Gábor Kerekes J.

Trademark registration in Hungary is a key element of effective brand protection and long-term business strategy. A registered trademark grants exclusive rights that allow businesses to safeguard their brand identity, commercial reputation and market position against unauthorized use by competitors or third parties. In an increasingly competitive and digitalized marketplace, trademarks often rank among a company’s most valuable intangible assets.

Hungary operates under a first-to-file principle, meaning that trademark rights are generally acquired through registration rather than prior use. As a result, businesses that delay filing a trademark application risk losing legal protection even if they have already been using the mark in commerce. Early trademark registration is therefore crucial, particularly in industries where brand recognition and differentiation play a decisive role.

Trademark protection in Hungary is governed primarily by Act XI of 1997 on the Protection of Trademarks and Geographical Indications, which is fully harmonized with European Union trademark law. Trademark applications are examined and registered by the Hungarian Intellectual Property Office (HIPO) (Szellemi Tulajdon Nemzeti Hivatala). A successfully registered Hungarian trademark provides enforceable exclusive rights and a solid legal basis for brand expansion, licensing and enforcement.

What qualifies as a trademark and why registration matters?

Under Hungarian law, a trademark is any distinctive sign capable of distinguishing the goods or services of one undertaking from those of others. Trademarks may consist of words, names, logos, slogans, figurative elements or combinations thereof, provided that they can be clearly represented in the trademark register and are capable of indicating commercial origin.

Registration with HIPO grants the trademark owner the exclusive right to use the mark in relation to the goods and services specified in the application and to prevent third parties from using identical or confusingly similar signs without authorization. Trademark protection is granted for an initial period of ten years from the filing date and may be renewed indefinitely for successive ten-year terms upon payment of the applicable renewal fees.

Beyond legal protection, trademark registration also enhances commercial value. A registered trademark may be licensed, assigned or enforced, making it a valuable asset in transactions, investments and corporate restructurings. For brand owners operating in or entering the Hungarian market, timely and well-considered trademark registration is therefore an essential step toward long-term business security.

Before You apply - search and strategy

Before filing a trademark application, conducting a comprehensive trademark search is a critical preparatory step. A pre-filing search helps identify earlier trademarks that may be identical or confusingly similar to the proposed mark and that could block registration or give rise to opposition proceedings.

Trademark searches typically cover the Hungarian trademark register as well as relevant European Union databases, such as TMview and EUIPO eSearch, which provide access to national, EU and international trademark records. Although a trademark search is not legally mandatory, it is strongly recommended from both a strategic and cost-efficiency perspective. Identifying risks at an early stage allows applicants to refine the trademark or adjust the scope of goods and services, thereby avoiding unnecessary delays and additional costs. Many brand owners therefore involve IP lawyers at this stage to assess registrability and define an appropriate filing strategy.

Filing and examination of trademark applications

The trademark registration process begins with filing an application with HIPO. The application must clearly identify the applicant, contain a precise representation of the trademark and specify the goods and services to be covered, using the internationally recognized Nice Classification. The scope of trademark protection is limited to the goods and services listed in the application and cannot be extended retrospectively, making careful drafting essential.

Trademark applications may be filed electronically through HIPO’s online system or submitted in paper form, with electronic filing generally preferred due to its efficiency. Applicants without a registered seat or residence in Hungary are required to appoint a local representative, typically a Hungarian attorney or patent attorney. While legal representation is not mandatory for domestic applicants, it is commonly used in practice to ensure procedural compliance and reduce the risk of objections.

Following filing, HIPO conducts a multi-step examination process, including a review of formal requirements, an assessment of absolute grounds for refusal and a search for earlier trademark rights. If the application complies with all legal requirements, it is published in the official trademark gazette, triggering a statutory opposition period. In straightforward cases where no objections or oppositions are raised, trademark registration in Hungary typically takes approximately six to eight months, although the timeline may be extended in more complex matters.

After registration – enforcement, renewal and international considerations

Once registered, a Hungarian trademark confers exclusive rights that allow the owner to prevent unauthorized use of identical or confusingly similar signs in the course of trade. Trademark infringement may be enforced through cease-and-desist demands, court proceedings, injunctