs referred to;  
(b) it consists of a badge, emblem or escutcheon, not covered by point (a), the use of which 
is of public interest, or if it contains such badge , emblem or  escutcheon ; 
(c) it includes – in a manner determining the general impression of the sign – a symbol which 
strongly expresses a religious or other conviction.  
(3) Trade mark protection may be granted with the consent of the competent authority for 
signs which consist of or contain the signs specified under paragraph 2(a) and (b).  
(4) A sign shall not be granted trade mark protection if:  
(a) trade mark protectio n is applied for after the date of application of a geographical 
indication protected pursuant to Part VII of this Act, in relation to goods which are of the same 
type as the goods designated by the geographical indication, and its use would be contrary to  
Section  109(2),  
(b) it is excluded from protection pursuant to European Union legislation providing for 
protection of designations of origin and geographical indications, or  
(c) it is excluded from protection pursuant to an international agreement, to which the 
European Union or Hungary is party, providing for protection of appellations of origin and 
geographical indications. 
(5) A sign shall not be granted trade mark protection if it is excluded from protection 
pursuant to European Union legislation, or an equivalent international agreement to which the 
European Union is party, providing for the protection of traditional terms for wine.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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 (6) A sign shall not be granted trade mark protection if it is excluded from protection 
pursuant to European Union legis lation regulating the registration of traditional specialities 
guaranteed, or an equivalent international agreement to which the European Union is party.  
(7) A sign shall not be granted trade mark protection if – in respect of plant varieties of the 
same o r closely related species – it consists of, or reproduces in its essential elements, an earlier 
plant variety denomination, which has been registered in the plant variety r egister pursuant to  
(a) European Union legislation providing for plant variety prote ction, 
(b) the Patent Act, or  
(c) an international agreement to which the European Union or Hungary is party, providing 
for plant variety protection. 
 
Relative grounds  for refusal  
 
Section 4  
 
(1) A sign shall not be granted trade mark protection:  
(a) with  respect to identical goods or services, if the sign with the later date of priority is 
identi cal with an earlier trade mark;  
(b) if because of its identity with, or similarity to, the earlier trade mark and the identity or 
similarity of the goods or servi ces covered by the trade mark, there exists a likelihood of 
confusion on the part of the consumers; including the case where the likelihood of confusion is 
present because consumers may link the sign to the earlier trade mark by way of association;  
(c) if its date of priority is of a later date than that of an earlier, identical or similar trade 
mark which has a reputation in Hungary, or, in the case of an EU trade mark, in the European 
Union, irrespective of whether the goods or services for which it is applied are identical with, 
or similar to, those for which the earlier trade mark is registered, where use of that sign without 
due cause would be detrimental to, or take unfair advantage of, the distinctive character or the 
repute of the trade mark with a r eputation.  
(2) For the purposes of this Section  ‘earlier trade mark’ means:  
(a) all  
(aa) trade marks registered under this Act, including trade marks registered under 
international agreements which have effect in Hungary,  
(ab) EU trade marks registered under Regulation 2017/1001/EU of the European 
Parliament and the Council (hereinafter “EU Trade Mark Regulation ”), 
the date of application or , where applicable,  the date of claimed priority of which is earlier 
than the applica tion for registration of the trade mark; 
(b) for the purposes of paragra ph (1)(a) and (b), signs which, irrespective of their registration,  
on the date of application for registration of the trade mark, or, where appropriate, of the priority 
claimed in res pect of the application for registration of the trade mark, are considered to be well 
known in Hungary pursuant to Articl e 6bis of the Paris Convention;  
(c) EU trade marks which validly claim seniority, in accordance with the EU Trade Mark 
Regulation, of a  trade mark referred to in point (a)(aa), even when the protection of the latter 
trade mark has been s urrendered or allowed to lapse;  
(d) applications for the registration of trade marks referred to in points (a) and (c), subject to 
their registration,  
with the understanding that where this Act refers to an earlier or later trade mark, the 
provisions laid down in this paragraph shall apply accordingly  with respect to their 
chronological order .  
(3) A sign shall not be excluded from trade mark protection if it is in conflict with an earlier 
trade mark which has not been put to use by its holder in accordance with the provisions of Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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 Section  18, or the protection of which no longer exists at the filing date of the trade mark 
application. 
(4) [repealed]  
 
Section 5 
 
(1) No sign shall be granted trade mark protection which 
(a) would infringe a right relating to the personality of others, in particular the right to a 
name or t he right of personal portrayal;  
(b) would conflict with someone else’s copyright or related right, or industrial property right.  
(2) Trade mark protection shall not be grant ed for  
(a) a sign, if its use could be prohibited, by virtue of a sign which has been genuinely used 
earlier, in the course of trade, without registration in Hungary, by the earlier user pursuant to 
another law;  
(b) a sign the use of which could be prohibited by the person entitled to exercise the rights 
arising from geographical indications based on European Union legislation or national law 
providing for protection of designations of origin  or appellations of origin and geographical 
indications, provided that the application for registration of the designation of origin  or 
appellation of origin or geographical indication had been filed prior to its date of application 
for reg istration, and subject to the subsequent registration of the designation of origin  or of the 
appellation of origin or of the geographical indication. 
(3) The priority of the trade mark application shall be taken into account when deciding 
whether the appli cation for the registration  of the right, use, designation of origin or appellation 
of origin or geographical indication is to be considered as filed earlier for the purposes of 
paragraphs (1) and (2).  
 
Section 6  
 
A sign shall not be granted trade mark protection if a representative or agent of the holder of 
a trade mark applies for registration thereof in his own name without the holder’s authorization, 
unless the representative or agent justifies his action. 
 
Declaration  of consent  
 
Section 7  
 
(1) A sign shall not be excluded from trade mark protection pursuant to Section  4, Section  
5(1) or Section  5(2)(a), or the trade mark shall not be declared invalid pursuant to the grounds 
for refusal laid down in these provisions, if the holder of the earl ier conflicting right consents 
to the registration of the sign.  
(2) A declaration of consent shall be valid if drawn up in a public deed or private deed of 
full probative value.  
(3) The declaration of consent may not be withdrawn nor may it be replaced b y a court 
decision. 
 
Eligibility for trade mark protection  
 
Section 8  
 
(1) Trade mark protection shall be granted for a sign if  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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 (a) it satisfies the requirements of Section  1 and is not excluded from trade mark protection 
under the terms of Section s 2 to 7, and 
(b) the relevant application meets the requirements laid down in this Act. 
 
Chapter  II 
 
RIGHTS AND OBLIGATIONS CONFERRED  BY TRADE MARK PROTECTION  
 
Right to trade mark protection  
 
Section 9  
 
(1) The right to legal protection of a trade mark (hereinafter “ trade mark protection”)  shall 
belong to the person who has the trade mark registered according to the procedure provided for 
by this Act.  
(2) Any natural or legal person, irrespective of whether they pursue business  activities, may 
obtain trade mark protection. 
(3) If two or more persons apply for the registration of the sign jointly, they shall jointly 
acquire trade mark protection. If two or more persons are entitled to the right, it shall be deemed 
to belong to them in equal proportions unless otherwise specified.  
 
Commencement of trade mark protection  
 
Section 10  
 
Trade mark protection shall commence with registration and be effective retroactively from 
the dat e of filing of the application.  
 
Term of trade  mark protection  
 
Section 11  
 
(1) Trade mark protection shall have a term of 10 years beg inning on the date of filing of the 
application. 
(2) Trade mark protection shall be renewed for further 10- year terms. In case of renewal, the 
new term of protection shall commence on the day following the date of expiry  of the previous 
term.  
 
Rights conferred by  trade mark protection  
 
Section 12  
 
(1) Trade mark protection shall confer on its holder an exclusive right to use the trade mark.  
(2) Without prejudice to the rights acquired by others before the filing date or the priority 
date of the trade mark, on the basis of the exclusive right of use, the holde r of the trade mark 
shall be entitled to prevent any person not having his consent from using in the course of trade, 
for goods or services:  
(a) any sign identical with the trade mark for goods or services which are identical with those 
for which  the trade mark is registered;  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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 (b) any sign where, because of its identity with or similarity to the trade mark and the identity 
or similarity of the goods or services, there exists a likelihood of confusion on the part of the 
public; the likelihood of confusion includes the likelihood of association between the sign and 
the trade mark; or  
(c) any sign which is identical with or similar to the trade mark, irrespective of whether it is 
used in relation to goods or services which are identical with, or simil ar to, those for which the 
trade mark is registered, provided that the trade mark has a reputation in the country and the 
use of that sign without due cause would be detrimental to, or would take unfair advantage of, 
the distinctive character or the repute of the trade mark.  
(3) The following, in particular, may be prohibited under paragraph (2):  
(a) affixing the sign to the goo ds or to the packaging thereof;  
(b) putting the goods on the market or offering them for sale, or stocking them for those 
purposes, under that sign;  
(c) supplying or offering services under that sign  
(d) importing or expor ting the goods under the sign;  
(e) using the sign on busi ness papers and in advertising  
(f) using the sign as a trade or company name or par t of a trade or company n ame;   
(g) using the sign in comparative advertising in a manner that is contrary to the provisions 
of the Act on the prohibition of unfair m arket practices and of the r estriction of c ompetition.  
(4) Without prejudice to the rights of others acquired befor e the filing date or the priority 
date of the registered trade mark, the holder shall also be entitled to prevent third parties from 
bringing goods, in the course of trade, into the country, without being released for free 
circulation there, where such goods, including the packaging thereof, come from third countries 
and bear without authorisation a trade mark which is identical with the trade mark registered in 
respect of such goods, or which cannot be distinguished in its essential aspects from that trade  
mark.  
(5) The entitlement of the trade mark holder pursuant to paragraph (4) shall lapse if, during 
the proceedings aimed at determining whether the registered trade mark has been infringed and 
initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of 
the Council of 12 June 2013 concerning customs enforcement of intellectual property rights 
and repealing Council Regulation (EC) 1383/2003, evidence is provided by the declarant or the 
holder of the goods that the holder of t he trade mark is not entitled to prohibit the placing of the 
goods on the market in the country of destination.  
(6) Where the risk exists that the packaging, labels, tags, security or authenticity features or 
devices, or any other means to which the trade  mark is affixed, could be used in relation to 
goods or services and that use would constitute an infringement of the rights of the holder of a 
trade mark under paragraphs (2) and (3), the holder of that trade mark shall have the right to 
prohibit the foll owing acts if carri ed out in the course of trade:  
(a) affixing a sign identical with, or similar to, the trade mark on packaging, labels, tags, 
security or authenticity features or devices, or any other means to  which the mark may be 
affixed;  
(b) offering  or placing on the market, or stocking for such purpose, or importing or exporting 
any packaging, labels, tags, security or authenticity features or devices, or any other means to 
which the mark is affixed.  
(7) The holder of a trade mark protection may inv oke the rights conferred by that trade mark 
against a licensee referred to in Section  23(1) who contravenes any provision in his lice nsing 
contract with regard to:  
(a) the duration of the licence,  
(b) the form covered by the registration in which the trade  mark may b e used pursuant to the 
license,  Act XI of 1997  
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 (c) the scope of the goods or services fo r which the licence is granted,  
(d) the territory in which the trade mark may be used, or  
(e) the quality of the goods manufactured or of the services provided by the licensee.  
 
Reproduction of  trade marks  in reference works  
 
Section 13  
 
If the representation of a trade mark in a dictionary, encyclopaedia or other reference work, 
in print or electronic form, gives the impression that it constitutes the generic name of the goods 
or services for which the trade mark is registered, the publisher shall, at the request of the holder 
of the trade mark, indicate without delay – in the case of works in printed form at the latest in 
the next edition of the publication – that it is a registered trade mark.  
 
Opposing the use of a trade mark registered in the name of a representative or  agent 
without the holder's authorisation  
 
Section 14  
 
(1) Where a trade mark application is filed or a trade mark is registered in the name of a 
representative or agent without the holder's authorization, the holder shall be entitled to oppose 
the use of the trade mark by the agent or representative, and instead of or in addition to that, he 
shall be entitled to demand the assignment of the claim to trade mark protection or of the trade 
mark protection in his favour. 
(2) Paragraph (1) shall not apply where the representative or agent justifies his action. 
 
Limitations of trade  mark  protection  
 
Section 15  
 
(1) Trade mark protection shall not entitle the holder to prohibit any other person from using, 
where such use by the other person is in accordance with honest practices in industrial or 
commercial matters, in the course of trade:  
(a) his own name or address;  
(b) signs or indications which are not distinctive  from the outset  or which concern the kind, 
quality, quantity, intended purpose, value, geographical origin, the time of production of goods 
or of rendering of the service, or other charac teristics of goods or services;  
(c) the trade mark for the  purpose of identifying or referring to goods or services as those of 
the holder of that trade mark, including where the use of the trade mark is necessary to indicate 
the intended purpose of a product or service, in particular as accessories or spare part s. 
(2) Pursuant to paragraph (1)(a) only natural persons may invoke their own name or address 
against the holder of the trade mark.  
 
Exhaustion of the rights  conferred  by trade mark protection  
 
Section 16  
 
(1) Trade mark protection shall not entitle the holder to prohibit the use of the trade mark in 
relation to goods which have been placed on the market in the European Economic Area by 
him or with his expressed consent.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
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 (2) The provision under paragraph 1 shall not apply where there exist legitimate reasons for 
the holder to oppose further commercialisation of the goods, in particular where the consistency 
or condition of the goods is changed or impaired after they have been put on the market for the 
first time . 
 
Acquiescence  
 
Section 17  
 
(1) Where th e holder of an earlier trade mark as referred to in Section  4(2) has acquiesced, 
for a period of five successive years, in the use of a later trade mark in the country while being 
aware of such use, he shall no longer be entitled either to oppose the use of the later trade mark 
[Section  27/B(1)] or to apply, on the basis of his earlier trade mark, for a declaration that the 
later trade mark is invalid [ Section  33(2)(b)] . 
(2) Paragraph (1 ) shall only apply to goods or services in relation to which the later trade 
mark was put in genuine use. 
(3) Paragraph (1 ) shall not apply if the registration of the later trade mark was applied for in 
bad faith.  
(4) The holder of a later trade mark shall not be entitled to oppose the use of the earlier trade 
mark, even if that right may no longer be invoked against the later trade mark pursuant to 
paragraph (1) . 
(5) The provisions of paragraphs (1) to (4) shall apply accordingly  to earlier rights referred 
to in Section  5(1)(a) to (b) and Section  5(2)(a).  
 
Failure to use  trade marks  
 
Section 18  
 
(1) If, within a period of five years following the date of registration, the holder has not put 
the trade mark to genuine use 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, 
trade mark protection shall be subject to the legal consequences provided for in this Act [ Section  
4(3); Section  27/A; Section  30(d); Section  33(2)(a); Section  34; Section  61/E; Section  73(2)], 
unless non- use is duly justified by the holder of the trade mark.  
 (2) For the purposes of paragraph (1), in respect of trade marks registered in the course of a 
special accelerated procedure [ Section  64/A(7)] , the date of regi stration shall be deemed to be  
(a) the day which follows the expiry of the period pursuant to Section  61/B(1), or  
(b) the day on which the final and binding decision on the opposition was taken, provided 
an opposition has been filed. 
(3) For the purposes of paragraph (1), in respect of international trade marks registered with 
effect in Hungary, th e date of registration shall be deemed to be, as appropriate, the date of 
registration specified in Section  76/P(5), (5c), (5d) or (5e).  
 (4) For the purposes of paragraph (1), the following shall constitute domestic genuine use 
of the trade mark:  
(a) use of the trade mark in a form differing from the registered form only in elements which 
do not affect its distinctive character, regardless of whether or not the trade mark in the form as 
used has also been registered in the name of the holder;  
(b) affixing of the trade mark to goods or to the packaging thereof in the territory of Hungary 
solely for export purposes. Act XI of 1997  
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 (5) For the purposes of this Section , use of the trade mark with the authorization of the holder 
shall be deemed to constitute use by the holder.  
(6) In the case of an EU trade mark, use in accordance with this Section  means use in 
conformity with the provisions under Article 18 of the European Union Trade Mark Regulation. 
 
Chapter  III 
 
TRADE MARKS AND T HEIR  PROTECTION AS NEGOTIABLE  PROPERTY  RIGHT S 
 
Legal  succession  
 
Section 19  
 
(1) Rights related to the trade mark and deriving from a trade mark application or from trade 
mark protection shall constitute negotiable property rights . 
(2) The legal successor of a legal person shall acquire the trade mark as well, unless 
otherwise provided by the parties or implied clearly differently by circumstances.  
(3) Trade mark protection may be transferred by contract. Trade mark protection may also 
be transferred in respect of a part of the goods or services fo r which the trade mark is  registered.  
(4) The contract for the transfer of trade mark protection shall be null and void if the transfer 
may result in mislead ing the consumers . 
(5) [repealed]  
 
Encumbrance and levy of execution  
 
Section 20  
 
Rights related to the trade mark and deriving from a trade mark application or from trade 
mark protection may be encumbered or levied in execution. For hypothecation, it shall be 
necessary to put the security contract in writing and enter the lien in the t rade m ark register . 
 
Joint trade mark application  and joint trade mark protection  
 
Section 21  
 
(1) If there are two or more holders of the same trade mark, each of the joint holders may 
exercise the rights conferred by trade mark protection over his own share. Joint trade mark 
holders enjoy a right of pre -emption against third parties on each other’s  share. 
(2) The trade mark may be used by any one of the joint holders alone; however, he shall be 
obliged to pay appropriate remuneration to the other joint holders, in proportion to their shares. 
For the purposes of Section  18, such use of the trade mark shall be deemed use by all of the 
trade mark holders.  
(3) Third parties may  only be granted licenc e for the use of a trade mark  jointly by all 
holders. Consent may be substituted by a court judgement under the general provisions of civil 
law. 
(4) In the event of doubt, the shares of all joint trade mark holders shall be deemed equal. 
The rights of the other joint trade mark holders shall extend, in proportion to their own shares, 
to the share of any joint holder surrendering his trade mark protection. 
(5) Any one of the joint trade mark holders shall be entitled to act individually to renew, 
enforce and protect trade mark rights. Their procedural acts, except for settlement, admission Act XI of 1997  
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 of claims and waiver of rights, shall have effect on all the other trade  mark holders as well who 
failed to observe a time limit, deadline  or to perform an act, provided that such other joint trade 
mark holders have not subsequently remedied their omission. 
(6) If the procedural acts of the joint trade mark holders are in conflict, these acts shall be 
assessed having regard to all other relevant facts of the proce edings . 
(7) Costs relating to joint trade mark protection shall be borne by the joint trade mark holders 
in proportion to their shares. If, despite being invited to do so, a joint holder fails to pay his 
share of the costs, the joint holder paying those costs shall be entitled to claim that the share 
belonging to the joint holder not having met his obligation be transferre d to him.  
(8) The provisions concerning joint trade mark protection shall apply accordingly  to joint 
trade mark applications.  
 
Section 22  [repealed]  
 
Chapter IV  
 
TRADE MARK LICENSING CONTRACTS  
 
Trade mark licensing  contracts  
 
Section 23  
 
(1) Under a trade mark licensing  contract, the holder of trade mark protection shall license 
the right to use a trade mark and the licensee shall pay a licence fee.  
(2) The parties shall be free to determine the contents of the licensing  contract. However, 
any licensing  contract the performance of which could result in mislead ing consumers shall be 
null and void. 
 
Rights  and obligations of the parties  
 
Section 24  
 
(1) The trade mark holder shall be liable , for the whole duration of the licensing  contract, 
that no third parties hold rights in the trade mark that prevent or limit the exercise of the right 
of use. The p rovisions of the Civil Code governing warranty for legal defects  shall apply 
accordingly to this liability, except that the licensee shall be entitled, instead of withdrawal, to 
unilaterally terminate the contract with immediate effect.  
(2) The trade mark holder shall inform the licensee of all rights and important circumstances 
in relation to the trade mark, however, he shall be oblige d to transfer economic, technical and 
organis ational know -how thereof upon expressed agreement only.  
(3) The trade mark holder shall have the right to control , at the licensee, the quality of the 
goods bearing the trade mark or of the services supplied under the trade mark.  
(4) The licensing  contract shall cover all goods and services for which the trade mark is 
registered, to every mode and extent of use, without limitation in time or as to territory.  
(5) The licensing  contract shall grant exclusive right of use only if this is expressly stipulated 
therein . In the case of an exclusive licenc e, besides  the licensee who has acquired the right of 
use, the trade mark holder may also use the trade mark, unless this is expressly excluded by the 
contract. Th e trade mark holder may terminate the exclusivity of a licenc e, subject to a 
proportional reduction in the licence fee, if the licensee fails to begin the use of the trade mark 
within a reasonable time under the given circumstances.  Act XI of 1997  
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 (6) The licensee may tr ansfer the licenc e or grant sub- licences to third parties subject to the 
express con sent of the holder only.  
 
Termination of licensing  contracts  
 
Section 25  
 
The licensing  contract shall terminate ex nunc when the contractual period expires or when 
certain circumstances specified in the contract occur or when the  trade mark protection 
terminates . 
 
Effect  of the provisions relating to licensing  contracts  
 
Section 26  
 
(1) By mutual consent t he parties may derogate from the provisions relating to licensing  
contracts unless it is prohibited by law.  
(2) [repealed]  
 
Chapter V  
 
INFRINGEMENT  
 
Trade mark infringement  
 
Section 27  
 
(1) Any unlawful use of a trade mark that violates the provisions of Section  12 shall qualify 
as trade mark infringement.  
(2) The trade mark holder  may, according to the circumstances of the case, have recourse to 
the following civil remedies: 
(a) he may demand that the fact of infringement be declared by the court;  
(b) he may demand that the infringer cease the infringement or any acts  directly threatening 
therewith and that he be prohibited from further infringements ; 
(c) he may demand that the infringer give information on the identity of persons involved in 
the produc tion and distribution of the infringing goods or the provision of infringing services 
and of the business contacts esta blished for their distribution;  
(d) he may demand satisfaction from the infringer by way of a declaration or other 
appropriate means and, if necessary, that the declaration be made public by or a t the expense of 
the infringer;  
(e) he may demand the surrender of the enrichment obtained through the infringement of the 
trade mark;  
(f) he may demand the seizure, transfer to a specific person, recall or definitive removal from 
the channels of commerce, or destruction, of the infringing products and packaging, as well as 
of the means and materials exclusively or primarily used for infringement. 
(3) Where a trade mark is infringed , the trade mark holder shall also be entitled to claim 
damages under the rules of civil liability.  
(4) The trade mark holder shall be entitled to submit the demand referred to in paragraph 
(2)(b) also against any person whose services were used for the infringing activities.  Act XI of 1997  
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 (5) The trade mark holder shall be entitled to submit the demand referred to in paragraph 
(2) c) also against any person who 
a) was found in possession of the infringing goods on a commercial scale;  
b) was found to be using the infringing services on a  commercial scale;  
c) was found to be providing on a commercial scale services used for the infringing 
activities; 
d) was indicated by the person referred to in points a)  to c) as being involved in the 
production or distribution of the infringing goods or the provision of the infringing services.  
(6) For the purposes of paragraph (5)  a) to c), the acts shall be deemed to have been carried  
out on a commercial scale if it is obvious from the nature and quantity of the infringing goods 
or services that these acts were carried out for direct or indirect commercial or other economic 
advantage. Unless proven to the contrary, acts carried out by consumers in good faith shall not 
be regarded as acts carried out on a commercial scale.  
(7) On the basis of paragraph (2) (c) or paragraph (5), the infringer or the person referred to 
in paragraph (5)  may be ordered to provide, in particular, the following information:  
a) the names and addresses of the producers, distributors or providers  of the infringing goods 
or services, and the holders as well as the intended or involved wholesalers and retailers of the 
infringing goods or services;  
b) the quantities produced, delivered, received or ordered of the infringing goods or services, 
as well  as the price obtained or paid for the  goods or services in question. 
(8) At the request of the trade mark holder, the court may order that the means, materials, 
goods and packaging seized, recalled from the channels of commerce or definitively removed 
from the channels of commerce be divested of their infringing nature or, if  this is not possible, 
that they be destroyed. In justified cases, the court may order, instead  of destruction, that the 
means and materials seized be auctioned according to the procedure of judicial enforcement ; in 
such cases, the court shall decide in a judgement on how the sum obtained is to be used. 
(9) Seizure of the means and materials used in infringing activities and of the infringing 
goods and packaging shall also be ordered if they are not owned by the infringer, but the owner  
knew or, with  the diligence normally to be expected, should have known about the 
infringement.  
(10) The court shall order the measures referred to in paragraph (2) (f)an d paragraph (8 ) to 
be taken at the expense of the infringer, except when derogation therefrom is justified by the 
circumstances of the case. In ordering the recall from the channels of commerce, the definitive 
removal there from, or destruction, the court shall decide by taking into account the interests of 
third parties and by ensuring the proportionality of the measures to the seriousness of the 
infringement.  
(11) At the request of the trade mark holder, the court may order that its decision be made 
publi c at the expense of the infringer. The court shall decide on how to ensure  publicity. 
Publicity shall mean, in particular, publication in a national dail y newspaper or on the Internet.  
 
Non-use as defence in infringement proceedings  
 
Section 27/A  
 
(1) The holder of the trade mark may oppose the use of the sign only if the holder's rights 
are not liable to be revoked pursuant to Section  34 at the time the infringement action is brought.  
(2) If the defendant so requests, the holder of the trade mark shall furnish proof that  
(a) during the five -year period preceding the date of bringing the action, he put the trade 
mark to genuine use as provided in Section  18 in connection with the goods or services in 
respect  of which it is registered, or  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
13 
 (b) he had prope r reasons for non- use,  
provided that, at the date of bringing the action, the five -year period specified in Section  
18(1) to (3) has already expired.  
 
Intervening right of the holder of a later trade mark as defence in infringement 
proceedings  
 
Section 27 /B 
 
(1) The holder of a trade mark shall not be entitled to oppose the use of a later mark where 
that later trade mark would not be declared invalid pursuant to Section  33(2) or (2a), or Section  
73(3).  
(2) The holder of a trade mark shall not be entitled to oppose the use of a later EU trade mark 
where that later trade mark would not be declared invalid pursuant to Articles 60(1), (3) or (4), 
61(1) or (2) or 64(2) or (3) of the European Union Trade Mark Regulation.  
(3) Where the holder of a trade mark is not entitled to oppose the use of a later trade mark 
pursuant to paragraph ( 1) or (2), the holder of that later registered trade mark shall not be 
entitled to demand the prohibition of the use of the earlier trade mark, even if that earlier right 
may no lon ger be invoked against the later trade mark. 
 
Customs law conseque nces of trade mark infringement  
 
Section 28  
 
Upon trade mark infringement, the trade mark holder may, according to the provisions of 
the laws on customs action against goods infringing intellectual property rights , request the 
customs authorities to take measures to prevent the infringing goods be placed on the market.  
 
Rights of the applicant and of the licensee in the case of trade mark infringement  
 
Section 29  
 
(1) An applicant may also initiate proceedings for trade mark infringement; however, the 
proceedings shall be suspended until a final and binding decision is adopted on the registration 
of the trade mark.  
(2) The licensee may bring proceedings for trade mark infringement in hi s own name only 
if the trade mark holder consents thereto or if the licensing  contract authorised him to do so. 
However, the holder of an exclusive licence may bring such proceedings in his own name and 
without the consent of the holder against the infringer, if the holder of the trade mark, after 
formal notice, does not himself bring infringement proceedings within 30 days . 
(3) A licensee shall, for the purpose of obtaining compensation for damage suffered by him, 
be entitled to join the infringemen t action brought by the holder of the trade mark as a co -
litigant. Section 52(2)(a) of Act CXXX of 2016 on the Code of Civil Procedure (hereinafter 
”the Code of Civil Procedure”) shall apply  accordingly to the time limit of joining the action as 
co-litigan t, and Section  38(3) and Section  39 of the the Code of Civil Procedure  shall apply 
accordin gly to the relationship of the co- litigants.  
 
Chapter VI  
 
TERMINATION OF TRADE MARK PROTECTION  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
14 
  
Modes of termination  
 
Section 30  
 
(1) Trade mark protection shall terminate if  
(a) the period of protection expires without renewal ( Section s 11 and 31), on the day 
following the date of expiry ; 
(b) the holder of the trade mark surrenders the protection ( Section  32), on the day following 
receipt of the surrender , or at an earlier date specified by the person surrendering the protection;  
(c) if the trade mark has been declared invalid ( Section  33), with retroactive effect to the 
date of the application;  
(d) if the holder of the trade mark has not put the trade mark to genuine use ( Section s 18 and 
34), with retroactive effect to the filing date of the request  for revocation;  
(e) if the trade mark has lost its distinctive character or has become misleading ( Section  35), 
with retroactive effect to the filing date of the request for revocation . 
(f) [repealed]  
(2) Under paragraphs (1)(d) and (1 )(e), at the request of either of the parties, trade mark 
protection may also be revoked with retroactive effect to an earlier date on which the ground 
for filing the request for revocation  occurred, provided that the conditions  for revocation existed 
both at the earlier date specified and at the time of filing the request for revocation . 
(3) For the purposes of paragraph (2), the  date of priority of the later, conflicting trade mark 
application of the requesting party shall be considered, until proof of the contrary, to be the date 
on which the ground for revocation occurred, provided that that requesting party filed such trade 
mark application.  
 
Partial termination due to expiry  of the period of protection  
 
Section 31  
 
If trade mark protection is renewed only in respect of some of the goods or services for which 
the trade mark has been registered, trade mark protection shall terminate due to expiry  of the 
period of protection in respect of the pa rts not covered by the renewal.  
 
Surrender of trade mark protection  
 
Section 32  
 
(1) The trade mark holder entered in the trade mark register  may surrender the trade mark 
protection in a written declaration addressed to the Hungarian Intellectual Property Office.  
(2) If the surrender affects the rights of third parties deriving from a law, from a substantive  
decision by an authority, from a licensing  contract or any other contract recorded in the trade 
mark register , or if a court action is recorded in the trade mark register , the surrender shall take 
effect only with the consent of the parties concerned. 
(3) Trade mark protection may also be surrendered in respect of only some of the goods or 
services for which the trade mark is registered.  
(4) Surrender of trade mark pro tection may not be withdrawn.  
 
Declaration of invalidity  of trade marks  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
15 
 Section 33  
 
(1) The trade mark shall be declared invalid  
(a) if the subject matter of the trade mark protection does not meet the requirements laid 
down in Section  8(a); 
(b) if the subject matter of the trade mark protection differs from, or the list of goods or 
services extends beyond, the content of the application as filed at the acknowledge d filing date 
or, in the case of division, the content of the divisional application;  
(c) if the international trade mark application has been filed by a person not entitled to it 
under the Madrid Agreement or the Protocol Relating to the  Madrid Agreement [ Section  
76/I(1)(a)].  
(2) The trade mark shall not be declared invalid  if 
(a) it conflicts with an earlier trade mark [ Section  4(2)] the use of which does not meet , at 
the date of filing of the request for a declaration of invalidity, the requirements laid down in 
Section  18, or the protection of which no longer exists at the date of filing of the request for a 
declaration of invalidity ; or 
(b) it conflicts with an earlier trade mark, non -registered sign or any other rights whose 
holder was aware of the registration of the later trade mark and has acquiesced , for a period of 
five successive years, in the use of that trade mark, unless the holder of the later trade mark 
acted in bad faith.  
(2a) A request for a  declaration of invalidity on the basis of an earlier trade mark shall not 
succeed if it would not have been successful at the filing date or the priority date of the later 
trade mark fo r any of the following reasons:  
(a) the earlier trade mark, liable to be declared invalid pursuant to Section  2(2)(a) to (c), has 
not yet acquired a distinctive character as referred to  in Section  2(3);  
(b) the request for a declaration of invalidity is based on Section  4(1)(b) and the earlier trade 
mark has not yet become s ufficiently distinctive to support a finding of likelihood of confusion 
within the meaning of Section  4(1)(b);  
(c) the request for a declaration of invalidity is based on Section  4(1)(c) and the earlier trade 
mark has not yet acquired a reputation within t he meaning of Article 4(1)(c).  
(2b) A trade mark shall not be declared invalid based on Section  2(2)(a) to (c) if, before the 
date of request for a declaration of invalidity, following the use which has been made of it, it 
has acquired a distinctive character.  
(3) If the grounds for invalidity  exist in respect of only some of the goods or services for 
which the trade mark is registered, trade mark protection shall be limited  accordingly . 
(4) If a request for a declaration of invalidity has been rejected by a final and binding 
decision, no new proce edings  for a declaration of invalidity may  be instituted by any person 
based on the same facts in respect of the same trade mark.  
 
Revocation by reason of non -use 
 
Section 34  
 
(1) Trade mark protection shall be revoked by reason of non- use in respect of all or some of 
the goods or services for which the trade mark is registered, depending on whether non- use 
involves all or only some of the goods or services for whic h the trade mark is registered.  
(2) Revocation of trade mark protection by reason of non- use shall not be declared if, 
following the period laid down in Section  18(1) to (3) but before the filing of the request for 
revocation  by reason of non- use, genuine use of the trade mark has been started or continued. 
This provision shall not apply if the trade mark holder  commences or continues  genuine use of Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
16 
 the trade mark within a period of three months , which may have begun at the earliest on expiry 
of the continuous five -year period of non -use, preced ing the filing of the request, only after the 
holder becomes aware that a request  for revocation by reason of non -use may be filed . 
(3) If a request for revocation by reason of non -use has been rejected by a final and binding 
decision, no new proce edings  for revocation by reason of non- use shall be instituted by any 
person based on the same facts in respect of the same trade mark . 
 
Revocation due to loss of distinctive character or becoming misleading  
 
Section 35  
 
(1) Trade mark protection shall be revoked if  
(a) as a result of acts or inactivity of the holder, the sign has become the common name  in 
the trade for a product or service in respect of which it is registered; or  
(b) as a result of the use made of it by the holder of the trade mark or with the holder’s 
authorization, the trade mark has become misleading, particularly as to the nature, quality or 
geographical  origin of those goods or services . 
(2) Trade mark protection shall be revoked due to loss of distinctive character or becoming 
misleading  in respect of all or some of the goods or services for which the trade mark was 
registered, depending on whether the grounds for revocation exist in respect of all or only some 
of the goods or services for which the trade mark is registered.  
(3) If a request for revocation  due to loss of distinctive character or becoming misleading  
has been rejected by a final and binding decision, no new proce edings  for revocation shall be 
institu ted by any person based on the same facts in respect of the same trade mark . 
 
Section 35/A  [repealed]  
 
Reclaiming of licence fees  
 
Section 36  
 
If the trade mark protection terminates with retroactive effect , only the portion of the licence 
fee collected by the trade mark holder may be reclaimed that was not covered by the economic 
benefits derived from the use of t he trade mark.  
 
Chapter VI/A  
 
APPLICATION OF THE PROVISIONS OF THE CIVIL CODE  
 
Section 36/A  
 
(1) The provisions of the Civil Code shall apply to matters not regulated in this Act regarding  
(a) the passing, transfer  or encumbr ance of rights relating to a trade mark or deriving from 
trade mark protection, as well as the joint right to trade mark protection and joint trade mark 
protection;  
b)  trade mark licensing  contracts; and  
c) other personal and property relations concerning trade marks . 
(2) [repealed]  
 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
17 
 PART TWO  
 
PROCEEDINGS BEFORE THE HUNGARIAN INTELLECTUAL PROPERTY OFFICE 
IN TRADE MARK MATTERS  
 
Chapter VII  
 
GENERAL PROVISIONS GOVERNING TRADE MARK PROCEE DINGS 
 
Material c ompetence of the Hungari an Intellectual Property Office  
 
Section 37  
 
(1) The Hungarian Intellectual Property Office shall have material competence in the following 
trade mark matters:  
(a) registration of trade marks,  
(b) renewal of trade mark protection,  
(c) revocation of trade mark protection, 
(d) declaration of invalidity of trade marks,  
(e) division of trade mark protection, 
(f) keeping the records of trade mark applications and trade marks,  
(g) providing official information. 
(2) The Hungarian Intellectual Property Office shall also have competence in matters 
deriving from the application of provisions relating to the European Union trade mark system 
(Chapter X/A ) and to the international registration of tra de marks ( Chapters X/B to X/C ). 
 
Application of the general rules of administrative  authority procedures a nd of electronic 
administration  
 
Section 38  
 
(1) With the derogations and additional provisions laid down in this Act, the Hungarian 
Intellectual Property Office shall proceed in trade mark matters within its material competence 
in accordance with the provisions of Act CL of 2016 on the Code of G eneral Administrative 
Procedure  (hereinafter “the Code of General Administrative Procedure”)  and the Act on the 
general rules on e lectronic a dministration and t rust s ervices . 
(2) The Hungarian Intellectual Property Office shall, unless otherwise provided by an Act, 
proceed in trade mark matters within its comp etence upon application. 
(2a) Communications with the Hungarian Intellectual Property Office in trade mark matters 
within its material competence , with the exception of requesting information and granting such 
requests, access to files and oral hearings , shall be made in writing only, and by electronic 
means requiring electronic identification; information, however, shall not be requested and such 
requests shall not be provided by way of short text messages.  
(2b) In the absence of a provision of this Act to the contrary, in trade mark matters within 
the competence of the Hungarian Intellectual Property Of fice the request shall contain  
(a) the name and address of the natural person requesting party and, in the case of 
representation, the name and address of the representative, furthermore, in the case of 
communication by electronic means, the place and date of birth and the mother’s name of the 
natural perso n communicating in this manner;  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
18 
 (b) the name and address of the non- natural person requesting party a nd, in the case of 
representation, the name and seat of the representative, furthermore, in the case of 
communication by electronic means, their tax number; and  
in the case of communication by non -electronic means, the signature of the requesting party 
or of his representative.  
(3) Section 3, Section  5(1), Section  13(8), Section  21, Section  26, Section  37(2), Section  
46(2), Section  48(1) to (4), Section  62(1), Section  74(1), Section  75, Section  76, Section  87, 
Section  94(2), Section  97, Section  127(2) and Section  130 of the Code of General 
Administrative P rocedure shall not apply in trade mark matters . 
(4) In trade mark matters , the provisions  of the Code of G eneral Administrative Procedure  
on legal succession shall not apply , summary proce edings  shall not be admissible and 
applications may not be submitted through government windows1. 
(5) [repealed]  
 
Decisions of the Hungari an Intellectual Property Office  
 
Section 39  
 
(1) [repealed]  
(2) In invalidity  and revocation proce edings, the Hungarian Intellectual Property Office shall 
proceed at hearings and take its decisions by a panel  consisting of three members . If a hearing 
is to be  held relating to an opposition filed against the registration of a trade mark in trade mark 
registration proceedings , a three- member panel set up by the Hungarian Intellectual Property 
Office shall hold the hearing and adopt a decision. The panel shall take its decisions b y majority 
vote. 
(3) Unless their review is requested, decisions of the Hungarian Intellectual Property Office 
shall take effect upon service.  
(4) Decisions of the Hungarian Intellectual Property Office shall be served by a public notice 
if 
(a) the domicile address or seat (establishment, branch ) of the party is unknown, or  
(b) the mail is returned with the remark that the whereabouts or the address of the party is 
unknown. 
(5) The public notice shall be published in the official gazette and on the website of the 
Hungarian Intellectual Property Office on the same day. Decisions served by a public notice 
shall be considered delivered on the fifteenth day following the publication of the notice. In any 
other matters pertaining to the servic e of decisions by a public notice, the provisions of the 
Code of G eneral Administrative Procedure shall apply with the proviso that posting shall mean 
the publication of the public notice. 
(6) If the provisions of Section  44(1)  apply, all decisions shall be delivered to the 
representative.  
(7) The provisions of the Code of G eneral Administrative Procedure  related to public 
announcement of decisions shall not apply in trade mark matters.  
 
Establishing the facts of the case 
 
Section 40  
 
                                                           
1 Translator’s note: Integrated customer service offices of the Hungarian Government.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
19 
 (1) In the course of trade mark procee dings pending before it, the Hungarian Intellectual 
Property Office shall examine the facts of the case, with the exception set out in paragraph (2), 
ex officio;  its examination shall not be confined to the allegations of the parties.  
(2) In the course of trade mark registration proce edings where an opposition is filed against 
the registration of a sign  as a trade mark , as well as  in invalidity  and revocation proce edings, 
the Hungarian Intellectual Property Office shall examine the facts within the bounds of the 
request and on the basis of the allegations and statements of the parties and the data proven by 
them.  
(3) The decisions of the Hungarian Intellectual Property O ffice shall be based only on facts 
or evidence on which the parties concerned have had an opportunity to present their comments; 
however, facts or evidence not submitted by the party in due time may be left out of 
consideration.  
(3a) In proce edings listed in paragraph (2), parties shall file their submissions and 
attachments thereto in one copy with the Hungarian Intellectual Property Office if they use 
electronic means of communication, otherwise they shall file a copy for each party with 
opposing interest s in the proceedings plus one additional copy; if several parties have a common 
representative, for this person one copy shall suffice. If the party files his submission or its 
attachments in a lesser number of copies than prescribed, and this irregularity  is not rectified in 
accordance with paragraph (4), the opposition, the request for a declaration of invalidity or the 
request for revocation  shall be considered withdrawn, and the statement of the applicant or of 
the holder of the trade mark shall be cons idered not to have been submitted. 
(4) If the irregularities of a request or of its attachments submitted in trade mark matters can 
be rectified , the party shall be invited to rectify  the irregularities of the submission or to submit 
comments , and at the s ame time be warned of the legal consequences of non- compliance. If, in 
spite of the rectification or comments , the request does not meet the relevant requirements, and 
this Act does not make provision for other legal consequences, the request shall be reje cted. If 
the party does not respond to the invitation within the prescribed time limit, the request – if this 
Act does not make provision for other legal consequences – shall be considered withdrawn.  
(5) [repealed]  
 
Time limits  
 
Section 41  
 
(1) The time limits prescribed by this Act shall not be extended. Legal consequences of 
failure  to meet  such time limits shall occur  without any special notice.  
(2) If this Act does not prescribe any time limit to rectify the irregularities  or to submit 
commen ts, a time limit of at least thirty days shall be granted to the party, which may be 
extended on request submitted before the expiry of the time limit. A time limit of more than 
three months and more than three extensions of a time limit may only be grante d in particularly 
justified cases.  
(3) The administrative time limits  for the conclusion of proceedings  and the provisions on 
other time limits prescribed in  the Code of G eneral Administrative Procedure  for other 
measures of the proceeding authority shall not apply to trade mark matters.  
(4) In trade mark matters , the filing date of documents submitted by post is the date on which 
the document was delivered to the Hungarian Intellectual Property Office. Documents delivered 
after the time limit set by the Hu ngarian Intellectual Property Office shall be deemed submitted 
in due time if the documents were sent by registered mail before the expiry  of the time limit, 
unless the document was delivered later than two months after the expiry  of the time limit.  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
20 
 Request  for re -establishment of rights  
 
Section 42  
 
(1) In trade mark matters , unless excluded under paragraph (5) , a request for re -
establishment of rights may be submitted within fifteen days of the unobserved due date or of 
the last day of the missed time limit. The application must state the cause for failing to comply 
and the circumstances substantiating  that the failure did not occur through the fault  of the party.  
(2) If the failure to comply became known to the party subsequently or the cause ther eof 
ceased subsequently, the time limit shall be calculated from the date on which the failure to 
comply became known or the cause thereof ceased. The request for re -establishment of rights 
shall be admissible only within six months from the due date or the last day of the time limit 
not met . 
(3) If a time limit is not complied with, the omitted act must be carried out simultaneously  
with the submission of the request for re -establishment of rights or, if it is admissible, an 
extension of the time limit may  be requested.  
(4) If the Hungarian Intellectual Property Office grants the re-establishment of rights , the 
acts carried out by the defaulting party shall be considered to have been performed within the 
time limit not met ; a hearing held on the date unobse rved shall be , as necessary, repeated. 
Depending on the outcome of the new hearing, a decision shall be made on whether the decision 
taken at the original hearing should be upheld or should be revoked in whole or in part.  
(5) No request for re-establishmen t of rights shall be admissible : 
(a) in the event of failing to comply with the time limit prescribed for filing the declaration 
of priority [ Section  53(2)];  
(b) in the event of failing to comply with the time limit of six months fixed for claiming 
Convention or exhibition priority;  
(c) in the event of failing to comply with the time limit prescribed for filing an opposition 
[Section  61/B(1)  and Section  76/P(3)];  
(d) in the event of failing to comply with the time limit fixed for filing the request f or 
accelerated procedure [ Section  64/A(1)]. 
 
Suspension of the procee dings  
 
Section 43  
 
(1) If a court action is  instituted with respect to the entitlement to file a trade mark application 
or to the right to trade mark protection, trade mark proceedings  shall be suspended until the 
court decision becomes final and binding. If a decision on the merits of a trade mark case is 
subject to  a prior consideration of a matter falling within the competence of another authority, 
the Hungarian Intellectual Property  Office shall suspend the trade mark proceedings . 
(2) Upon the death or termination of a party, the proceedings  shall be suspended until the 
person of the legal successor is communicated and attested. If the person of the legal successor 
is not communicate d within a reasonable time according to the circumstances of the case, the 
Hungarian Intellectual Property Office shall terminate the proceedings  or shall decide on the 
basis of the material at its disposal.  
(3) The Hungarian Intellectual Property Office s hall suspend the trade mark proceedings  at 
the request of the party or ex officio, if a well -founded decision cannot be made in the case 
without a decision taken in other, closely connected proce edings  within its own competence.  
(4) The trade mark registration proceedings  cannot be suspended at the request of the party, 
except if the provisions of paragraph (1 ) or (3 ) would apply.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
21 
 (5) The suspension of the proceedings  shall interrupt all time limits, and the time limits shall 
recommen ce from the termination of the suspension. 
(6) The Hungarian Intellectual Property Office may  decide that the suspension of the 
proceedings  shall not affect the ongoing procedural acts and the time limits determined for their 
performance.  
 
Representation  
 
Section 44  
 
(1) Foreign applicants shall be obliged, unless otherwise provided for in an international 
treaty, to be represented by an authorised patent attorney or an attorney -at-law in all trade mark 
matters within the competence of the Hungarian Intelle ctual Property Office.  
(2) Authorisations shall be made in writing. For the validity of the authorisation of a patent 
attorney, an attorney -at-law, a patent attorneys’ office, a patent attorneys’ partnership or a law 
office, given either in the country or abroad, the signature by the principal  shall be sufficient. 
The power -of-attorney may also be a general authorisation, on the basis of which the 
representative can proceed in all trade mark cases within the competence of the Hungarian 
Intellectual Property  Office, to which the principal  is a party. A power -of-attorney  given to a 
law office, a patent attorneys’ office or a patent attorneys’ partnership shall be deemed to be an 
authorisation given to any person who certifies his operating within the framework of the office 
or partnership.  
(3) The Hungarian Intellectual P roperty Office shall appoint a guardian ad litem  from among 
the patent attorneys and attorneys -at-law in the trade mark proceedings  
a) for unknown heirs or for a party whose whereabouts are unknown, at the request of the 
opposing party, or  
b) for a fore ign party not having an authoris ed representative, at the request of the opposing 
party.  
(4) Paragraph (1 ) and paragraph (3) (b) shall not apply for foreigners who are natural persons 
or legal persons with domicile or seat in the territory of a Member State of the European 
Economic Area.  
(5) In the event that paragraph (3) (b) and paragraph (4)  do not apply and the foreigner has 
not complied with the requirements laid down in paragraph (1), the Hungarian Int ellectual 
Property Office shall apply in the trade mark proceedings  the provisions of Section  59(2)  to 
(4) accordingly , with the derogation that the request shall be assessed on the basis of the 
information available, if the foreign participant of the proc eedings , being the opposing party, 
did not comply with the requirements laid down in paragraph (1).  
(6) The party who requested the appointment of the guardian ad litem  shall advance the costs 
and the remuneration of the guardian ad litem . 
(7) For the purposes of the Act on the general rules on e lectronic administration and t rust 
services and of the provisions of this Act relating to electronic administration, patent attorneys, 
patent attorney offices and patent attorney companies shall qualify as legal representatives  in 
trade mark matters.  
 
Language use  
 
Section 45  
 
(1) The language of trade mark proceedings  shall be Hungarian, the trade mark application 
shall be drawn up in Hungarian.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
22 
 (2) In trade mark matters, foreign language documents may also be filed; however, the 
Hungarian Intellectual Property Office may require that a translation into Hungarian be filed. 
Submission of certified translations or legalised documents shall only be requi red if the 
accuracy of the translation or the authenticity of the facts included in the foreign document is  
questionable with good reason.  
 
Access to files  
 
Section 46  
 
(1) Any person shall have the right to inspect  the files of trade mark applications, except for 
draft decisions and all other documents used for the preparation of decisions and expert opinions 
that were not communicated to the parties as well as the documents under paragraph (2).  
(1a) Access to files  to be inspected at request shall be ensured by the Hungarian Intellectual 
Property Office subject to the personal appearance of the person requesting it.  
(2) Beyond the cases covered by the Code of G eneral Administrative Procedure, personal 
data not indicated in the trade mark register  and not communicated in official information shall 
be excluded from inspection, unless the person concerned explicitly approved the inspection 
thereof or a third party is allowed access to documents containing personal data pursuant to the 
provisions of the Code of G eneral A dministrative P rocedure.  
(3) Subject to the payment of a fee, the Hungarian Intellectual Property Office shall issue 
copies of documents that may be inspected . 
(4) Trade mark proce edings  shall be public only in cases where there is a n opposing party 
participating.  
 
Legal remedies  
 
Section 46/A  
 
(1) Appeals, administrative court actions and  supervisory procedures , and intervention or 
action by the prosecutor under the Act on prosecution service shall not be admissible with 
regard to the decisions of the Hungarian Intellectual Property Office.  
(2) Decision s of the Hungarian Intellectual Property Office in trade mark matters shall be 
reviewed by the court in non- contentious proceedings laid down in Chapter XI.  
(3) Unless otherwise provided by this Act, the Hungarian Intellectual Property Office may  
amend or withdraw its decisions concluding  the following proceedings  only  upon a request for 
review  and before such request is forwarded  to the court:  
a) registration of trade marks;  
b) renewal of trade mark protection;  
c) division of trade mark protection;  
d) termination of trade mark protection by reason of surrender;  
e) declaration of invalidity  of trade marks;  
f) declaration of revocation of trade mark protection;  
g) forwarding a request for an international trade mark application as well as a request for 
subsequent extension  of the protection resulting from an internati onal trade mark registration;  
h) final refusal of the protection of a sign extending to Hungary;  
i) refusal of the effect of a transfer or of a licence recorded in the international register with 
respect to the protection resulting from an international registration extending to Hungary;  
j) conversion of an international registration into a national trade mark application. Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
23 
 (4) Unless otherwise provided by  this Act, the Hungarian Intellectual Property Office may  
amend or withdraw its decision concluding the procee dings under paragraph (3)(e) and (f) upon 
a request for review only if it establishes that its decision is in breach of a law  or if the parties 
unanimously request the amendment or withdrawal of the decision.  
(4a) In cases with no opposing parties involved, upon a request for review,  the Hungarian 
Intellectual Property Off ice may also  withdraw or , according to the request for review,  amend 
a decision defined in Section  77(1)(b)  to (e) if the decision does not infringe the law, but the 
Hungarian Intellectual Property Office agrees with the content of the request for review . 
(4b) Decisions based on a requests for review  shall be communicated to the requesting party 
and to whom the decision subject to review was communicated.  
(4c) The same legal remedy shall apply against the amending decision as against the 
amended decision. 
(5) Paragraph (4 ) shall also apply to decisions taken in the matter referred to in paragraph 
(3)(a), provided that a notice of opposition was filed against the trade mark application and the 
Hungarian Intellectual Property Office did not refuse the trade mark application for any ground 
laid down in Section s 2 to 3. 
 
Enforcement  
 
Section 46/B  
 
(1) The provisions of the Code of G eneral Administrative Procedure relating to enforcement 
shall apply to order s of the Hungarian Intellectual Property Office imposing a procedural fine.  
(2) Decisions of the Hungarian Intellectual Property Office on the bearing of costs shall be 
enforced by applying the provisions of Act LIII o f 1994 on J udicial E nforcement. 
 
Costs and fees  
 
Section 46/C  
 
(1) In trade mark matters n o cost exemption shall be available.  
(2) Beyond the obligations to pay fees laid down by this Act, fees for administrative services 
shall be paid in trade mark matters, the amount of which is defined in  the law on fees for 
administrative serv ices in industrial property procedures  and which shall be paid according to 
the detailed rules laid down by the law on fees for administrative services in industrial property 
procedures  for the following requests as well:  
(a) requests for review , extension of time limits and requests  for re-establishment of rights ; 
(b) requests for the record al of legal succession and licen ces, requests for establishing a lien.  
(3) In justified cases, the Hungarian Intellectual Property Office may reduce the amou nt of 
the fee of the professional representative if it is not commensurate with the actual representation 
performed. In this case, the Hungarian Intellectual Property Office shall proceed by applying  
the provisions on the fees and expenses of attorneys -at-law and patent attorneys applicable in 
court proceedings accordingly . 
 
Electronic administration and official services  
 
Section 46/D  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
24 
 (1) In trade mark matters , the Hungarian Intellectual Property Office shall provide electronic 
administration services in accordance with the provisions of the Act on the general rules on 
electronic administration and trust services  and of this Act. 
(2) In trade mark matters the ec onomic operator and the legal representative of the  party 
shall not be required to have their affairs administered electronically . 
 
Chapter VIII  
 
TRADE MARK REGISTER, PROVIDING OFFICIAL INFORMATION  
 
Trade m ark r egister  
 
Section 47  
 
(1) The Hungarian Intellectual Property Office shall keep a register of trade mark 
applications and trade marks in which all facts and circumstances concerning trade mark rights 
shall be recorded  in accordance with Section  48. 
(2) The trade mark register  shall contain, in particular, the following entries: 
(a) registration number of the trade mark;  
(b) reference number of the application;  
(c) representation of the trade mark;  
(d) list of goods or services;  
(e) name (official designation ) and address (sea t) of the holder of the trade mark;  
(f) name and seat of the representative;  
(g) filing date of the application; 
(h) priority  data;  
(i) date of the decision on the registration of the trade mark;  
(j) renewal of trade mark protection;  
(k) the termination of  trade mark protection, the date and the grounds for termination of trade 
mark protection and the limitation of trade mark protection ; 
(l) licen ces; 
(m) the fact that the right to trade mark protection or the rights conferred by trade mark 
protection belon g to assets under fiduciary asset management ; 
(n) hypothecation of the trade mark, as well as levy of execution or seizure, and  
(o) the starting date specified pursuant to Section  18(1) to (3) of the five -year period referred 
to in Section  18(1) . 
(3) The trade mark register  shall authentically attest the existence of the rights and facts 
recorded therein. Until the contrary is proven, the rights and facts recorded in the trade mark 
register  shall be presumed to be existent. The burden of proof against the data recorded in the 
trade mark register  shall be on the person who contests their correctness or authenticity.  
(4) Any r ight relating to trade mark protection may only be invoked against a third part y 
who acquired his right in good faith and for consideration if it is recorded in the trade mark 
register . 
(5) The trade mark register  shall be open to public  inspection, the Hungarian Intellectual 
Property Office shall provide electronic access thereto on its website. Certified copies of the 
data recorded in the trade mark register  shall be issued against a fee.  
 
Making ent ries in the trade m ark r egister  
 
Section 48  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
25 
  
(1) The Hungarian Intellectual Property Office shall make entries and record facts occurred 
in trade mark proce edings in the trade mark register  on the basis of its own decisions or by 
decisions of other authorities or the court. With respect to the entries made on the basis of the 
decisions listed in Section  77 (1), the trade mark register  shall also contain the date when such 
decisions have become final and binding. For requests for review  filed against any decision 
listed in Section  77 (1), this fact and t hat the decision is not final and binding, shall also be 
recorded.  
(2) The Hungarian Intellectual Property Office shall decide on the acknowledgement and 
recording of rights and facts relating to trade mark protection, except for facts occurred in trade 
mark proce edings, on the basis of a  request submitted  in writing; notifications of changes in the 
data of the party received from other authorities shall not qualify as requests  submitted in 
writing. An official document or a private document providing sufficient evidence shall be 
attached to such request . If requests  are submitted  to the same case and their fulfilment would 
exclude each other, the requests  shall be dealt with in  the order of their date of receipt.  
(3) A request  shall be inadmissible if it is based on a document which is invalid due to formal 
irregularities or which lacks an authority approval required by law, or if it is clear from the 
contents of the document that the juridical act  included therein is invalid.  
(3a) Requests  for recording legal succession shall be inadmissible if the right to trade mark 
protection or the rights conferred by trade mark protection have been transferred under a 
fiduciary asset manage ment contract, which has not been concluded with a fiduciary asset 
management company, and the certificate of registration provided for by the Act on trustees  
and their activities has not been attached to the request.  
(4) [repealed]  
 
Providing official information  
 
Section 49  
 
The official gazette of the Hungarian Intellectual Property Office shall contain, in particular, 
the following data and facts relating to trade mark applications and trade marks: 
(a) on publication of the trade mark application, the name and address (seat ) of the applicant 
and the representative, the reference number of the application, the filing date and the date of 
priority if the latter is different, the sign and the list of goods or services;  
(b) after registration of the tra de mark, the registration number, the name and address 
(seat ) of the holder, name and address (seat ) of the representative, the reference number, the 
filing date and the date of priority if the latter is different, the trade mark, the list of goods or 
services and the date of the decision on registration;  
(c) in the case of renewal or division of trade mark protection, the relevant data thereof;  
(d)  termination of trade mark protection, the legal grounds and the date thereof;  
(e) changes in rights relating  to the trade mark protection recorded in the trade mark register . 
 
Section 49/A  
 
The official gazette of the Hungarian Intellectual Property Office shall also publish the 
official information on international trade mark applications provi ded for in Chapters in 
Chapters X/B to X/C . 
 
 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
26 
 Chapter IX  
 
TRADE MARK REGISTRATION PROCEDURE 
 
Filing of a trade mark application and its requ irements  
 
Section 50  
 
(1) Proceedings  for the registration of a trade mark shall commence upon the filing of a trade 
mark application with the Hungarian Intellectual Property Office.  
(2) A trade mark application shall contain a request for trade mark registration, the sign, the 
list of goods or services and, where necessary, other relevant documents.  
(3) By way of derogation from Section  38(2b), trade mark applications shall contain the 
name and address or seat of the applicant, in the case of representation the name and address or 
seat of the representative, furthermore, in the case of communication by non- electron ic means, 
the signature of the applicant or of his representative . 
(3a) If the applicant or his representative has an obligation to communicate by electronic 
means with the Hungarian Intellectual Property Office in trade mark matters within the 
competence of the Hungarian Intellectual Property Office or if he wishes to do so, the trade 
mark application shall contain, in addition to the data specified in paragraph (3)  
(a) the place, date of birth and mother’s name of the natural person applicant or 
represent ative,  
(b) the tax number of the non- natural person requesting party or representative.  
(3b) In all other respects, trade mark applications shall be filed in compliance with the 
detailed requirements laid down in laws on the detailed formal requirements of trade mark 
applications and on the electronic filing of industrial property applications. 
(4) A trade mark application shall be subject to the payment of a filing fee determined by the 
law on fees for administrative services in industrial property proce dures ; the fee shall be paid 
within one  month after the date of filing.  
(5) If the list of goods or services in the trade mark application have been drafted in a foreign 
language, the list of goods or services drafted in Hungarian shall be filed within two  months 
after the date of filing.  
(6) The applicant may  withdraw the trade mark application until its registration in 
compliance with  the provisions of Section  32. 
 
Section 50/A  [repealed]  
 
Date of filing  
 
Section 51  
 
(1) The filing date of an application shall be the date on which the application received by 
the Hungarian Intellectual Property Office contains at least  the following : 
(a) an indication that trade mark protection is sought, 
(b) the name of the applicant, his address or seat or secure delivery service address, in the 
case of representation the name of the representative, his address or seat or secure delivery 
service address or any other data making it possible to contact the applicant , 
(c) a reproduction of the sign that meets the requirements laid down in Section  1(1)(b), and  
(d) the list of goods or services referred to in Section  52(2), irrespective of whether the list 
meets the other requirements . Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
27 
 (2) In place of filing a representation of the sign and a li st of goods or services, reference to 
a priority document shall also suffice for according the date of filing.  
 
Unity of the sign, list of goods or services  
 
Section 52  
 
(1) A single trade mark application may seek trade mark protection for one sign only.  
(2) The list of goods or services is the enumeration of goods and services with respect to 
which trade mark protection for the sign is sought.  
(3) In trade mark applications the goods and services shall be classified in conformity with 
the system of classi fication established by the Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes of the Registration of Marks (hereinafter 
“the Nice Classification”) . 
(4) In trade mark applications the goods and services shall be identified with sufficient clarity 
and precision in order to enable the authorities  and the economic operators, on that sole basis, 
to determine the extent of the protection  sought.  
 (5) The g eneral indications included in the class  headings of the Nice Classification or other 
general terms may only be used if they comply with the requisite standards of clarity and 
precision set out in paragraph (4).  
 (6) The general terms, including the genera l indications of the class headings of  the Nice 
Classification, shall be interpreted as including the goods or services that are clearly  covered 
by the literal meaning of the indication or term.  
 (7) Goods and services shall not be regarded as being simila r to each other or dissimilar 
from each other merely on the  ground that they appear in the same class or in different classes, 
respectively, under the Nice Classification . 
 
Priority  
 
Section 53  
 
(1) The date establishing priority shall be  
(a) in general,  the date of filing of the trade mark 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 defi ned in the communication of the President of the Hungarian Intellectual 
Property Office published in the official gazette Magyar Közlöny , the first day of displaying 
the sign at an exhibition, which is not earlier than six months prior to the date of filin g of the 
application (exhibition priority) , 
(d) the date of filing of a previously filed and pending design application of the applicant for 
the same sign, which is not earlier than six months prior to the current application, provided 
that there has been no other priority claimed in relation thereto (internal priority).  
(2) Convention priority, exhibition priority 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. 
(3) Convention priority may also be claimed, under the conditions defined by the Paris 
Convention, if the foreign application has been filed in a  Member of the World Trade 
Organization which is not party to the Paris Convention or, subject to reciprocity, in any other Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
28 
 State. In the matter of reciprocity, the opinion of the President of the Hungarian Intellectual 
Property Office shall be decisive.  
 
Certification of exhibition  
 
Section 54  
 
(1) The authority responsible for  the exhibition shall attest the display and date of exhibition 
by means of a certificate of exhibition.  
(2) The certificate must be accompanied by the sign whose identity with the sign displayed 
at the exhibition is to be attested.  
(3) The certificate may only be issued during the term of the exhibition and only while the 
sign can be seen at the exhibition.  
 
Examination on filing  
 
Section 55  
 
Following the filing of a trade mark application, the Hungarian Intellectual Property Office 
shall examine whether  
(a) the application satisfies  the requirements for according a date of filing ( Section  51), 
(b) the filing fee has been paid [ Section  50(4)],  
(c) the list of goods or services has been submitted in Hungarian language [ Section  50(5)].  
 
Section 56  
 
(1) If a date of filing cannot be accorded, the applicant shall be invited to re ctify the 
irregularities  within thirty days.  
(2) If the applicant complies with that notice within the sp ecified time limit, the date of 
receipt of the re ctification  shall be accorded as the date of filing. Failing to comply with the 
said notice, the trade mark application shall be considered withdrawn.  
(3) The applicant shall be notified of the accorded date  of filing.  
(4) If the filing fee has not been paid or the list of goods or services has not been filed in 
Hungarian language, the Hungarian Intellectual Property Office shall call upon the applicant to 
rectify the irregularities  within the time limit sp ecified by this Act [ Section  50(4) and (5)]. 
Failing to comply with the said notice, the application shall be considered withdrawn. 
 
Communic ation of data  
 
Section 57  [repealed]  
 
Observations  
 
Section 58  
 
(1) During the proceedings  for the registration of a trade mark any person may file an 
observation with the Hungarian Intellectual Property Office to the effect that the sign may not 
be granted trade mark protection for any of the grounds referred to in Section s 2 to 3. 
(2) Such observation shall be taken into consideration when the condition objected to in the 
observation is examined, except when the observation is filed at a time when its examination Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
29 
 would unduly delay the decision- making. Following the publication of the t rade mark 
application ( Section  61/A ) the Hungarian Intellectual Property Office shall, on the basis of an 
observation only, extend the examination on the merits of the case, to ascertain whether the sign 
is not excluded from trade mark protection for any c onditions referred to in Section s 2 to 3 as 
indicated in the observation. The examination of facts shall be carried out within the confines 
of the observation and on the basis of the statements of the person making the observation and 
data justified by him.  
(3) The applicant shall be notified of the observation, unless the Hungarian Intellectual 
Property Office ignores the observation in accordance with the first sentence of paragraph (2).  
(4) The person filing the observation shall not be party to the proc eedings  for the registration 
of a trade mark. This person shall be notified of the outcome of his observation. 
 
Examin ation as to formal requirements  
 
Section 59  
 
(1) If a trade mark application satisfies the requirements examined pursuant to Section  55, 
the Hungarian Intellectual Property Office shall examine whether it meets the formal 
requirements of Section  50(2) to (3b), and whether the requirements for unity of the sign and 
for specification of the list of goods or services pursuant to Section  52 are complied with . 
(2) If the application does not meet  the requirements examined pursuant to paragraph (1), 
the applicant shall be called upon to re ctify the irregularities  or to divide the application. 
(3) The trade mark application shall be refused if, in spite of rectification or comments , it 
still does not comply with the requirements under examination. An application may be refused 
only for grounds precisely and expressly stated in the notice.  
(4) If the applicant does not reply to the notice with in the fixed time limit or does not divide 
the application, the trade mark application shall be considered withdrawn.  
(5) In the course of the examination of the trade mark application as to formal requirements, 
the provisions of Section  61(6)  to (7 ) shall  apply accordingly . 
 
Search for earlier rights  
 
Section 60  
 
(1) If a trade mark application meets the requirements examined under Section  59, the 
Hungarian Intellectual Property Office shall carry out a search for earlier rights referred to in 
Section  4 and shall draw up a search report on the basis of the sign, with due regard to the list 
of goods or services.  
(2) The search report shall indicate the data to be taken into consideration for deciding 
whether the sign to which the trade mark application relates is registrable.  
(3) The Hungarian Intellectual Property Office shall send the search report to the applicant.  
 
Notification of the holder of an earlier right indicated in the search report  
 
Section 60/A  
 
(1) The applicant, the holder and the licensee recorded in the trade mark register  may request 
the Hungarian Intellectual Property Office to notify him, by sending him a copy of the search 
report, of the later trade mark application in the search report of whi ch his earlier right was 
indicated.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
30 
 (2) The request may be filed for a period defined in calendar months, for a maximum of one 
year and starting either on the first day of the calendar year or of the half -year; the request shall 
be subject to the payment of a fee determined by the law on fees for administrative services in 
industrial property procedures . The Hungarian Intellectual Property Office shall only fulfil the 
request after the payment of the fee is completed.  
(3) In case of failure to send the noti fication, the Hungarian Intellectual Property Office 
shall, on request, refund the whole or , proportional to the failure, the part of the fee paid under 
paragraph (2). The failure to send the notification shall not incur any other legal consequences, 
it shall not affect the application of the provisions concerning, in particular, opposition and 
acquiescence.  
 
Substantive examination e x officio  
 
Section 61  
 
(1) If a trade mark application meets the requirements laid down in Section  59, the Hungarian 
Intellectual Property Office shall carry out a substantive examination of the trade mark 
application. 
(2) The substantive examination shall extend to  
(a) whether the sign meets the requirements of Section  1 and whether it is not excluded from 
trade mark protection under Section s 2 to 3;  
(b) whether the application complies with the requirements laid down by this Act.  
(3) If a trade mark application does not meet the requirements examined under paragraph 
(2), the applicant shall be called upon, according to the nature of the objection, to re ctify the 
irregularities  or to submit comments . 
(4) A trade mark application shall be refused in whole or in part if it does not meet the 
examined requirements even after the rectification of the irregularitie s or the submitting of 
comments . An application may be refused  only on grounds that have been precisely and 
expressly stated and duly reasone d in the notice; if necessary, a further notice shall be issued.  
(5) If the applicant fails to reply to the notice within the fixed time limit, the trade mark 
application  shall be considered withdrawn.  
(6) Simultaneously with the forwarding to the court of  the request for reviewing  the decision 
on the partial refusal  of the tra de mark application [ Section  77(9) and (10)], the registration 
proceedings  shall be suspended with respect to the remaining part of the list of goods or services 
until the final and binding termination of the court proceedings.  
(7) On the basis of substantive examination carried out ex officio , the registration 
proceedings  shall be continued with respect to the remaining part of the list of goods or services 
after the decision on the partial refusal  of the trade mark application has become final and 
binding.  
 
Publicatio n of the trade mark application  
 
Section 61/A  
 
(1) If a trade mark application satisfies  the requirements laid down in Section  59, the 
Hungarian Intellectual Property Office shall publish at least fifteen days  after the search report 
has been sent to the applicant [ Section  60(3)].  
(2) Publication shall be made by publishing official information to the public in the official 
gazette of the Hungarian Intellectual Property Of fice as laid down in Section  49(a) . 
(3) The applicant shall be notified of the publication. Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
31 
 (4) After publication, if the application is withdrawn or considered withdrawn, refused , 
amended or divided, offici al information shall be published in the official gazette of the 
Hungaria n Intellectual Property Office.  
 
Substantive e xamination upon a n otice of  opposition  
 
Section 61/B  
 
(1) Within a period of three months following the date of publication of a trade mark 
application, a notice of opposition to registration of the trade mark may be filed on the grounds 
of Section s 4 to 6, 
(a) by the holder of the earlier trade mark and the licensee recorded in the trade mark register  
thereof;  
(b) by the holder of the right referred to in Section  5(1)(a) to (b), furthermore, in the case of 
an industrial property right by the licensee authorised by a licensing contract, or in the case of 
copyright by the person acquiring the right of use on the basis of a licensing contract ; 
c) by the prior user on the basis of Section  5(2)(a), furthermore, by the person authorised to 
exercise the rights arising from the protection of designation of origin  or appellation of origin  
or geographical indication on the basis of Section  5(2)(b);  
(d) on the basis of Sectio n 6, by the trade mark holder without whose authorisation the 
representative or the agent has applied, in his own name, for the registration of a sign.  
(2) [repealed]  
(3) The notice of opposition shall indicate the grounds on which it is based (grounds for  
opposition)  and documentary evidence shall be attached.  
(4) An opposition fee determined by the law on fees for administrative services in industrial 
property procedures  shall be paid within one month from the date of filing of the notice of 
opposition.  
(5) If the notice of opposition does not comply with the requirements laid down in 
paragraphs (1)  to (3), the opponent shall be called upon to re ctify the irregularities ; if the 
opposition fee has not been paid, he shall be called upon to make payment withi n the time limit 
prescribed by this Act. Failing to comply with these requirements, the notice of opposition shall 
be considered withdrawn. 
 
Section 61/C  
 
The opponent shall be a party to the proceedings  for the registration of a trade mark in the 
subject matter of the notice of opposition. 
 
Section 61/D  
 
(1) In opposition proceedings, the parties shall be granted, at their joint request, a minimum 
of two but a maximum of four months in order to allow for the possibility of a friendly 
settlement. Proceedings shall be suspended during that period. 
(1a) The Hungarian Intellectual Property Office shall invite the applicant to submit 
comments on the opposition; then, except for the case referred to in paragraph (2), it shall decide 
on the registration of the trade mark following the written preparatory work. The order 
concluding the proceedings and the decision approving the friendly settlement may be taken 
without a hearing.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
32 
 (2) Following the written preparatory work, the Hungarian Intellectual Propert y Office shall 
hold a hearing if the applicant and the opponent must be heard together in order to clarify the 
facts or if the parties unanimously and in due time so request . 
(3) If the applicant fails to submit comments within the fixed time limit or to a ppear at the 
hearing, the Hungarian Intellectual Property Office shall decide on the notice of opposition on 
the basis of the evidence at its disposal.  
(4) The orders made  in the course of a hearing and the decision shall be announc ed on the 
day of the hea ring; however, the announc ement may be deferred only in respect of the decision, 
for eight days at most, and only in the event that this is strictly necessary because of the 
complexity of the case. In such event the time limit for announc ement shall be fixed 
immediately and the decision shall also be drawn up in writing by the day of announc ement.  
(5) The announc ement of the decision shall mean the presentation of the operative part and 
the statement of reasons . 
(6) Except if the Hungarian  Intellectual Property Office deferred its announc ement, the 
decision shall be drawn up in writing within fifteen days at most from the day it was made, and 
it shall be delivered within fifteen days from being drawn up in writing.  
(7) The opposition shall be considered withdrawn if the opponent  
a) fails to reply to the invitation within the fixed time limit, or  
b) fails to appear at the hearing and has not requested in advance that the hearing be held in 
his absence either.  
(8) Following the expiry of the t ime limit prescribed for filing a notice of opposition [ Section  
61/B (1)] no grounds may be indicated as grounds for opposition which have not been indicated 
as such within the time limit referred to. When taking its substantive  decision concluding  the 
proceedings , the Hungarian Intellectual Property Office shall not take into consideration the 
grounds thus specified.  
 
Section 61/E  
 
(1) If the opposition is based on conflict with an earlier trade mark, at the request of the 
applicant filed in due time, the Hungarian Intellectual Property Office, provided that at the filing 
date or date of priority of the later trade mark the five- year per iod within which the earlier trade 
mark must have been put to genuine use as provided for in Section  18(1) to (3) had expired, 
shall invite the opponent to furnish proof that  
   (a) he put his own trade mark to genuine use, as provided for in Section  18, during the five -
year period preceding the filing date or date of priority of the later trade mark application, or  
   (b) non- use can be properly justified . 
(2) A trade mark application shall not be rejected on the basis of an opposition in respect of 
which the furnishing of proof regulated under paragraph (1) was unsuccessful. If the holder  of 
the earlier trade mark used the trade mark pursuant to paragraph (1) in relation to only part of 
the goods or services for which it is registered, it shall, for the purpose of the consideration of 
the opposition, be deemed to be registered only in respect of that part of the goods or services . 
(2a) A trade mark application shall not be rejected on the basis of an opposition based on 
such earlier trade mark the pro tection of which no longer exists at the date of filing the trade 
mark application.  
(3) If the opponent does not reply to the invitation referred to in paragraph (1), the notice of 
opposition shall be considered withdrawn.  
 
Section 61/F  
 
Settlement is admissible in the subject matter of the opposition. Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
33 
  
Section 61/G  
 
(1) If more than one notice of opposition was submitted in respect of the same trade mark 
application, these shall be dealt with in the same proceedings . 
(2) If there is more than one notic e of opposition in respect of the same trade mark 
application, the proceedings  may be suspended with respect to certain oppositions. Review  of 
the order  suspending the proceedings  in such case [ Section  77(1)] cannot be requested from the 
court separately, it may only be challenged in the request for the review  of a decision on the 
registration of the trade mark. The order  suspending the proceedings  in such case shall, if 
necessary, specify the costs of the opponent arising until the suspension of the proceedings . 
(3) If, in the course of trade mark registration proceedings , a decision refusing the 
application becomes final and binding, the opposition in respect of which the proceedings  has 
been suspended shall be considered withdrawn. Otherwise the proceedings  shall be continued 
on the basis of the opposition in respect of which the proceedings  has previously been 
suspended.  
 
Section 61/H  
 
(1) In the case of opposition, the trade mark application shall also be examined to ascertain, 
with due regard to the grounds of the opposition, whether the sign is not excluded from trade 
mark protection under Section s 4 to 7. 
(2) A trade mark application sha ll be refused  in whole or in part if it does not meet the 
requirements examined under paragraph (1).  
(3) The losing party shall be required to bear the costs arising in connection with the 
opposition; the opponent shall not qualify as a los ing party if under Section  61/G (3) the 
opposition shall be considered withdrawn.  
(4) Upon request, the Hungarian Intellectual Property Office shall refund the opposition fee 
[Section  61/B (4)] to the extent and on conditions laid down by the law on fees for administrative 
services in industrial property procedures  
(a) if the trade mark application is refused  under Section  61(4);  
(b) if the trade mark application is considered withdrawn under Section  61(5); 
(c) if the applicant withdraws the trade mar k application [ Section  50(6)];  
(d) if the opposition is consider ed withdrawn under Section  61/G (3). 
 
Amendment and division of the application  
 
Section 62  
 
(1) A trade mark application may not be amended in respect of  
(a) the sign,  
(b) the list of goods or services in a way extending beyond that contained in the application 
on the date of filing.  
(2) Before the day on which the decision on the registration of the trade mark is adopted, the 
applicant shall be entitled to amend the list of  goods or services as laid down in paragraph (1)  b). 
 
Section 63  
 
(1) The applicant may divide the application before the day on which the decision on the 
registration of the trade mark is adopted,  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
34 
 (a) prior to the official invitation to this effect [ Secti on 59 (2)], if he claimed protection for 
more than one sign in one application; or  
(b) if, by dividing the list of goods or services, he claims protection for specified goods or 
services separately.  
(2) Division shall be subject to the payment of a fee determined by the law on fees for 
administrative services in industrial property procedures  and be paid 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 Intellectual 
Property Office shall call upon the applicant to re ctify the irregularities  within the time limit in 
paragraph (2). Failing to comply with the said notice, the request for division shall be 
considered withdr awn.  
(4) The request for division shall be rejected if a  notice of  opposition to the registration of a 
trade mark is filed and the division of the application separates the part of the list of goods or 
services against which the notice of opposition has be en directed.  
 
Registration of the trade mark  
 
Section 64  
 
(1) The Hungarian Intellectual Property Office shall register the sign as a trade mark if the 
sign and the trade mark application relating to it meet all the requirements  of the examination 
[Section  61(2)  and Section  61/H (1)]. The date of the substantive  decision on registration shall 
be the date of registration of the trade mark.  
(2) The registration of the trade mark shall be recorded in the trade mark register  (Section  
47), and official information thereof shall  be published in the official gazette of the Hungarian 
Intellectual Property Office [ Section  49(b) ]. 
(3) After registration, the Hungarian Intellectual Property Office shall issue a trade mark 
certificate. The extract from the register shall  be annexed to the certificate.  
 
Accelerated procedure  
 
Section 64/A  
 
(1) At the request of the applicant, the Hungarian Intellectual Property Office shall apply the 
accelerated trade mark registration proceedings . The request may be filed within one month  
from the date of filing of the application.  
(2) A fee determined by the law on fees for administrative services in industrial property 
procedures  shall be paid for the request for accelerated procedure within one month from the 
filing of the request.  
(3) [repealed]  
(4) If the fee for the request has not been paid, the applicant shall be invited to make payment 
within the time limit specified in the Act. Failing that, the request shall be considered 
withdrawn.  
(5) If the request complies with the requirements laid down in paragraphs (1)  and (2), the 
Hungarian Intellectual Property Office shall order the accelerated procedure. 
(6) By way of derogation from the provisions of Chapters VII and IX, i n the case of 
accelerated procedure  
(a) a time limit of fifteen days may also be set for rectification the irregularities  or submi tting 
comments; Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
35 
 (b) the trade mark application may also be published prior to the expiry  of fifteen days  
[Section  61/A (1)] from sending the search repo rt to the applicant [ Section  60(3)];  
(c) the Hungarian Intellectual Property Office shall only hold an oral hearing with respect to 
the notice of opposition if the clarification of the facts  requires that the parties be heard together 
or if the parties so request unanimously in due time; 
(d) the filing fee shall be paid within the time limit laid down in paragraph (2).  
(7) At the specific request of the applicant in the request for accelerated procedure, the 
Hungarian Intellectual Property Office shall register the s ign as a trade mark simultaneously 
with the publication of the trade mark application ( particularly accelerated  procedure), with the 
proviso that the provisions of Section  64(3) shall only apply after the expiry of the time limit 
prescribed for filing a no tice of opposition [ Section  61/B (1)]. A request for particularly 
accelerated procedure  may only be filed within the time limit laid down in paragraph (1 ) for the 
filing of a request for accelerated procedure; the fee for the particularly accelerated procedure  
requested for is one and a half times higher than that for the accelerated procedure.  
(8) In the event a notice of opposition to the registration of the sign as a trade mark is filed, 
the substantive  decision ordering the registration of the trade mark under paragraph (7)  shall be 
withdrawn and the registration proceedings  shall be continued. Withdrawal of the substantive  
decision ordering the registration of the trade mark under paragraph (7)  shall be recorded in the 
trade mark register , and offi cial information shall be published in the official gazette of the 
Hungarian Intellectual Property Office.  
 
Chapter X  
 
OTHER P ROCEDURES IN TRADE MARK MATTERS  
 
Renewal procedure 
 
Section 65  
 
(1) A request for renewal of trade mark protection [ Section  11(2)] may be filed with the 
Hungarian Intellectual Property Office by the trade mark holder, as well as by persons 
authorised thereto by law or contract. 
(2) For the renewal of trade mark protection, a fee shall be paid as specified in the law on 
fees fo r administrative services in industrial property procedures. Payment of the renewal fee 
in itself shall not be considered as a request for renewal.  
(3) The Hungarian Intellectual Property Office shall notify the holder of the trade mark of 
the possibility of renewal at least six months before the expiry of the protection. The Hungarian 
Intellectual Property Office shall not be liable for the omission of such notification and the 
omission shall not affect the expiry of trade mark protection. 
(4) The request for renewal shall be filed within a period of six months before the date of 
expiry of the protection with the simultaneous payment of the renewal fee. In case of failure to 
do so, the request may be filed – with the simultaneous payment of the renewal fee increased 
by an additional fee – within six months from the expiry of the protection. 
(5) If the date of registration of the trade mark is subsequent to the expiry of trade mark 
protection, the request for renewal – with the simultaneous payment of the renewal fee – may 
also be filed within six months following registration.  
(6) The request for renewal shall indicate the registration number of the trade mark in 
question; otherwise the provisions concerning the requirements of trade mark applications 
[Section  50(2) to (3b)] shall apply accordin gly to the request and its attachments.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
36 
 (7) On renewal of trade mark protection, the sign may not be altered, nor may the list of 
goods or services be extended. 
 
Section 65/A  [repealed]  
 
Section 66  
 
(1) If the request for renewal does not comply with the requirements laid down in Section  
65, including payment of the renewal fee, the requesting party shall be invited to rectify the 
irregularities or to submit comments . If the renewal fee has been paid in p art only, the 
Hungarian Intellectual Property Office shall invite the requesting party to indicate in a statement 
which part of the list of goods or services are to be covered by the renewal.  
(2) The request for renewal shall be rejected if, despite the r ectification  of the irregularities 
or the comments , it does not comply with the requirements stated in the invitation . If the 
requesting party fails to reply to the invitation within the specified time limit, the request for 
renewal  shall be considered withdrawn.  
(3) [repealed]  
 
Section 67  
 
(1) If the request meets the requirements laid down in Section  65, the Hungarian Intellectual 
Property Office shall renew the trade mark protection. If in the request for renewal the renewal 
of trade mark protection is requested only for part of its list of goods or services, the Hungarian 
Intellectual Property Office shall renew the trade mark protection only in respect of that part of 
the list of goods or services. The renewal of trade mark prote ction shall be effective from the 
day following the date of expiry of trade mark protection; in the case of renewal after the date 
of expiry, it shall be retroactively effective from that date . 
(2) The renewal of the trade mark protection shall be recorded in the t rade mark register, and 
official information shall be published in the official gazette  of the Hungarian Intellectual 
Property Office.  
(3) [repealed]  
 
Procedure for division  
 
Section 68  
 
(1) The trade mark holder may divide the trade mark protection in respect of specified goods 
or services  by separating the list of goods or services . 
(2) A request for division of trade mark protection and the necessary documents shall be 
filed in as many co pies, prepared in conformity with each other, as the number of the parts into 
which the original list of goods or services is to be divided. 
(3) The request for division shall indicate the registration number of the original trade mark; 
in other respects, the provisions concerning the requisites of trade mark applications [ Section  
50(2) to (3b)]  shall apply accordingly  to the request and to its documents. 
(4) A fee determined by the law on fees for administrative services in industrial property 
procedures  shall be paid for the request for division within two months from the filing of the 
request.  
 
 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
37 
 Section 69  
 
(1) If the request for division does not comply with the requirements laid down in Section  
68 (1 ) to (3), the holder shall be invited to rectify the irregularities . 
(2) The request for division shall be rejected if, despite the r ctification  of the irregularities 
or the comments , it still does not comply with the requirements stated in the invitation . If the 
holder fails to 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 Intellectual 
Property Office shall invite the holder to rectify the irregularit y within the time limit specified 
in the Act. Fa iling that , the request for division shall be considered withdrawn. 
 
Section 70  
 
(1) If the request complies with the requirements laid down in Section  68, the Hungarian 
Intellectual Property Office shall divide the trade mark protection.  
(2) The division of the trade mark protection shall be recorded in the t rade mark register , and 
official information shall be published in the official gazette  of the Hungarian Intellectual 
Property Office.  
(3) After division, the Hungarian Intellectual Property Office shall issue a trade mark 
certificate for each trade mark. An extract from the register shall be annexed to the certificate.  
 
Termination due to expiry  and surrender  
 
Section 71  
 
(1) [repealed]  
(2) If the holder surrenders trade mark protection ( Section  32), the Hungarian Intellectual 
Property Office shall declare the termination of protection by a n order . 
(3) The termination due to expiry  of trade mark protection without renewal [ Section  
30(1)(a)] and due to surrender shall be recorded in the t rade mark register and official 
information shall be published in the official gazette of the Hungarian Intellectual Property 
Office.  
 
Invalidity proce edings  
 
Section 72  
 
(1) Any person may institute proceedings for a declaration of invalidity  of a trade mark against 
the holder pursuant to Section  33, with the exception laid down in paragraph (2).  
(2) Based on Section s 4 to 6, declaration of invalidity  of a trade mark may only be requested 
by the holder of an earlier conflicting right  or rights . 
(3) The request shall indicate the data specified in Section  38(2b), the grounds on which it 
is based, and documentary evidence shall be attached. The request  for a declaration of invalidity 
– if it is not aimed at a declaration of invalidity of the trade mark as a whole – may also be 
directed at part of the list of goods or services of the trade mark.  
(4) A fee determined by the law on fees for administrative services in industrial property 
procedures  shall be paid for the request for a declaration of invalidity  within one month from 
the filing thereof.  
(5) If the request for a declaration of invalidity  does not comply with the requirements laid 
down in the  Act, the requesting party shall be invited to rectify the irregularities ; if the fee for Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
38 
 the request has not been paid, the requesting party shall be invited to make payment within the 
time limit specified in the Act. Failing that , the request for a declaration of invalidity  shall be 
considered withdrawn.  
 
Section 73  
 
(1) The Hungarian Intellectual Property Office shall invite the holder to submit comments 
on the request for a declaration of invalidity; following the written preparatory work, it shall 
decide at a hearing on the declaration of invalidity of the trade mark, the limitation of trade 
mark protection or the rejection of the request. If the holder of the trade mark does not respond 
to the invitation of the Hungarian Intellectual Property Office within the fixed time limit, the 
Hungarian Intellectual Property Office shall decide on the request based on the information 
available to it, and without a hearing. The order c oncluding the proceedings or the decision 
approving the friendly settlement may also be taken without a hearing. Following the expiry  of 
the time limit fixed by the Hungarian Intellectual Property Office for the requesting party, no 
grounds may be indicate d as grounds for invalidity, which have not been stated as such within 
the time limit referred to. When the decision concluding the proceedings is taken, grounds so 
indicated shall not be taken into consideration.  
(2) If the request for a declaration of in validity is based on conflict with an earlier trade mark 
of the requesting party, at the request of the holder of the later trade mark filed in due time, the 
Hungarian Intellectual Property Office, provided that at the filing date of the request for a 
declaration of invalidity the five -year period following the registration of the earlier trade mark 
has expired, shall invite the requesting party to furnish proof that  
(a) during the five -year period preceding the filing of the request for a declaration of 
invalidity he put his own trade mark to genuine use as provided in Section  18 in connection 
with the goods or services in respect of which it is registered, or  
(b) non- use can be properly justified.  
(2a) If the five -year period for commencing genuine use of the earlier trade mark prescribed 
in Section  18(1) to (3) has already expired on the date of filing of the later trade mark, or in the 
case of claiming priority on the date of priority of the later trade mark, the requesting party 
shall, in addition to those under pa ragraph (2), furnish proof that  
(a) during the five -year period preceding the filing date of the later trade mark application 
or its date of priority he put his own trade mark to genuine us e as provided in Section  18, or  
(b) non- use can be properly justified.  
(3) A trade mark application shall not be declared invalid on the basis of an request for a 
declaration of invalidity in respect of which the furnishing of proof regulated under paragraph 
(2) to (2a) was unsuccessful. If the holder  of the earlier trade mark used the trade mark as 
provided in paragraph (2) to (2a) in relation to only part of the goods or services for which it is 
registered, it shall, for the purpose of the consideration of the request for a declaration of 
invalidity, be deemed to be registered only in respect of that part of the goods or services . 
(4) If the requesting party does not reply to the invitation referred to in paragraph (2), the 
request for  a declaration of invalidity  shall be considered withdrawn.  
(5) The decisions taken in the course of the hearing shall be announc ed on the day of the 
hearing; in respect of the substantive  decision, the announc ement may be deferred for not more 
than eight days if it is indispensable due to the complexity of the case . In such a case, the date 
for announc ement shall be set immediately, and the substantive  decision shall be put into 
writing until the day of announc ement.  
(6) The announc ement of the decision shall consist of the brief presentation of the operative 
part and of the grounds . Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
39 
 (7) The decision shall be put in writing within not more than fifteen days from the day it was 
taken, except where the Hungarian Intellectual Property Office deferred its announc ement, and 
it shall be delivered within fifteen days from putting it in writing.  
 
Section 73/A  
 
(1) At the request of any part y, invalidity proce edings shall be accelerated if court action for 
trade mark infringement was brought, or a request for provisional measures was filed before 
submitting a statement of claim and this fact is substantiated . 
(2) For the request for accelerated  procedure , a fee determined by the law on fees for 
administrative services in industrial property pro cedures  shall be paid within one month from 
the filing of the request.  
(3) If the request does not comply with the requirements referred to in paragraph (1), the 
party requesting accelerated procedure shall be invited to rectify the irregularities  or to su bmit 
comments . The request for accelerated procedure shall be rejected if, despite the rectification 
of the irregularities  or the comments, it does not comply with the requirements laid down in the  
Act. If the party filing the request for accelerated procedure does not reply to the invitation 
within the specified time limit, the request shall be considered withdrawn . 
(4) If the fee for the request has not been paid, the requesting party  shall be invited to make 
payment within the time limit specified i n the Act. Failing that , the request for accelerated 
procedure  shall be considered withdrawn.  
(5) The Hungarian Intellectual Property Office shall order the accelerated procedure by 
means of a n order . 
(6) By way of derogation from the provisions of Section s 41 and 73 , in the case of 
accelerated procedures  
(a) a time limit of fifteen days may be set for rectify ing the irregularities  or submitting 
comments ; 
(b) an extension of time limits may be granted only in particularly justified cases;  
(c) the Hungarian Intellectual Property Office shall only hold an oral hearing if the 
clarification of the facts requires that the parties be heard together or if any of the parties so 
requests in due time.  
 
Section 74  
 
(1) If there is more than one request for a declaration of invalidity  of the same trade mark, 
they shall be dealt with in the same proce edings  if possible. 
(2) If the request for a declaration of invalidity  is withdrawn, the proce edings  may be 
continued ex officio , excep t for the case under Section  72(2). In such a case, the Hungarian 
Intellectual Property Office shall also proceed within the bounds of the request, taking into 
consideration the statements and allegations made by the parties earlier. In the case referred to 
in Section  72(2), settlement may be reached in the invalidity  proce edings . 
(3) The losing  party shall be required to bear the costs of the invalidity procee dings . If the 
holder of the trade mark has not given any reason  for the invalidity proce edings , and he 
surrenders the trade mark protection, at least in respect of the concerned part of the list of the 
goods or services, with retroactive effect to the date of filing prior to the expiry  of the time limit 
for submitting comments [ Section  73(1)], the costs of the proce edings  shall be borne by the 
requesting party.  
(4) The declaration of invalidity  of the trade mark or the limitation of trade mark protection 
shall be recorded in the trade mark register , and official information shall be published in the 
official gazette of the Hungarian Intellectual Property Office.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
40 
  
Revocation for non -use, loss of distinctive character or having become misleading 
 
Section 75  
 
(1) Any person may institute proceedings for revocation of trade mark protection due to non-
use under Section s 18 and 34, due to loss of distinctive character or becoming misleading  under 
Section  35 against the  trade mark  holder.  
(2) The application shall indicate the data specified in Section  38(2b), the grounds for 
revocation, and documentary evidence shall be attached. Where revocation is requested 
pursuant to Section  30(2) with retroactive effect to a date which is earlier than the dates 
specified in Section  30(1)(d) or (e), it shall be indicated in the request. If revocation is requested 
for non- use, the burden of proof shall be on the holder of the trade mark that his use of the trade 
mark satisfied the requirements of Section  18. The application – if it is not aimed at the 
revocation of t he trade mark as a whole – may also be directed at part of the list of goods or 
services of the trade mark . 
(3) A fee determined by the law on fees for administrative services in industrial property 
procedures  shall be paid for the request for revocation within two months from the filing of the 
application . 
(4) If the request for revocation does not meet the requirements laid down in this Act, the 
requesting party shall be called upon to rectify the irregularities ; if the fee for the request has 
not been pa id, the requesting party shall be invited to make payment within the time limit 
prescribed by this Act. Failing to comply with these requirements, the request for revocation 
shall be considered withdrawn.  
 
Section 76  
 
(1) The Hungarian Intellectual Property Office shall invite the holder of the trade mark to 
submit comments on the request for revocation, and then – if the holder of the trade mark 
responds to the invitation within the fixed time limit – following the written  preparatory work, 
it shall decide at a hearing on the revocation of trade mark protection, in whole or in part, for 
non-use, loss of distinctive character or having become misleading, or on the rejection of the 
request. If the holder of the trade mark doe s not respond to the invitation of the Hungarian 
Intellectual Property Office within the fixed time limit, the Hungarian Intellectual Property 
Office shall decide on the request based on the information available to it, and without a hearing. 
The order con cluding the proceedings may also be taken without a hearing. Section 73(5) to (7) 
shall apply to the delivery, putting in writing and service of the decisions taken in the course of 
hearings . 
(2) If there is more than one request for revocation of the same  trade mark, or there are 
requests for both the declaration of invalidity  and the revocation of the same trade mark, they 
shall be dealt with in the same proce edings , wherever possible.  
(3) If the request for revocation is withdrawn, the proce edings  may be continued ex officio . 
In such case as well the Hungarian Intellectual Property Office shall also proceed within the 
framework of the request, taking into consideration the statements and allegations made by the 
parties earlier.  
(4) The unsuccessful  party shall be required to bear the costs of the proce edings  for 
revocation. If the holder of the trade mark has not given any reason  for the proce edings  for 
revocation and he surrenders the trade mark protection, at least in respect of the concerned part  
of the list of the goods or services, with retroactive effect to the date of filing prior to the expiry  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
41 
 of the time limit for submitting comments under paragraph (1), the costs of the proce edings  
shall be  borne by the requesting party.  
(5) The revocation of trade mark protection, in whole or in part, due to non- use, loss of 
distinctive character  or becoming misleading  shall be recorded in the trade mark register  and 
official information thereof shall be published in the official gazette of the Hungarian 
Intellectual Property Office.  
 
PART THREE  
 
PROVISIONS CONCERNING THE EUROPEAN UNION TRADE MARK SYSTEM  
 
Chapter X/A  
 
EUROPEAN UNION TRADE MARK AND EUROPEAN UNION TRADE MARK 
APPLICATION  
 
General provisions  
 
Section 76/A  
 
For the purposes of  this Act:  
a) [repealed]  
b) European Union trade mark mean s a trade mark as defined in Article 1(1 ) of the European 
Union Trade Mark Regulation;  
c) European Union trade mark application mean s a request for the registration of a European 
Union trade mark, filed in accordance with the European Union Trade Mark Regulation.  
 
Section 76/B [repealed]  
 
Section 76/C  [repealed]  
 
Legal consequences of the infringement  of a European Union trade mark 
 
Section 76/D  
 
To the infringement of a European Union trade mark, the same legal consequences shall 
apply, in accordance with the provisions of Article 14 of the European Union Trade Mark 
Regulation, as to the infringement of a trade mark registered by the Hungarian Intellectual 
Property O ffice on the basis of this Act. 
 
Conversion into a national trade mark application  
 
Section 76/E  
 
(1) Upon a request filed on the basis of Article 140(5)  of the European Union Trade Mark 
Regulation for the conversion of a European Union trade mark application or of  a European 
Union trade mark, the Hungarian Intellectual Property Office shall initiate the proceedings  for 
the registration of the trade mark by applying the provisions of Chapters VII to IX accordingly 
and on the conditions laid down in paragraphs (2)  to (5). Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
42 
 (2) The filing fee [ Section  50(4)] shall be paid within two months from the receipt of the 
request by the Hungarian Intellectual Property Office.  
(3) The Hungarian translation of the request under paragraph (1)  and of its documents shall 
be filed with the Hungarian Intellectual Property Office within four months from the receipt of 
the request by the Hungarian Intellectual Property Office. For the purposes of the provisions of 
Chapter IX, this translation shall be considered as a translation to be fil ed pursuant to Section  
50(5).  
(4) The Hungarian Intellectual Property Office shall notify the requesting party of the receipt 
of the request under paragraph (1)  by sending simultaneously t he notice under section 56(4).  
(5) The date of filing, the date of priority and the seniority shall be determined in accordance 
with Article 1 39(3) of the European Union Trade Mark Regulation. Section 50(3b)  shall be 
applied with regard to the provisions of Article 141(2) of the European Union Trade Mark 
Regulation.  
(6) In the proceedings  launched under paragraph (1)  on the basis of a request for the 
conversion of a European Union trade mark, the Hungarian Intellectual Property Office, after 
the payment of the filing fee and the filing of the translation prescribed in para graph (3)  being 
completed, shall register the European Union trade mark on the basis of this Act ( Section  
64) without any further examination.  
(7) In all other matters pertaining to the examination of the request for the conversion of a 
European Union trad e mark application or European Union trade mark and to the proceedings  
started under paragraph (1), the provisions of Chapters VI I to IX shall apply accordingly . 
 
Seniority claimed for a European Union trade mark  
 
Section 76/F  
 
(1) A trade mark registered by the Hungarian Intellectual Property Office on the basis of this 
Act, the seniority of which has been claimed for a European Union trade mark under Articles 
39 and 40 of the European Union Trade Mark Regulation, and the protection of which has been 
terminated by reason of expiry  of protection without renewal or by reason of surrender,  
(a) may be declared invalid, or  
(b) may be revoked for non- use, for loss of distinctive character of the sign or for the sign 
having become misleading,  
if the conditions for invalidity or for revocation existed at the date of the earlier termination 
of trade mark protection. 
(1a) If in the cases referred to in paragraph (1) the trade mark is declared invalid or revoked, 
seniority shall cease to produce its effects.  
(2) It shall be indicated in the trade mark register  that the seniority of the trade mark has 
been claimed with respect to a European Union trade mark. Loss of seniority shall also be 
recorded in the trade mark register . 
(3) All fac ts and circumstances concerning trade marks, in particular licenc es of use, 
hypothecation, any other encumbrance of rights relating to trade marks or deriving from trade 
mark protection as well as succession  and transfer of such rights, shall be recorded i nto the trade 
mark register  even after the termination , by reason of expiry  of protection without renewal or 
by reason of surrender, of the protection of the trade mark the seniority of which has been 
claimed with respect to a European Union trade mark.  
(4) [repealed]   
 
Section 76/G  [repealed]  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
43 
 European Union trade mark court  
 
Section 76/H  
 
(1) In Hungary , the Budapest -Capital Regional Court shall  proceed on first instance, in the 
composition laid down in Section  78(2), as the European Union trade mark court referred to in 
Article 123(1 ) of the European Union Trade Mark Regulation.  
(2) The Budapest -Capital Regional Court of Appeal, as the European Union trade mark court 
of second instance, shall have jurisdiction concerning appeals against the decisions of the 
Budapest -Capital Regional Court.  
 
PART FOUR  
 
PROVISIONS CONCERNING THE INTERNATIONAL REGISTRATION OF 
TRADE MARKS  
 
Chapter X/B  
 
GENERAL PROVISIONS CONCERNING INTERNATIONAL TRADE MARK 
APPLICATIONS  
 
General provisions  
 
Section 76/I  
 
(1) For the purposes of this Act  
(a) international trade mark application mean s an application filed under the Madrid 
Agreement of April 14, 1891 Concerning the International Registration of Marks (for the 
purposes of this P art, hereinafter “the Agreement”)  and under the Protocol of June 27, 1989 
relating to the Madrid Agreement (hereinafter “the Protocol”);  
(b) International Bureau means  the International Bureau of the World Intellectual Property 
Organization;  
(c) international register  means  the register maintained by the International Bureau on trade 
marks filed under the Agreement or the Protocol;  
(d) application designating Hungary  means  an international trade mark application in which 
the extension of protection has been requested to the territory of Hungary;  
(e) Office of origin means the O ffice of the country of origin defined in Article 2(2) of the 
Protocol . 
(2) References in this Act to the application of the Agreement or the Protocol shall be 
construed to mean also the application of the Common Regulations under the Agreement and 
the Protocol. 
(3) Unless otherwise provided in the Agreement or the Protocol, the provisions of this Act 
shall apply accordingly to international trade mark applications with the exceptions laid  down 
in this Part (Chapters X/B to X/C ). 
(4) [repealed]  
 
Chapter X/C  
 
INTERNATIONAL TRADE MARK APPLICA TIONS  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
44 
 Applications filed through the intermediary of the Hungari an Intellectual Property Office  
 
Section 76/J 
 
(1) The holder of a trade mark application filed with Hungarian Intellectual Property Office 
and the holder of a trade mark registered by the Hungarian Intellectual Property Office may 
file, under the Protocol , an international trade mark application to the International Bureau 
through the Hungarian Intellectual Property Office as Office of origin . 
(2) If the international trade mark application is filed before the registration of the trade mark 
referred to in paragraph (1), the applicant may declare that he wishes to make the internatio nal 
trade mark application on the basis of the trade mark referred to in paragraph (1). In this case 
the date of registration of the trade mark shall be considered as the date of filing . 
(3) The Hungarian Intellectual Property Office shall forward the international trade mark 
application if the applicant  
(a) has a real and effective industrial or commercial establishment in the country;  
(b) has his domicile in the country; or  
(c) is of Hungarian nationality . 
(4) The international trade mark applicatio n shall be filed with the Hungarian Intellectual 
Property Office as Office of origin in compliance with the formal requirements, in the manner 
and in one of the languages prescribed by the Protocol . 
(5) At the invitation of the Hungarian Intellectual Prope rty Office, the applicant shall certify 
that he is entitled to file an international trade mark application under paragraph (2). Failing to 
comply with the said invitation, the Hungarian Intellectual Property Office shall reject the 
request to forward the international application. 
 
Section 76/K  
 
(1) Prior to forwarding the international trade mark application, the Hungarian Intellectual 
Property Office shall examine 
(a) whether the application contains the registration number or case number of the trade mark 
referred to in Section  76/J(1);  
(b) whether a request to forward the international application has been filed, and whether 
that request contains the data specified in Section  38(2b); and whether the application contains 
information  identifying the applicant, the sign and the list of goods or services ; 
(c) whether the data of the application are in compliance with the data of the trade mark 
referred to in section 76/J(1)  as appearing in the trade mark register ; 
(d) whether the applic ation contains designation of the countries to the territory of which the 
extension of protection is claimed;  
(e) whether the application has been filed in the language and in the manner prescribed by 
the Protocol ; 
(f) whether the application is signed by the applicant or the representative.  
(2) Where the request to forward the application or the application itself does not comply 
with the requirements of paragraph (1)(a) to (c) and (f) – except for the case when the list of 
goods or services of the applica tion is narrower than the list of goods or services of the trade 
mark referred to in Section  76/J(1) – the Hungarian Intellectual Property Office shall invite the 
applicant to rectify the irregularities. The applicant shall also be notified that if the app lication 
is not received by the International Bureau within two months following the filing of the 
request, the date of the filing of the request shall not be the date of the international registration 
but the date of the receipt of the international appli cation by the International Bureau . Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
45 
 (3) If the invitation to rectify the irregularities  under paragraph (1)  leads to no result, the 
Hungarian Intellectual Property Office shall reject the request to forward the international trade 
mark application.  
(4) If the application does not meet the requirements of paragraph (1)(d) and (e) , the 
Hungarian Intellectual Property Office shall invite the applicant to rectify the irregularities . 
Failing to comply with the said invitation, the application shall be forwarded to the International 
Bureau as filed by the applicant.  
 
Section 76/L  
 
(1) For forwarding the international trade mark application, a forwarding fee determined by 
the law on fees for administrative services in industrial property procedures  shall be paid to the 
Hungarian Intellectual Property Office, and in connection with the international application, the 
international fee determined by the Protocol  shall be pa id to the International Bureau.  
(2) The forwarding fee referred to in paragraph ( 1) shall be due on the date of filing of the 
international trade mark application. If the fee is not paid within one month following the due 
date, the request to forward the international trade mark application shall be considered 
withdrawn.  
(3) The international fee referred to in paragraph (1 ) shall be paid directly to the International 
Bureau within the time limit and in the manner prescribed by the Protocol . 
(4) In the case of international trade mark applications filed through the intermediary of the 
Hungarian Intellectual Property Office, the date and number of the international registration 
shall be recor ded in the trade mark register . 
 
Subsequent extension of protection resulting from international registration through the 
intermediary of the Hungarian Intellectual Property Office  
 
Section 76/M  
 
(1) If pursuant to the Protocol the Hungarian Intellectual Property Office is the Office of the 
Contracting State of the holder of an international registration, a subsequent extension of the 
protection resulting from the international registration may be requested through the 
intermediary of the Hungarian Intellectual Property Office.  
(2) The request for the subsequent extension of protection shall be filed in compliance with 
the formal requirements, the manner and the language prescribed by the Protocol . 
(3) Prior to forwarding the request for the subsequent extension of protection, the Hungarian 
Intellectua l Property Office shall examine 
(a) whether a request to forward the international application ha s been filed, whether that 
request contains the data specified in Section  38(2b), and whether the request for subsequent 
extension contains the signature of the holder or of  his representative;  
(b) whether the request for subsequent extension has been filed in the manner prescribed by 
the Protocol . 
(4) Where the request to forward the application or the request for the subsequent extension 
of protection does not satisfy the requirements of paragraph (3)(a), the Hungarian Intellectual 
Property Office sha ll invite the requesting party to rectify the irregularities. In case of failure to 
comply with said invitation, the Hungarian Intellectual Property Office shall reject the request 
to forward the international application . 
(5) If the request for the subsequent extension of protection does not meet the requirements 
of paragraph (3)(b), the Hungarian Intellectual Property Office shall invite  the requesting party 
to rectify the irregularities . Failing to comply with the said notice, the request for the subsequent Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
46 
 extension of protection shall be forwarded to the International Bureau as filed by the requesting 
party.  
(6) With respect to requests for the subsequent extension of protection, the provisions of 
Section  76/L shall apply accordingly.  
(7) If a request is filed through the intermediary of the Hungarian Intellectual Property Office 
for recording in the international register of a change relating to the international trade mark 
application or to the protection resulting from the international registration under the Protocol, 
the provisions of paragraphs (1)  to (6)  shall apply accordingly . 
 
Applications design ating Hungary  
 
Section 76/N  
 
(1) The effect of an application designating Hungary shall, from the date of the international 
registration under Article 3(4 ) of the Protocol  or that of the subsequent extension of protection 
resulting from the internatio nal registration under Article 3 ter(2) of the Protocol , be the same 
as that of a trade mark application duly filed with the Hungarian Intellectual Property Office.  
(2) The international registration effected on the basis of an application designating Hungary 
shall result in protection, from the date laid down in paragraph (1), to the same effect as the 
registration under Section  64, provided that the Hungaria n Intellectual Property Office does not 
refus e protection of the sign extended to Hungary or withdraws the refusal  under Article 
5(1) and (2) of the Protocol . 
(3) The provisions relating to applications designating Hungary shall apply accordingly f or 
subsequent applications for the extension of protection to Hungary resulting from international 
registration.  
(4) Following the international registration of an application designating Hungary, the 
Hungarian Intellectual Property Office shall make the c ontent of the application available for 
inspection as published and shall ensure access to the entries of the international register relating 
to the application. 
 
Section 76/O  
 
(1) Publication of an application designating Hungary shall be made by publishi ng the 
following data of the international trade mark application:  
(a) the sign;  
(b) the number of the international registration; 
(c) the date of publication in the Gazette  of the International Bureau and the issue number of 
the Gazette containing the publication. 
(2) The Hungarian Intellectual Property Office shall publish the application designating 
Hungary under paragraph (1)  after being notified of the international registration.  
 
Section 76/P  
 
(1) The Hungarian Intellectual Property Office shall dr aw up the search report under Section  
60 and shall carry out a  substantive  examination under Section  61 with respect to the application 
designating Hungary.  
(2) The Hungarian Intellectual Property Office shall send the search report to the applicant 
through the intermediary of the International Bureau. 
(3) For the purposes of Section  61/B(1), the time limit of opposition relating to an application 
designating Hungary shall be calculated from the date of publication under Section  76/O(1). Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
47 
 (4) If the international trade mark application does not meet the requirements examined 
under Section  61(2), or an opposition has been filed against it, the International Bureau shall be 
notified in the manner and within the time limit laid down by the Protocol  (provisional refusal). 
In the notification a time limit of at least three months shall be fixed for submitting comments; 
the time limit may be extended at a request filed before its expiry . 
(5) If the applicant does not reply to the invitation within the  fixed time limit, the Hungarian 
Intellectual Property Office shall notify the International Bureau, except when paragraph (5a ) 
is applicable, that the protection of the trade mark extending to Hungary is refused (final 
refusal), or that protection is only  partially recognised by the Hungarian Intellectual Property 
Office. The Hungarian Intellectual Property Office shall send such notification to the 
International Bureau after the decision on final refusal or on partial recognition of the protection 
has become final and binding. If  trade mark protection is recognised in part, the date of 
registration shall be the date of the decision.  
(5a) If the applicant fails to reply, within the fixed time limit, to an invitation of the 
Hungarian Intellectual Property Of fice issued solely upon an opposition, the Hungarian 
Intellectual Property Office shall decide on the registration of the trade mark on the basis of the 
available information, and shall notify the International Bureau accordingly, sending either a 
notifica tion on the final refusal  or a notification made in accordance with paragraph (5e).  
(5b) If the applicant replies  to the invitation, the Hungarian Intellectual Property Office shall 
continue the s ubstantive  examination and shall decide on the registration of the trade mark on 
the basis thereof. If the trade mark application is to be refused on the basis of the s ubstantive  
examination [ Section  61(4), Section  61/H(2)], the Hungarian Intellectual Property Office shall 
notify, after the decision on it has become final and binding, the International Bureau that the 
protection of the trade mark extending to Hungary is refused  (final refusal ). 
(5c) If the Hungarian  Intellectual Property Office does not issue any notice of provisional 
refusal and sends no notification to the International Bureau on the basis of paragraph (5d ) 
either, the date of registration shall be  deemed to be  the first day after the expiry  of the  time 
limit prescribed for provisional refusal . 
(5d) If the Hungarian Intellectual Property Office finds before the expiry of the time limit 
prescribed for provisional refusal that there is no ground for provisional refusal , it shall notify , 
without delay, the International Bureau of the recognition of the protection. The date of 
registration shall be deemed to be the date of the notification on the recognition of the 
protection. 
(5e) If the Hungarian Intellectual Property Office revokes the  provisional refusal in whole 
or in part after the s ubstantive  examination , it shall notify the International Bureau of the 
recognition of the protection in whole or in part after the decision on withdrawal has become 
final and binding. The date of registrati on shall be  deemed to be  the date of the decision on 
withdrawal . 
(6) to (7 ) [repealed]  
(8) By applying the provisions of Section  48 accordingly, the Hungarian Intellectual 
Property Office shall record in the trade mark register  that under Article 4 bis of the Protocol , 
the international registration has replaced the trade mark registered by the Hungaria n 
Intellectual Property Office.  
 
Rejection of the effect of a transfer and of a licensing  contract  
 
Section 76/R  
 
(1) If the Hungarian Intellectual Property Office finds a transfer or a licence recorded in the 
international register with respect to the protection resulting from the international registration Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
48 
 and extending to the territory of Hungary to conflict, in part or in whole, with the provisions of 
this Act, it shall notify the applicant, by way of the International Bureau, in the manner and 
within the time limit prescribed by the Agreement and the Protocol . 
(2) The notification on rejecting the effect of the change shall indicate the reasons and extent 
of rejection . 
 
Invalidation  of an international trade mark  
 
Section 76/S  
 
For the purposes of this Act, invalidation of an international trad e mark referred to in Article 
5(6) of the Protocol shall mean the declaration of invalidity  of the trade mark or the revocation 
of trade mark protection. 
 
Supplementary Register  
 
Section 76/T  
 
The Hungarian Intellectual Property Office shall keep a supplementary register with respect 
to applications designating Hungary, which shall contain all facts and circumstances that cannot 
be recorded in the internationa l register under the Agreement and the Protocol . 
 
Transformation of an international registration into a national trade mark application  
 
Section 76/U  
 
(1) The request for transformation under Article 9quinquies of the Protocol shall be filed 
with the Hungarian Intellectual Property Office within three months of the cancellation of the 
international registration.  
(2) The Hungarian translation of the list of goods or services shall be submitted within four 
months of the filing of the request for transformation, and the payment of the transformation 
fee, representing a fixed rate of the application fee as laid down i n the law on fees for 
administrative services in industrial property procedures , shall be made within two months of 
the filing of the request. In case of failure to comply with the above requirements the request 
for transformation shall be considered withdrawn.  
 (3) In other respects the provisions of Chapters VII to IX shall apply accordin gly to requests 
for transformation; if, however, the international registration is cancelled after any of the 
registration dates specified in Section  76/P(5), or (5c) to (5e), the Hungarian Intellectual 
Property Office shall register the sign as a trade mark without applying the provisions of 
Section s 61 to 63. In this case , the date specified pursuant to Section  76/P(5), or (5c) to (5e) 
shall be consi dered the date of registration.  
 
Chapter X/D  
 
Sections 76/V to 76/Z [repealed]  
 
PART FIVE  
 
COURT P ROCEE DINGS IN TRADE MARK MATTERS  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
49 
 Chapter XI  
 
REVIEW OF THE DECISIONS OF THE HUNGARI AN INTELLECTUAL PROPERTY 
OFFICE  
 
Request for review  
 
Section 77  
 
(1) Upon request, the court may review  the following decisions of the Hungarian Intellectual 
Property Office : 
(a) decisions r eferred to in Section  46/A(3);  
(b) decisions suspending the proceedings  or effecting  entries in the trade mark register ; 
(c)  orders  rejecting or limiting the access to files against which independent legal remedy is 
available under the provisions of the  Code of G eneral A dministrative P rocedure ; 
(d) orders  denying the legal status of party to the proce edings  to persons other than those 
initiating the  proceedings  by filing a request ; 
(e) decisions imposing procedural fines or on the amount and on the bearing of procedural 
costs.  
(2) A request for review  brought against a decision imposing a procedural fine or on the 
amount and on the  bearing of procedural costs shall have no suspens ory effect with respect to 
any other provisions of the decision not contested in the request for review , and shall not prevent 
them from becoming final and binding.  
(3) Any order  of the Hungarian Intellectual Property Office not referred to in paragraph (1 ) 
may only be contested in a request for review  of the decisions referred to in paragraph (1).  
(4) Review  of a decision may be requested by  the following:  
(a) any party to the proceedings  before the Hungarian Intellectual Property Office;  
(b) any person denied of , or limited in , access to  files;  
(c) any person whose legal status as a party to the proceedings  has been denied.  
(5) Review  of a substantive  decision on the registration or the declaration of invalidity of a 
trade mark may be requested by the prosecutor under Section  3(1)(a) and (b) and Section  3(2). 
Any other participant in the proceedings  before the Hungarian Intellectual Property Office may, 
in his own right, file an independent request for review  of the decision or a provision thereof 
relating to him.  
(6) The time limit for filing a request for review or for posting it by registered mail shall be , 
with the exceptions laid down in paragraphs (7)  and (8), thirty days  from the date of 
communication of the decision to the party concerned or to any other participant in the 
proceedings . 
(7) The time limit of thirty days for filing a request for review  shall be calculated from the 
communication of the order  rejecting  the request  for re-establishment of rights or considering 
it not to have been filed if  
(a) that date is later than the date of communication of the decision under paragraph (6), and  
(b) the request  for re-establishment of rights  was filed to avert the consequ ences of an 
omission which served directly as a basis for the decision under paragraph (6). 
(8) [repealed]  
(9) The request for review  shall be filed with the Hungarian Intellectual Property Office, 
which shall forward it, together with the documents of the trade mark file, to the court within 
fifteen days , except for the case provided for in paragraph (10). Where a party with opposing 
interests has participated in the proceedings , the Hungarian Intellectual Property Office shall 
simultaneously notify t he party with opposing interests of the forwarding of the request.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
50 
 (10) If the request for review  raises legal questions of principle , the Hungarian Intellectual 
Property Office may make a written statement on such question and shall forward it, together 
with the request for review  and the documents of the trade mark file, to the court within thirty 
days.  
(11) The following data shall be indicated in the introductory part of the request for review : 
(a) the name of the court sei zed, 
(b) the identification details of the requesting party specified in Section  38(2b), and, if there 
is a party with opposing interests , the known identifica tion details of that party, and  
(c) the identification details of the representative of the requesting party specified in Section  
38(2b), and his secure delivery service address . 
(11a) The following data shall be indicated in the subs tantive part of the request for review : 
(a) the identification number of the decision contested  by the request for review , the 
registration number, if applicable and know, and the contested provision or part of the decision, 
(b) the explicit request  that the court review  the decision, and 
(c) the grounds demonstrating the necessity of reviewing the decision, together with the 
supporting evidence and a reference to the legal basis . 
(11b)  The following shall be indicated in the closing part of the request for review : 
(a) the facts and a reference to the legal provisions establishing the material and territorial 
jurisdiction of the court , 
(b) the amount paid as a procedural fee and the method of payment, or, if a partial procedural 
fee was paid, the request for legal aid, or, if the law provides for an exemption from paying 
procedural fees, the facts and a reference to the legal provisions serving as basis for exemption , 
(c) the facts and a reference to the legal provisions establishing the power of represent ation 
of the agent , 
(d) the supporting evidence for the facts referred to in the closing part . 
(12) If a request for review  was filed late, the court shall decide on the request for  re-
establishment of rights . 
 
Material and territorial jurisdiction  
 
Section 78  
 
(1) In proceedings for the review  of decisions taken by the Hungarian Intellectual Property 
Office, the Budapest -Capital Regional Court shall  have exclusive territorial jurisdiction . 
(2) The Budapest -Capital Regional Court shall proceed in a panel of three professional 
judges.  
(3) [repealed]  
 
Rules governing proceedings concerning requests for review  
 
Section 79  
 
The court shall adjudicate requests for the review  of decisions taken by the Hungarian 
Intellectual Property Office  in accordance with the rules of non -contentious proceedings , 
subject to the derogat ions of this Act. For procedural matters not regulated otherwise by this 
Act, the provisions of the Code of Civil Procedure  shall apply accordingly, together with  the 
general provisions  of the Act on the rules applicable in non- contentious civil court procedures 
and on certain non- contentious court procedures , and with the derogations arising from the 
particular features  of non -contentious proceedings . 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
51 
 Publicity  
 
Section 80  
 
The court may, at  the request of a party, exclude the public from the hearing even in the 
absence of the req uirements prescribed by the Code of Civil Procedure . 
 
Disqualification  
 
Section 81  
 
(1) Beyond the cases determined in the Code of Civil  Procedure , the following persons shall 
be disqualified from the proceedings  and shall not be allowed to participate in it as a judge : 
(a) persons who participated in taking the decision of the Hungarian Intellectual Property 
Office;  
(b) relatives, as defined in the Civil Code, of a person mentioned under point ( a). 
(2) The provisions of paragraph (1)  shall also apply to the keepers  of the minutes and to 
experts.  
 
Parties to the pro ceedings and other participants  
 
Section 82  
 
(1) The person who filed the request shall be a party to the court proceedings . The prosecutor 
instituting proceedings shall be entitled to all the rights to which a party is entitled, except that 
he may not conclude a settlement, waive or acknowledge  right s. 
(2) If there was a party with opposing interests in the proceedings  before the Hungarian 
Intellectual Property Office, the court action shall be brought against that party.  
 
Section 83  
 
If a holder of a joint trade mark protection acts independently to mai ntain and protect 
trade mark rights, or proceedings have been initiated against only one of the joint trade mark 
holders, the court shall notify the other joint trade mark holders  that they may join the action.  
 
Section 84  
 
(1) Any person having a legal interest in the outcome of the proceedings for review  of 
decisions taken by the Hungarian Intellectual Property Office shall be entitled intervene  in the 
action in favour of the party whose interests he shares until the court deci sion becomes final 
and binding.  
(2) Except settlement, a cknowledgement  or waiver of rights, the intervenor may carry out 
any act which the party he supports is entitled to make, except that his acts shall have effect 
only if not in conflict with the acts of the party concerned.  
(3) Legal disputes between the intervenor and the party concerned shall not be adjudicated 
in the course of the proceedings.  
 
Representation  
 
Section 85  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
52 
  
(1) In the course of the proceedings , patent attorneys may also act as authorised 
representatives, including legal representation pursuant to Section  85/A . 
(2) As to the validity of a power -of-attorney given to a patent attorney or an attorney -at-law, 
either in the country or abroad, the signature by the principal shall be sufficient.  
 
Section  85/A  
 
Legal representation is mandatory in the court proceedings , including  in appeal proceedings.  
 
Costs of proceedings  
 
Section 86  
 
(1) If an opposing party also takes part in the court proceedings, the provisions on litigation 
costs shall apply accordingly  to the advance and payme nt of the costs of proceedings.  
(2) In the absence of an opposing party, the applicant shall advance and bear the costs.  
(3) The expenses and fees of the patent attorney representing the party shall be added to the 
costs of proceedings.  
 
Omission  
 
Section 87  
 
If neither the applicant nor any of the parties appear at the hearing or if 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.  
 
Excuse 
 
Section 88  
 
The provisions of Section  42 shall apply accordingly  to the submission of a request  for 
re-establishment of rights  in non- contentious proceedings.  
 
Measures on the basis of the request  
 
Section 88/A  
 
If the Hungarian Intellectual Property Office has made a written statement concerning the 
request for review  [Section  77(10)], the chair of the proceeding chamber  shall inform the party 
or parties of this statement in writing.  
 
Hearing and taking of evidence  
 
Section 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 . 
(1a) No staying of the procedure is admissible in the court proceedings.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
53 
 (2) If no party with opposing interests takes part in the proceedings and the case can be 
adjudicated on the basis of documentary evidence, the court may adopt a decision outside the 
hearing, however , the party shall be heard at his request. 
(3) In the event that the court adjudicates the case outside the  hearing and finds during the 
proceedings that a hea ring is necessary, it may order such hearing at any time. However, if the 
court adjudicates the case at a hearing, or has ordered a hearing, it may not revoke such order 
and adjudicate the case outside the  hearing.  
(4) Settlement may not be concluded in th e court proceedings if such settlement was not 
admissible in the procedure before the Hungarian Intellectual Property Office.  
 
Decisions  
 
Section 90  
 
The court shall decide both on the merits of a case and on other matters by an order.  
 
Section 91  
 
(1) If the court alters a decision taken in a trade mark case, its order shall replace the decision 
of the Hungarian Intellectual Property Office. If the request for review  was filed against a 
decision in a trade mark matter refusing , withdrawing or considering withdrawn a trade mark 
application, in the absence of which continuation of the registration proceedings  at the 
Hungarian Intellectual Property Office would have been required, in place of altering the 
decision  taken in a trade mark matter , the court shall set aside the decision and order the 
Hungarian Intellectual Property Office to continue the proceedings . 
(2) The court shall set the decision aside and order the Hungarian Intellectual Property Office 
to conduct  new proceeding s if 
(a) the decision was taken with the participation of a person who could be objected due to 
grounds of disqualification ; 
(b) other procedural rules were substantially breached during the proceedings  before the 
Hungarian Intellectual Property Office and this breach cannot be remedied by the court.  
(c) [repealed]  
(3) If a party requests a court decision on a matter which was not the subject of the 
proce edings  before the Hungarian Intellectual Property Office, the court shall refer the request 
to the Hungarian Intellectual Property Office, except when, in the case of opposition, the 
Hungarian Intellectual Property Office left the grounds  for opposition out of c onsideration 
under Section  61/D(8), or in the invalidity proce edings , the Hungarian Intellectual Property 
Office left the ground s for invalidity out of consideration under Section  73(1)  or when the new 
grounds for opposition or invalidity was stated in the  request for review  or after the filing 
thereof . Such grounds  for opposition or invalidity shall be left out of consideration by the court. 
In the case of the referral of the request, the court shall, if necessary, set aside the decision of 
the Hungarian I ntellectual Property Office.  
(4) The court shall leave out of consideration any facts, allegations or evidence submitted by 
the party in the request for review  or after the filing thereof, which the Hungarian Intellectual 
Property Office , in compliance wit h Section  40(3), duly left out of consideration in the 
proceedings  before it.  
(5) If, after the filing of a request for review , the Hungarian Intellectual Property Office 
withdraws any of its decisions referred to in Section  77(1)(b) to (d), the court shall terminate 
the proceedings. If the Hungarian Intellectual Property Office has amended  its decision, the 
court proceedings may only continue in respect of matters still pending.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
54 
  
Section 92  
 
The court order on the merits of a case shall be communicated by service, its announc ement 
shall not qualify as communication of the order. If the court decides on the request for review  
at a hearing, the order on the merits of the case shall need to be an nounc ed on the day of the 
hearing. The announc ement may only be de layed , for not more than eight days, if it is 
indispensable due to the complexity of the case. In such event the time limit for announc ement 
shall be fixed immediately and the judgment shall be put into writing by the day of 
announc ement.  
 
Section 93  
 
For adjudicating appeals filed against the decision of the Budapest -Capital Regional 
Court, the provisions of Section s 389 to 391 of the Co de of Civil Procedure shall apply 
accordingly, with the proviso that the court of second instance shall, on request, hear the parties 
orally as well, except when the appeal was filed against an order  on a request for review  filed 
against a decision of the Hungarian Intellectual Property O ffice referred to in Section  77(1)(c) 
and (d).  
 
Section 94  [repealed]  
 
Chapter XII  
 
ACTIONS IN TRADE MARK MATTERS  
 
Rules governing actions in trade mark matters  
 
Section 95  
 
(1) The Budapest -Capital Regional Court shall have exclusive territorial jurisdiction in court 
actions brought for trade mark infringement, for the prohibition of the use of a trade mark by 
the representative or the agent or the transfer of the right to trade mark protection or of the trade 
mark protection, under Section  14, as well as for the prohibition of the use of European Union 
trade marks under Articles 1 37 and 138 and Article 209(5 ) of the European Union Trade Mark 
Regulation [ Section  4(2)(ab)]. In such  actions , the Budapest -Capital Regional Court shall sit in 
a panel composed as laid down in Section  78(2).  
(2) In court actions brought for trade mark infringement, provisional measures shall be, until 
the contrary is rendered probable, considered necessary for a reason deserving spec ial 
consideration under Section  103(1 )(d) of the Code of Civil Procedure if the petitioner proves 
that the trade mark is protected, and he is the ho lder of the trade mark or a user entitled to take 
action against infringement in his own name.  
(3) Paragraph (2 ) shall not apply if six months have already passed from the commencement 
of trade mark infringement or if a period of sixty days has already passed since the petitioner 
became aware of the infringement and of the identity of the infringer.  
(4) In the event of trade mark infringement or a direct threat thereof , the request for 
provisional measures may also be filed before submitting the statement of claim , even in the 
absence of the additional conditions prescribed by the Code of Civil Procedure for provisional 
measures preceding the bringing an action. The Budapest -Capital Regional Court shall decide 
on the request for provisional measure filed prior to submitting the statement  of claim. With the Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
55 
 derogations deriving from the particular features of non- contentious proceedings , the provisions 
of this Act and the general rules of the Code of Civil Procedure , as well as the general provisions 
of the Act on specific non- contentious court procedures shall apply accordingly  to the non-
contentious proceedings for provisional measures. If the requesting party has brought  an action 
for trade mark infringement in accordance with paragraph (8), the amount exceeding the fee 
paid in the non- contentious proceedings shall be paid as the fee for the action.  
(5) The holder of the trade mark or the licensee who is entitled take action against 
infringement, in addition to civil remedies applicable in the case of infringement, may request 
the court, with the same conditions that apply to provisional measures, to  
(a) order a protective measure pursuant to the provisions of the Act on j udicial enforcement, 
if he credibly demonstr ates that later satisfaction of his claim for damages or for the surrender 
of the enrichment obtained by infringement is jeopardised ; 
(b) compel the infringer to communicate or present his banking, financial or commercial 
documents with a view to ordering the protective measure under point (a);  
(c) order the lodging of a counter -security, if in return therefor, instead of demanding 
discontinuance of the trade mark infringement, he consents to the continuation by the infringer 
of the allegedly infringing activities . 
(6) The court may order the lodging of a counter -security under paragraph (5)(c) even in the 
absence of a request to this ef fect, provided that the holder of the trade mark or the licensee 
who is entitled take action against infringement has filed a request for discontinuance of the 
infringement, and the court refuses to grant it . 
(7) The court shall decide on the provisional measures with priority, in an order adopted 
within fifteen days from the filing of a request to this effect at the latest. The court of second 
instance shall decide on the appeal filed against the order on the provisional measures with 
priority, within fifteen days from the filing of the appeal at the latest.  
(8) At the request of the party with opposing interests, the court shall set aside its order on 
provisional measures, including those under paragraphs (5 ) and (6 ), requested before the 
bringing  of an action, if the requesting party  has not brought , within fifteen days from the 
communication of such order , an action for trade mark infringement with respect to the claim 
enforced by the provisional measures. The court shall decide in an order  on the request for 
setting aside the provisional measures with priority, within fifteen days from the filin g of the 
request at the latest.  
(9) If, in the course of the action  for trade mark infringement, one of the parties has already 
provided evidence of  reasonable extent, the court may, at the request of the party producing the 
evidence, require the party with opposing interests to  
(a) present the documents and other physical  evidence in his possession a nd to make 
inspection possible;  
(b) communicate or present his banking, financial or commercial documents. 
(10) Preliminary taking of evidence shall also be admissible before bringing proceedings for 
infringement if the holder of the trade mark or the licensee who is entitled take action against 
infringement has demonstrated to a reasonable extent the fact or danger of trade mark 
infringement. The court shall decide on the preliminary taking of evidence by an order and out 
of turn, at the latest within fifteen days from the filing of the request to this effect. An appeal 
shall lie against an order rejecting the preliminary taking of evidence; the court of second 
instance shall decide on the appeal filed against the order rejecting the preliminary taking of 
evidence by an order and out of turn, at t he latest within fifteen days from the filing of the 
appeal. If court proceedings have not yet been brought, the request for the preliminary taking 
of evidence shall be filed with the Budapest -Capital Regional Court. The preliminary taking of 
evidence shal l be conducted by the Budapest -Capital Regional Court . Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
56 
 (11) At the request of the party with opposing interests, the court shall set aside its order 
adopted on preliminary taking of evidence, if the holder has not brought an action  for trade 
mark infringem ent within fifteen days from the communication of the order adopted on 
preliminary taking of evidence. The court shall decide on the request for setting aside the order  
adopted on preliminary taking of evidence with priority, within fifteen days from the f iling of 
the request at the latest.  
(12) Provisional measures, including those measures under paragraphs (5)  and (6), may be 
taken without the party with opposing interests having been heard if any delay thereof would 
cause irreparable harm. Pursuant to Se ction  337(1) (b) of the Code of Civil Procedure , 
preliminary evidence may be taken without the party with opposing interests having been heard 
if any delay would cause irreparable harm, or the risk of the destruction of evidence is likely. 
Orders on provisional measures or ordering preliminary taking of evidence adopted without the 
party with opposing interests having been heard shall be communicated to the party 
immediately following their implementation. After communication of the order , the party w ith 
opposing interests may  request to be heard or to have the  amendment or the setting aside of the 
order on ordering provisional measures or the preliminary taking of evidence. If the request for 
provisional measures or ordering preliminary taking of evidence is rejected, the court shall 
communicate the order on rejection together with the request for provisional measures or 
ordering preliminary taking of evidence to the party with opposing interests. 
(13) At the request of the party with opposing interest s, the court may make the ordering of 
preliminary taking of evidence and, with the exception of paragraph (5 )(c) and paragraph (6), 
of provisional measures subject to the provision of security.  
(14) For the cases referred to in paragraph (5 )(c), (6) and (13), the provisions of the Code of 
Civil Procedure on the provision of security shall apply accordingly, with the proviso that the 
court, beyond the judgment, may also rule on the matter of refunding or releasing the security 
or counter security in the order setting aside or pronouncing the cessation of the effect of the 
order on provisional measures or ordering preliminary taking of evidence.  
(14a) In court actions on trade mark infringement the legal conse quences laid down in 
Section  27(2 ) to (3 ) shall not apply in respect of the period when the grounds for revocation of 
trade mark protection ex isted based on this Act, provided that the defendant invoked this fact 
in his defence as to the merits.  
(15) In all actions referred to in paragraph (1)  and an y other actions related to trade marks, 
the provisions of the Code of Civil Procedure shall apply with the derogations under Section s 
80, 85 and 86(3 ) of this Act.  
(16) [repealed]  
 
PART SIX  
 
COLLECTIV E MARKS AND CERTIFICATION MARKS  
 
Chapter XIII  
 
COLLECTIVE MARKS  
 
The collective mark  
 
Section 96  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
57 
 (1) A collective mark is  a trade mark which is described as such when the mark is applied 
for and is capable of distinguishing the goods or services of the members of an association, 
public body or union from those of others . 
(2) [repealed]  
(3) A sign shall also be excluded from trade mark protection as a collective mark if  
a) the character or the significance of the sign is capable to mislead consumers , specifically 
if it is likely to be perceived as other than a collective mark; 
b) the regulations governing its use contain provi sions violating public policy, accepted 
principles of morality or law.  
(4) The holder  of a collective mark shall be the association,  public body or union, and their 
members shall also be entitled to use the collective mark.  
(5) An application for the regis tration of a collective mark shall not be refused if the 
applicant, as a result of an amendment of the regulations governing use of the collective mark, 
meets the requirements laid down in Section  97. 
(6) The use of a collective mark by any member of the association, public body or union 
shall also qualify as use wi thin the meaning of Section  18. 
 
Regulation s governing  the use of collective mark s 
 
Section 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 in paragraph (2). The regulations  shall be 
established by the association, public body or union being the holder of the collective mark.  
(2) The regulations  shall include:  
(a) the name and the regi stered seat of the association, public body or union , 
(b) the list of the members authoris ed to use the mark, including their names, addresses and 
registered seats,  
(c) the conditions of membership, 
(d) the conditions of the use of the collective mark, 
(e) the provisions relating to the control of the use of the collective mark,  
(f) the rules of taking action against unauthoris ed use of the collective mark.  
(3) [repealed]  
(4) The regulations  shall also be attached to the application for a collective mark. With 
respect to collective marks, the data indicated in paragraph ( 2)(b) shall also be recorded in the 
trade mark register . The regulations  and the amendments pursuant to paragraph (5)  thereof shall 
be attached to the entry in the register relating to the collective mark.  
(5) In the event of any change in the data indicated in the regulations , the holder of a 
collective mark shall submit amended regulation s to the Hungarian Intellectual Prope rty Office. 
Amendments to the regulation s shall take effect only from their entry in the trade mark register . 
The amendment shall not be entered in the r egister if  
(a) the amended regulations  do not satisfy the requirements in paragraph (2);  
(b) the requirements prescribed in Section  96(1)  for collective marks would not be met due 
to the amendment; or  
(c) the amendment would involve one of the grounds for exclusion referred to in Section  
96(3).  
 
Transfer of the  protection of collective marks  
 
Section 98  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
58 
  
(1) Transfer of the protection of collective marks shall require the relevant written contract 
and the recording in the trade mark register  of the successor.  
(2) The protection of collective marks may not be transferred if after the transfer , the 
requirements prescribed in Section  96 are not met or the sign becomes excluded from protection 
as a collective mark.  
 
Termination of  protection of collective marks  
 
Section 99  
 
(1) Apart from the grounds for revocation under Section s 34 and 35, the protection of 
a collective mark shall also be revoked,  at the date specified in the decision on revocation, if 
the holder of the trade mark does not take the necessary measures to prevent the collective mark 
being used in a manner incompat ible with the conditions of use.  
 (2) Apart from the grounds for invalidity under Section  33, if the sign may not be granted 
protection as a collective mark pursuant to Section  96(1), (3) and Section  97, the collective 
mark shall be declared invalid, unle ss in the course of the invalidity proceedings the holder of 
the trade mark, by further amending the regulations governing use, complies with the 
requirements. If the sign becomes excluded from trade mark protection pursuant to Section  
96(3), the collective mark shall be revoked with retroactive effect to the filing date of the request 
for revocation . 
 (3) The protection of the collective mark shall also be revoked, if an amendment to the 
regulations governing use of the mark has been m entioned in the r egister in breach of 
Section  97(5), unless the holder of the mark, by further amending the regulations governing 
use, complies with the requirements of those provisions.  
 
Enforcement of rights conferred by the protection of collective ma rks 
 
Section 100 
 
(1) The holder of a  collective mark shall be entitled to claim the award of damages on behalf 
and for the benefit of persons who have authority to use the trade mark where they have 
sustained damage in consequence of unauthorised use of the  trade mark by a third party, without 
those persons having to become parties to the legal proceedings.  
 (2) Persons authorised to use the collective mark by reason of their membership relation 
may bring proceedings for infringement of the  trade mark only i f its holder consents thereto. 
Such authorised users may only bring infringement proceedings, in their own name and without 
the consent of the holder of the trade mark, if the holder of the trade mark, after formal invitation 
to start proceedings, does not  himself bring infringement proceedings within thirty days.  
 (3) A user shall be entitled, for the purpose of obtaining compensation for damage suffered 
by him owing to the unauthorised use of the trade mark, to join as co- litigant the infringement 
action brought by the holder of the trade mark, if the holder of the trade mark does not claim 
the award of damages on his behalf and for his benefit pursuant to paragraph (1). Section 
52(2)(a) of the Code of Civil Procedure  shall apply to the time limit of joini ng the action as co -
litigant, and Section  38(3) and Section  39 of the Code of Civil Procedure  shall apply 
accordin gly to the relationship of co- litigants . 
 
 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
59 
 Chapter XIV  
 
CERTIFICATION  MARKS  
 
Certification marks  
 
Section 101 
 
(1) A certification mark is a trade mark which is described as such when the trade mark is 
applied for and is capable of distinguishing goods or services which are certified by the holder 
of the trade mark in respect of material, mode of manufacture of goods or performance of 
services, quality, accuracy or other characteristics, from goods or services which are not so 
certified . 
(2) Protection of certification marks may not be acquired 
a) by the undertaking which produces, places on the market or imports the goods or supplies 
the services for which the trade mark is registered;  
b) by the undertaking which, pursuant to the Act on the prohibition of unfair market practices 
and of the r estriction of c ompetition , is not independent of the undertaking under point  a); 
c) by the undertaki ng with which the undertaking under point a ) is in a permanent legal 
relationship in respect of the goods or services for which the mark is registered.  
(3) The holder himself shall not use the certification mark for the purpose of certification; 
he shall, however, authori se its use for such purpose with respect to the goods or services 
complying with the prescribed quality requirements or with other characteristics. 
(4) A certification mark shall be granted protection if it is accompanied by regulation s 
satisfying the requirements prescribed under paragraph (5).  
(5) The regulations  shall include  
a) the name and  registered seat of the holder,  
b) the quality requirements relating to the goods or services fo r which the mark is registered,  
c) the rules of attesting the quality,  
d) the conditions of the use of the mark,  
e) the rules on the control of the use of the mark,  
f) the order of proceedings against unauthori sed use of the mark.  
(6) For the regulation s, application and registration, use and transfer of the certification 
mark, for the termination 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 trade 
marks and to their protection shall apply ac cordingly . 
(6a) If the certification mark is used by any person authorised thereto in accordance with the 
provisions of Section  18, it shall be considered to be genuine use under Section  18. 
(7) A certification mark shall also be declared invalid if the application was filed by a person 
not entitled to do so under paragraph (2). The protection of a  certification mark shall also be 
revoked, at the date specified in the decision on revocation, if the holder of the trade mark no 
longer complies with the requirements set out in paragraph (2) . 
(8) For the use of certification marks, the provisions of a specific law on the certification of 
quality or of other ch aracteristics shall also apply.  
 
Chapter XV  
 
APPLICATION OF PROVISIONS RELATING TO TRADE MARKS TO COL LECTIVE 
AND CERTIFICATION MARKS  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
60 
 Application of provisions relating to trade marks  
 
Section 102 
 
Matters relating to collective and certification marks and their protection which are not 
covered by this P art shall be governed by the provisions relating to trade marks and to their 
protection, with the proviso that observations may also be filed with respect to the grounds 
referred to in Section s 96 (1) and (3), 97 and 101(1) to (2) and (4) . 
 
PART SEVEN  
 
PROTECT ION OF GEOGRAPHICAL INDICATIONS  
 
Chapter XVI  
 
SUBJECT MATTER OF PROTECTION, RIGHTS CONFERRED  BY, INFRI NGEMENT 
AND TERMINATION OF PROTECTION  
 
Geographical indications and appellations of origin capable of  protection  
 
Section 103 
 
(1) Geographical indications 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 indication mean s the geographical name of a region, locality or, in 
exceptional cases, a country which serves to  designat e a product originating therein, the specific 
quality, good reputation or other characteristics of which are due essentially to that geographical 
origin, and the production, processing or pre paration of which takes place in that defined 
geographical area.  
(3) Appellation of origin means  the geographical name of a region, locality or, in exceptional 
cases, a country which serves to  designat e a product originating therein, the specific quality, 
good reputation or other characteristics of which are due exclusively or essentially to that 
geographical environment, to its inherent natural and human factors, and the production, 
processing and preparation of which take place in that defined geographica l area.  
 
Section 104 
 
Geographical indications of spirit drinks shall be granted protection if the products bearing 
the geographical indications also comply with the conditions specified in the product 
specifications provided for by a specific law . 
 
Grounds for refusal  
 
Section 105 
 
(1) A geographical indication shall not be granted protection if in the course of trade it had 
become the common name of a product, irrespective of whether the product originates in the 
place specified by the geographical indication.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
61 
 (2) After its registration, a geographical indication may not become the common name of a 
product  in the course of trade . 
 
Section 106 
 
(1) A geographical indication shall be excluded from protection:  
(a) with respect to identical products, if it is identical with an earlier geographical indication; 
(b) with respect to identical or similar products, if it is identical with or similar to an earlier 
geographical indication;  
(c) if it is identical with or similar to an earlier trade mark and its us e, due  to the good 
reputation, renown or lasting presence on the market of the trade mark,  would result in a 
likelihood of confusion on the part of consumers.  
(2) A geographical indication may not be granted protection if it conflicts with the name of 
an earlier, protected or other, plant variety or animal breed and as a result is likely to mislead 
consumers a s to the origin of the product.  
 
Eligibility for protection , right to protection  
 
Section 107 
 
(1) Protection shall be granted for a geographical indication if:  
(a) it satisfies the requirements of Section s 103 and 104 and is not excluded from protection 
under Section s 105 and 106, and 
(b) the application complies with the requirements laid down by this Act.  
(2) Protection of the geographical indica tion may be granted to any natural or legal person,  
who produces, processes or prepares, in the defined geographical area, a product for which the 
designation of that geographical indication is used. 
(3) The protection of a geographical indication shall be long jointly to the persons who 
produce, process or prepare products in accordance with paragraph (2 ) (hereinafter “ holders”).  
(4) Foreigners shall be entitled to the protection of a geographical indication only on the 
basis of an international agreement or subject to reciprocity. As to the existence of reciprocity, 
the opinion of the President of the Hungarian Intellectual Property Office shall prevail.  
 
Commencement and term of protection  
 
Section 108 
 
(1) Protection of the geographical indication shall commence upon registration, and it shall 
be effective retroactively from the date of filing of the application.  
(2) Protection of geographical indications shall be granted for an unlimited time.  
 
Rights conferred by  protection  
 
Section 109 
 
(1) Protection shall entitle the holder s to the exclusive right to use the geographical 
indication. Only the holder s may use the geographical indication, and t hey may not license the 
right of use to third parties. 
(2) On the basis of the exclusive right of use, any  holde r shall be entitled to take measures 
against any  person who, in the course of trade  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
62 
 (a) uses the protected geographical indication or a denomination liable to be confused 
therewith  with respect to products not originating in the defined geographical area;  
(b) uses the protected geographical indication with respect to products not included but 
similar to those in the list of products, and therefore  it is detrimental to, or  takes unfair advantage 
of, the good reputation of the protected geographical indication;  
(c) imitates or evokes in any manner whatsoever the protected geographical indication, even 
if also indicating the true origin of the product, or even if the protected name is translated or 
accompanied by various additions;  
(d) uses any false or misleading indication as to the provenance, origin, nature or essential 
characteristics of the product, no matter where it is  indicat ed (e.g. on the packaging, advertising 
material or documents relating to the product);  
(e) performs any o ther act liable to mislead consumers as to the true geographical origin of 
the product.  
 
Infringement of protection  
 
Section 110 
 
(1) Any person who unlawfully uses a protected geographical indication in contravention of 
the provisions of Article 109, commits an infringement.  
(2) Any of the holders may take action individually against the infringement. Interest groups 
of the holders and consumer protection organisations may also take action against the 
infringement.  
(3) For the civil remedies available against the infringer, the provisions of Section  27, and 
for the customs law consequences of infringement, the provisions of Section  28 shall apply 
accordingly.  
 
Termination of protection  
 
Section 111 
 
(1) Protection of a geographical indication shall terminate : 
(a) if the protection is declared invalid , with retroactive effect to the date of filing of the 
application;  
(b) if the holders have violated the requirements prescribed in the product specification, with 
retroactive effect to the starting date of the proce edings for revocation. 
(2) Protection shall be declared invalid if the geographical indication does not meet the 
requirements prescribed in Section  107(1)(a).  
(3) The protection of a geographical indication of spirit drinks shall be revoked if the 
designated inspecting organ establishes serious defects, related to the product specification, in 
the use of the geographical indication, which cannot be remedied in any other way.  
(4) If a request for a declaration of invalidity or revocation has been rejected by a final and 
binding decision, no new proceedings  for invalidity or revocation shall be instituted by any 
person based on the same facts in respect of the same geographical indication. 
 
Chapter XVII  
 
PROCEDURES CONCERNING THE PROTECT ION OF GEOGRAPHICAL 
INDICATIONS  
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
63 
 General provisions governing procedures before the Hungari an Intellectual Property 
Office  
 
Section 112 
 
(1) The Hungarian Intellectual Property Office shall have material competence in the 
following matters concerning geographical indications:  
(a) registration of geographical indications; 
(b) declaration of invalidity and revocation of protection;  
(c) keeping the records of applications for the protecti on of geographical indications and of 
registered geographical indications;  
(d) official information on the protection of geographical indications.  
(2) The Hungarian Intellectual Property Office shall also have material competence in 
matters arisen from the application of provisions relating to the European Union protection of 
certain geographical indications and to the international registration of appel lations of origins 
(Chapters XVII/A to XVII/B).  
(3) In invalidity proceedings  and in revocation proceedings , the Hungarian Intellectual 
Property Office shall proceed and adopt  decisions in hearings  held by a panel of three members.  
(4) The Hungarian Intell ectual Property Office may  amend or withd raw its decisions 
concluding the following proceedings  only upon a request for review  and before  such request 
is forwarded to the court:  
(a) registration of geographical indications; 
(b) declaration of invalidity of  geographical indications;  
(c) revocation of protection of geographical indications;  
(d) [repealed]  
(e) forwarding of international applications for the registration of appellation of origins;  
(f) final refusal of the protection of an appellation of origin registered by the International 
Bureau extending to Hungary.  
(5) The Hungarian Intellectual Property Office may  amend or withdraw its decisions 
concluding the proceedings  under  paragraph (4)(b) and  (c) upon a request for review  only if it 
establishes that its decision is in breach of a law or if the parties unanimously request the 
amendment or withdrawal  of the decision.  
(6) In all other procedures before the Hungarian Intellectual Property Office, the p rovisions 
of Chapters VII and VIII shall apply accordingly.  
(7) to (9 ) [repealed]  
 
Procedure for registrat ion of geographical indications  
 
Section 113 
 
(1) An application for the registration of a geographical indication shall contain a request for 
registration, the name of the geographical indication, the list of products and the other 
attachments. The application shall contain the data specified in Section  38(2b). In all other 
respects , the applic ation shall be filed in compliance with the detailed requirements laid down 
in laws on the detailed formal requirements of applications for geographical indications and on 
the electronic filing of industrial property applications . 
(2) An application for th e registration of a geographical indication shall be subject to a n 
application fee determined by the law on fees for administrative services in industrial property 
procedures , which fee shall be paid within two months from the date of filing.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
64 
 (3) If, upon filing or as a result of rectifying the irregularities , an application for the 
registration of a geographical indication meets the requirements for according a date of filing, 
the Hungarian Intellectual Property Office shall publish official information thereon in its 
official gazette (communication of data). Communication of data shall specifically contain the 
following data:  
(a) the name of the geographical indication;  
(b) the date of filing of the application; 
(c) the list of products.  
(4) After the communication of data in proceedings  for the registration of a geographical 
indication, observation may be filed with the Hungarian Intellectual Property Office to the 
effect that the indication or the application does not comply with a requireme nt of registrability 
laid down by this Act.  
(5) If an application for the registration of a geographical indication meets the requirements 
examined under Section  55, the Hungarian Intellectual Property Office shall carry out a 
substantive examination of th e application. The substantive examination shall assess 
(a) whether the geographical indication meets the requirements of Section  103 and whether 
it is not excluded from protection under Section s 105 and 106; and  
(b) whether the application complies with the requirements laid down by this Act. 
(6) [repealed]  
(7) In proceedings  for the registration of geographical indications, in matters not regulated 
in paragraphs (1)  to (5), the provisions of Chapter IX shall apply accordingly, with the proviso 
that any reference to the list of goods or services shall be construed as a reference to the list of 
products. 
 
Section 113/A  
 
(1) If the registration of a geographical indication of a spirit drink is requested in an 
application for the registration of a geographical indication, the provisions of Section  113 shall 
apply subject to the following exceptions:  
(a) beyond those specified i n Section  113(1), the application for the registration of a 
geographical indication shall also contain the product specification provided for by a specific 
law; 
(b) the Hungarian Intellectual Property Office shall carry out the examination on filing 
(Section s 55 to 56)  and of formal requirements ( Section  59) with priority;  
(c) if the application meets the requirements examined under point ( b), the Hungarian 
Intellectual Property Office shall send the copies of the documents of the matter with priority 
to the minister responsible for agricultural policy (hereinafter “minister”);  
(d) on the basis of the proceedings  carried out under a specific law for the examination of 
product specifications, the minister shall issue a statement to the Hungarian Intellec tual 
Property Office within nine months from sending the documents pursuant to point  (c) whether 
he agrees, with regard to the product specification, with the registration of the geographical 
indication; the Hungarian Intellectual Property Office, by sendi ng the decision simultaneously, 
shall inform the m inister that the decision on the registration of the geographical indication has 
become final and binding;  
(e) the applicant may, before the decision on the registration of the geographical indication 
becomes final and binding, submit a statement to the Hungarian Intellectual Property Office 
whether he request s European Union protection for his geographical indicat ion of spirit drinks . 
(2) For the procedure on the amendment of the product specification related to the registered 
geographical indication of a spirit drink the provisions of paragraph (1 ) shall apply accordingly. 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
65 
 Invalidity and revocation procedure 
 
Section 114 
 
In proce edings for declaration of invalidity of the protection of geographical indications, the 
provisions of Section s 72 to 74, and in  procee dings for revocation, the provisions of Section s 
75 and 76 shall apply accordingly.  
 
Court procedure  concerning the protect ion of geographical indications  
 
Section 115 
 
In court proceedings  concerning the protection of geographical indications, the provisions 
of Chapters XI a nd XII shall apply accordingly.  
 
Inspection of the geographic al indications of spirit drinks  
 
Section 116 
 
Inspection in accordance with the requirements under Section  104 of the use of geographical 
indications of spirit drinks employed in the course of trade shall fall within the material 
competence of the author ity designated by specific law.  
 
PART EIGHT  
 
RULES ON EUROPEAN UNION PROTECTION OF CERTAIN GEOGRAPHICAL 
INDICATIONS AND THE INTERNATIONAL REGISTRATION OF 
APPELLATIONS OF ORIGIN  
 
Chapter XVII/A  
 
PROVISIONS CONCERNING THE EUROPEAN UNION PROTECTION OF 
GEOGRAPHICAL INDICATIONS OF AGRICULTURAL PRODUCTS AND 
FOODSTUFFS, VINE AND WINE PRODUCTS, AROMATISED WINE PR ODUCTS AS 
WELL AS SPIRIT DRINKS  
 
Section 116/A  
 
(1) European Union protection of geographical indications of agricultural products and 
foodstuffs shall be governed by the provisions of Regulation (EU) No 1151/2012 of the 
European Parliament and of the Council . 
(2) European Union protection of geographical indications of vine and wine products shall 
be governed by the provisions of Regulation (EU) No 1308/2013 of the Europea n Parliament 
and of the Council, and Union protection of geographical indications of aromatised wine 
products shall be governed by the provisions of Regulation (EU) No 251/2014 of the European 
Parliament and of the Council . 
(3) In matters falling within th e competence of the Member States pursuant to Regulation 
1151/2012, Regulation 1308/2013, and Regulation 251/2014, the minister and the Hungarian 
Intellectual Property Office shall proceed.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
66 
 (4) Applications under Article 49 of Regulation 1151/2012, Article  94 (1) of Regulation 
1308/2013 and Article 10 (1 ) of Regulation 251/2014 (for the purposes of this Chapter 
hereinafter jointly “the application” ) shall be filed with the minister. The minister shall, without 
delay , forward the application complying with t he requirements provided for by a specific law 
to the Hungarian Intellectual Property Office.  
(5) The Hungarian Intellectual Property Office shall, as a matter of priority , examine whether 
the application meets  
(a) the requirements of Articles 5 to 6 of Regulation No 1151/2012 in the case of agricultural 
products and foodstuffs;  
(b) the requirements of Articles 93, 100 and 101 of Regulation No 1308/2013 in the case of 
vine and wine products;  
(c) the requirements of Articles 2, 17 and 18 of Regulation No 251/2014 in the case of 
aromatised wine products. 
(6) The examination of the Hungarian Intellectual Property Office shall not ascertain 
whether a link exists  
(a) between an agricultural product or a foodstuff and the geographical name, as laid down 
in Article 5  (1) and (2)  of Regulation 1151/2012;  
(b) between a vine or wine product and the geographical name, as laid down in Article 
93 (1 ) (a) and (b ) of Regulation 1308/2013, 
(c) between an aromatised wine product  and the geographical name, as laid down in Article 
2 (3) of Regulation No 251/2014. 
(7) The Hungarian Intellectual Property Office shall issue a statement to the minister within 
two months from the receipt of the application on whether  it, considering  the requirements 
examined under paragraph (5), agrees with the forwarding of the application to the European 
Commission, as laid down in paragraph (9).  
(8) Upon the statement of the Hungarian Intellectual Property Office under paragraph 
(7) and the detailed examination of the application as provided for by a law, the minister shall 
publish the application in the official gazette of the ministry he is in charge of . Objections may 
be filed against the application within two months from the date of publicat ion, a s laid down in 
Article 49 (3) of Regulation 1151/2012, Article 96(3)  and (4)  of Regu lation 1308/2013 and 
Article 13 (3) and (4)  of Regulation 251/2014. The Minister shall adjudicate the objection in its 
decision under paragraph (9), in agreement with the Hungarian Intellectual Property Office if 
industrial property issues are involved.  
(9) The minister shall decide within nine months from the filing of the application, in 
conformity with the statement of the Hungarian Intellectual Property Office and follo wing its 
detailed examination as laid down by  the law, whether the application complies with the 
requirements laid down by this Act and by other laws . The minister shall publish the decision 
together with the product specification in the official gazette of the ministry he is in charge of . 
In the case of a final and binding decision in favour of the applicant, the minister shall forward 
the details and documents re ferred to in Article 8 (2) of Regulation 1151/2012 or in Article 
13(5) (b) of Regulation 251/2014 to the European Commission.  
(10) The favourable decision under paragraph (9)  shall confer transitional protection in 
accordance with the first subparagraph of Article 9 of Regulation 1151/2012 and Article 
13(7)  of Regulation 251/2014 with effect from the  date on which the application is filed with 
the European Commission. The minister shall notify the applicant of the date of the 
establishment of transitional protection. An applicant whose geographical indication has been 
granted transitional protection m ay also take action against infringement; however, the 
proceedings shall be suspended until the decision of the European Commission on the 
application has become final and binding.  
(11) The provisions of paragraphs (1)  to (10)  shall apply accordingly  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
67 
 (a) to applications for an amendment of the product specification filed under Article 53 of 
Regulation 1151/2012 and to requests for cancellation filed under Article 54 in the case of 
agricultural products and foodstuff;  
(b) to applications for an amendment of  the product specification filed under Article 105 of 
Regulation 1308/2013 and to requests for cancellation filed under Article 106 in the case of 
vine and wine products;  
(c) to applications for an amendment of the product specification filed under Article  24 of 
Regulation 251/2014 and to requests for cancellation filed under  Article 25 in the case of  
aromatised wine products. 
(12) The objections under the second subparagraph of Article 51(1 ) of Regulation 
1151/2012, the second subparagraph of Article 98 of  Regulation 1308/2013 and the second 
subparagraph of Article 15 of Regulation 251/2014 shall be filed with the minister within four 
months from the date of publication in the Official Journal of the European Union of the detail 
and document referred to in Article 50(2 )(a) of Regulation 1151/2012, Article 97(3 ) of 
Regulation 1308/2013 and Article 14(3 ) of Regulation 251/2014. The tasks of a Member State 
relating to objections shall be performed by the minister, in agreement with the Hungarian 
Intellectual Pr operty Office if industrial property issues are involved.  
(13) The provisions of Section s 27 to 28 and Chapter XII shall apply accordingly  
(a) if the acts referred to in Article  13(1)  of Regulation 1151/2012 were committed, which 
infringe European Union protection of geographical indications and designations of origin for 
agricultural products and foodstuffs or transitional protection provided for in paragraph (9);  
(b) if the acts referred to in Article 103(2 ) of Regulation 1308/2013 were committed , which  
infringe European Union protection of geographical indications and designations of origin for 
vine and wine products or transitional protection provided for in paragraph (9),  
(c) if the acts referred to in Article 20(2 ) of Regulation 251/2014 were committed which 
infringe European Union protection of geographical indications and designations of origin or 
transitional protection provided for in paragraph (9), in the case of  aromatised wine products.  
 
Section 116/B  
 
(1) The provisions of Regulation (EC ) No 110/2008 of the European Parliament and of the 
Council of 15 January 2008 on the definition, description, presentation, labelling and the 
protection of geographical indications of spirit drinks and repealing Council Regulation 
(EEC ) No 1576/89 (hereinafter  “Regulation 110/2008”)  shall apply to the European Union 
protection of geographical indications of spirit drinks . Pursuant to Regulation 110/2008, the 
minister shall proceed in matters falling within the material competence of a Member State.  
(2) If the a pplicant has submitted a statement under Section  113/A(1)(e), the Hungarian 
Intellectual Property Office shall inform the minister thereon in the notification under Section  
113/A(1)(d). Failing to submit a statement under Section  113/A(1) (e) the applicant may request 
at any time to have the proceedings  for granting Union protection to the geographical indication 
conducted after the decision on the registration of the geographical indication of a spirit drink 
becomes final and binding; the request must be filed with the minister. The minister shall submit 
the application pursuant to Article 17(1)  of Regulation 110/2008 within sixty days from the 
notification of the Hungarian Intellectual Property Office, or from the filing of the request of 
the right  holder.  
(3) In the case of the amendment pursuant to Se ction  113/A(2)  of the product specification 
relating to a geographical indication of spirit drinks under European Union protection, the 
provisions of paragraph (2)  shall apply accordingly.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
68 
 (4) If the acts referred to in Article 16 of Regulation 110/2008 we re committed , which 
infringe European Union protection of geographical indications of spirit drinks, the provisions 
of Section s 27 and 28 and Chapter XII shall apply accordingly.  
 
Section 116/C  
 
(1) In matters not regulated in Section s 116/A and 116/B the provisions of a specific law 
shall apply. This specific law may provide that the verification of compliance with the product 
specification may also be conducted by the following bodies:  
(a) in the case of agricultural products and foodstuffs, the product certification bodies under 
Article 37(1 ) of Regulation 1151/2012;  
(b) in the case of spirit drinks, the product certification bodies under Article 22(1)  of 
Regulation 110/2008;  
(c) in the case of vine and wine products the authoriti es or bodies verifying compliance 
referred to in Article 94(2 )(i) of Regulation 1308/2013 and in the case of aromatised wine 
products, the product certification bodies referred to in Article 23 of Regulation 251/2014.  
(2) The specific law referred to in pa ragraph (1)  
(a) may provide conditions for the production and placement on the market of agricultural 
products and foodstuffs, spirit drinks, vine and wine products and aromatised wine products 
which are granted protection of geographical indication, and 
(b) may prohibit the use of a geographical indication. 
(3) If the producer does not fulfil the condition laid down in paragraph (2)(a) or does not 
comply with the prohibition under paragraph (2 )(b) and continues to use the geographical 
indication for a product which is not in compliance with the product specification, the producer 
shall pay a fine of an amount determined by a specific law . 
(4) The minister shall keep a register of the geographical indications  of domestic products 
under protection and publish the register on the website of that ministry.  
(5) The register under paragraph (4)  shall contain  
(a) the geographical indication under protection,  
(b) the date of the establishment of transitional protection as defined  in Section 116/A(10),   
(c) the date of publication of the summary sheet, uniform document or product specification 
of the geographical indication under protection, 
(d) the date of registration of the name in the European Union register, and  
(e) in the cases of  points (c) and (d), reference to the Official Journal of the European Union.  
(6) In respect of the data referred to in paragraph (5 )(b), the register under paragraph (4 ) shall 
qualify as a public register.  
 
Chapter XVII/B  
 
RULES ON THE INTERNATIONAL REGISTR ATION OF APPELLATIONS OF 
ORIGIN 
 
General provisions  
 
Section 116/D  
 
(1) For the purposes of this Act, 
(a) application for the international registration of an appellation of origin (hereinafter 
“international application” ) mean s an application filed under the Lisbon Agreement of October Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
69 
 31, 1958 for the Protection of Appellations of Origin and their International Registration (for 
the purposes of this P art, hereinafter “Agreement”);  
(b) International Bureau mean s the Internationa l Bureau of the World Intellectual Property 
Organization;  
(c) international register mean s the register maintai ned by the International Bureau of 
appellations of origin filed under the Agreement;  
(d) Office of the country of origin  mean s the Office of the country of origin having territorial 
competence as defined in Article 2(2 ) of the Agreement.  
(2) If this Act refers to the application of the Agreement, it shall be construed as also meaning 
the application of the Regulations under the Agreement. 
(3) Unless otherwise provided in the Agreement, the provisions of this Act shall apply 
accordingly to international applications with the exceptions laid down in this Chapter. 
(4) [repealed]  
 
Applications filed through the intermediary of the Hungari an Intelle ctual Property Office  
 
Section 116/E  
 
(1) The holder of an appellation of origin registered by the Hungarian Intellectual Property 
Office [ Section  107(3)] may file an international application with the International Bureau 
through the Hungarian Intellectual Property Office as O ffice of the country of origin.  
(2) The international application shall be filed with the Hungarian Intellectual Property 
Office as Office of the country of origin in compliance with the formal requirements, in the 
manner and in the language prescribed by the Agreement.  
(3) If the international application is filed before the registration of the appellation of origin 
referred t o in paragraph (1), the date of registration of the appellation of origin shall be 
considered the date of filing.  
 
Section 116/F  
 
(1) Prior to forwarding the international application, the Hungarian Intellectual Property 
Office shall examine 
(a) whether a request to forward the application has been filed, whether it contains the data 
specified in Section  38(2b), and whether the application contains the indication of the country 
of origin, the name and address or registered seat of the applicant, the appellation of origin, the 
list of products and the geographical area belonging to the appellation of origi n; 
(b) whether the data of the application are in compliance with the data of the appellation of 
origin referred to in Section  116/E(1)  as appearing in the r egister;  
(c) whether the application has been filed in the language and in the manner prescribed by  
the Agreement;  
(d) whether the application is signed by the applicant or by his representative. 
(2) Where the request to forward the application or the application does not comply with the 
requirements of paragraph (1), the Hungarian Intellectual Property  Office shall invite the 
applicant to rectify the irregularities. If, even after rectification, the request to forward the 
application still fails to comply with the said invitation, the Hungarian Intellectual Property 
Office shall reject the request to fo rward the international application. If the request to forward 
the application cannot be rejected but, even after rectification, it still does not satisfy the 
requirements specified in paragraph (1), the international application shall be forwarded to the 
International Bureau in the form as filed by the applicant . 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
70 
 Section 116/G  
 
(1) The forwarding of the international application shall be subject to a forwarding fee 
determined by a specific law to be paid to the Hungarian Intellectual Property Office, and the 
international application shall be subject to an international fee determined by the Agreement 
to be paid to the International Bureau.  
(2) The forwarding fee referred to in paragraph (1 ) shall be due on the date of receipt of the 
international application. If the fee is not paid within one month following the due date, the 
request to forward the international application shall be considered withdrawn. 
(3) The international fee referred to in paragraph (1 ) shall be paid directly to the International 
Bure au, within the time limit and in the manner prescribed by the Agreement.  
(4) In the case of international applications filed through the intermediary of the Hungarian 
Intellectual Property Office, the date and number of the international registration shall  be 
recorded in the register.  
 
Section 116/H  
 
The international protection of an appellation of origin shall terminate if the protection of 
the underlying appellation of origin has terminated . 
 
International appellations of origin registered by the International Bureau  
 
Section 116/I  
 
(1) An international appellation of origin registered by the International Bureau shall have 
the same effect from the date specified in Rule7  (1) of the Regulations under the Agreement as 
an application for the registra tion of an appellation of origin duly filed with the Hungarian 
Intellectual Property Office.  
(2) If the Hungarian Intellectual Property Office does not refuse, under Article 5(3)  of the 
Agreement, protection of the appellation of origin extended to Hungary  or withdraws  the 
refusal, t he international registration shall result , from the date defined in paragraph (1) , in 
protection to the same effect as a registration by the Hungarian Intellectual Property Office.  
 
Section 116/J 
 
(1) Following the notification of the international registration, the Hungarian Intellectual 
Property Office shall publish official information on the international application in its official 
gazette (communication of data). The communication of data shall contain the following data:  
(a) the name of the appellation of origin;  
(b) the number of the international registration; 
(c) the date of the international registration; 
(d) the date of publication in the Gazette of the International Bureau and the number of the 
issue of the Gazette containing the publication. 
(2) If the Hungarian Intellectual Property Office does not refuse, under Article 5(3)  of the 
Agreement, protection of the appellation of origin extended to Hungary or withdraws the 
refusal, it shall publ ish official information thereon in its official gazette indicating the data 
referred to in paragraph (1). 
 
 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
71 
 Section 116/K  
 
(1) After the communication of data, observation may be filed with the Hungarian 
Intellectual Property Office to the effect that th e appellation of origin constituting the subject 
matter of the application or the application itself does not comply with any  of the  requirement s 
of registrability laid down by this Act.  
(2) With respect to the international application registered by the International Bureau, the 
Hungarian Intellectual Property Office shall draw up a search report under Section  60 and shall 
carry out a substantive  examination under Section  113(5).  
(3) If the i nternational application does not meet the requirements examined under Section  
113(5), the International Bureau shall be notified in the manner and within the time limit laid 
down by the Agreement (provisional refusal).  
(4) If the application is to be refu sed [Section  61(4)] or is to be considered withdrawn 
[Section  61(5) ], the Hungarian Intellectual Property Office shall notify the International Bureau 
that the protection of the appellation of origin extending to Hungary is refused (final refusal ). 
(5) If the Hungarian Intellectual Property Office does not issue any notice of provisional 
refusal  under paragraph (3), the first day after the expiry of the time limit prescribed for 
provisional refusal  shall be considered as the date of registration.  
(6) If the Hungarian Intellectual Property Office finds before the expiry of the time limit 
prescribed for provisional refusal  that there is no ground to issue a provisional refusal , it shall 
notify the International Bureau of the recognition of the protection. The date of the notification 
on the recognition of the protection shall be considered as the date of registration . 
(7) If the Hungarian Intellectual Property Office withdraw s the provisional refusal  in whole 
or in part after the substantive examination, it shall, after the decision on withdrawal has become 
final and binding , notify the International Bureau of the recognition of the protection. The date 
of the decision on the  withdrawal shall be considered as the date of registration . 
 
PART NINE  
 
FINAL PROVISIONS  
 
Chapter XVIII  
 
ENTRY INTO FORCE; TRAN SITIONAL AND AMENDED PROVISIONS  
 
Rules on the entry into force of the Act and laying down transitional provisions  
 
Section 117 
 
(1) This Act shall enter into force on 1 July 1997; its provisions shall apply, with the 
exceptions set out in paragraph (2), only to proceedings  commenced after its entry into force.  
(2) The provisions of Section  42 shall apply accordingly  to pending matters as well.  
(3) Matters of the scope of trade mark protection, concept of the use of a trade mark and 
trade mark infringement, related to a trade mark used before the entry into force of the Act, 
shall be governed by the previously applicable provisions.  
(4) The time limits prescribed by this Act for legal consequences attached to acquiescence 
and failing to use the trade mark shall begin on the day of entry into force at the earliest. 
Pursuant to the previously applicable provisions, trade mark protection may be revoked even if 
the five years during which the trade mark has not been used in the country expires after the 
entry into force of this Act.  Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
72 
 (5) Sections 76/P(5)  to (5e ) of this Act provided for by Act CXLVIII of 2010 on the 
Necessary Amendments Relating to Act XLI I of 2010 on the Listing of the M inistries of the 
Republic of Hungary and on the A mendment of C ertain Industrial Property Acts shall also be 
applicable to cases already pending on 1 January 2011. 
 
Section 118 
 
(1) By way of derogation from Section  103(3), certain geographical names, traditionally 
used for foodstuffs, shall be considered  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 a dhered 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 Act.  
(3) By virtue of this Act, protection shall also be granted to appellations of origin which were 
recorded, before the entry into force of this Act, in the separate 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 be published in the official gazette of the Hungarian Intellectual Property 
Office.  
 
Section 119 
 
(1) In respect of  
(a) the rights conferred by trade mark protection, the concept of the use of a trade mark  and, 
with the exception of the issue of exhaustion of rights, trade mark infringement, in case of the 
use of a trade mark commenced before 1 May 2004, and to the extent of the use on 1 May 2004,  
(b) the exhaustion of rights conferred by trade mark protect ion, in case of the use of a trade 
mark realized before 1 May 2004,  
the provisions of this Act in force on 30 April 2004 shall apply.  
(2) A European Union trade mark as an earlier trade mark shall only be regarded as a relative 
ground for refusal if the tr ade mark application was filed with the Hungarian Intellectual 
Property Office or the application designating Hungary has been filed with a filing date after 1 
May 2004, or the trade mark has been registered with such a filing date.  
(3) The trade mark prot ection effective on 1 May 2004 and the trade mark protection 
established with a filing date earlier and a registration date later than 1 May 2004, may be 
renewed pursuant to the provisions of this Act. 
(4) The provisions laid down in Section  91(1)  effectiv e from 1 January 2008 shall apply in 
proceedings  pending on 1 January 2008.  
(5) The provisions laid down in Section  3(2) effective from 1 August 2009 shall apply in 
proceedings  pending on 1 August 2009.  
 
Section 120 [repealed]  
 
Section 120/A  
 
The provisions of this Act as established by Act L of 2017 amending certain Acts in respect 
of the entry into force of the Act on the Code of G eneral A dministrative Procedure and the Act Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
73 
 on the Code of A dministrative Court Procedure shall apply to proce edings commenced or 
repeated after the entry into force of the above mentioned Amending Act.  
 
Section 120/B  
 
(1) The provisions of this Act  set forth by Act LXVII of 2018 shall apply, with the 
derogations and additions set out in paragraphs (2) to (5), in pr oceedings initiated on 1 January 
2019 or thereafter.  
(2) The provisions of this Act in force on 31 December 2018 shall apply to the conditions of 
invalidity or revocation of trade marks registered with a filing date preceding 1 January 2019, 
with the dero gation that the provisions in force  as of 1 January 2019 shall apply if a trade mark 
registered with a filing date preceding the entry into force of these provisions is renewed 
following the entry into force. Where a trade mark so renewed is declared invalid, trade mark 
protection shall terminate with retroactive effect to the date of expiry of the previous period of 
protection. The derogation shall not apply if the conditions for a declaration of invalidity of the 
trade mark existed pursuant to the provisions of this Act effective on 31 December 2018.  
(3) Section 52(6) of this Act, as laid down by Act LXVII of 2018, shall apply to trade mark 
applications with a filing date of 1 January 2019 or thereafter, as well as to trade marks 
registered on the basis of these applications.   
 (4) To the use of a trade mark started prior to 1 January 2019, to the extent of that use up to 
1 January 2019, the provisions of this Act in force  on 31 December 2018 shall apply in respect 
of the rights conferred by trade mark protection and the limitations thereof, of the definition of 
trade mark use, and of trade mark infringement. 
 (5) Section 65(3) to (5) of this Act, as laid down by Act LXVII of 2018, shall apply to trade 
marks the protection of which expires after 30 June 2019. To the protection of trade marks that 
expires earlier, Section  65(3) to (4), as effective on 31 December 2018, shall apply.  
 
Authoris ations  
 
Section 121 
 
(1) The Government shall be authoris ed to:  
(a) [repealed]   
(b) determine in a decree the detailed rules concerning the procedure for the protection of 
geographical indications of agricultural products and foodstuffs, spirit drinks, vine and wine 
products as well as aromatised wine products, concerning the inspection of products and the 
procedural costs related thereto, concerning the amounts of fines which may be imposed during 
inspection, and concerning the filing of the product specification in the case of spiri t drinks 
which are granted protection under Article  20 of Regulation 110/2008, vine and wine products 
which are granted protection under Article 107 of Regulation 1308/2013 and aromatised wine 
products which are granted protection under Article 26 of Regul ation 251/2014, and concerning 
the relevant conditions for placing the product on the market and for production, as well as 
concerning the area of prohibition of the use of geographical indications and to designate the 
inspecting authority or authorities. 
(2) The minister responsible for justice shall be authoris ed to determine in a decree, after 
seeking the opinion of the President of the Hungarian Intellectual Property Office and in 
agreement with the minister exercising the rights of supervision over the  Hungarian Intellectual 
Property Office, the detailed formal requirements for trade mark applications and for 
applications for the protecti on of geographical indications. 
 Act XI of 1997  
on the Protection of Trade Marks and Geographical Indications  Consolidated text ( 01.01.2019 ) 
 
74 
 Compliance wit h the law of the European Union  
 
Section 122 
 
(1) This Act serves the purpose of compliance with 
(a) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 
on the enforcement of intellectual property rights; and 
(b) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 
2015 to approximate the laws of the Member States relating to trade marks. 
(2) This Act contains provisions necessary for the implementation of the following legal acts 
of the European Union  
(a) Regulation (EU) 2017/1001 of the European Parliament  and of the Council of 14 June 
2017 on the European Union trade mark;  
(b) Regulation (EU) No  1151/2012 of the European Parliament and of the Council of 
21 November 2012 on quality schemes for agricultural products and foodstuffs ; 
(c) Commission delegated R egulation (EU) No 664/2014 of 18 December 2013 
supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council 
with regard to the establishment of the Union symbols for protected designations of origin, 
protected geographical indic ations and traditional specialities guaranteed and with regard to 
certain rules on sourcing, certain procedural rules and certain  additional transitional rules; 
(d) Chapter III of Regulation (EC) No 110/2008 of the European Parliament and of the 
Council of  15 January 2008 on the definition, description, presentation, labelling and the 
protection of geographical indications of spirit drinks and repealing Counc il Regulation (EEC) 
No 1576/89;  
(e) Section 2 of Chapter I of Title II of Part II of Regulation (EU)  No 1308/2013 of the 
European Parliament and of the Council of 17 December 2013 establishing a common 
organisation of the markets in agricultural products and repealing Council Regulations (EEC) 
No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, for the European 
Union protection of geographical indications of vine and wine products ; 
(f) Chapter III of Regulation (EU) No  251/2014 of the European Parliament and of the 
Council of 26 February 2014 on the definition, description, presentation, labelling and the 
protection of geographical indications of aromatised wine products and repealing Council 
Regulation (EEC) No 1601/91, for the protection of geographical indications of aromatised 
wine products . 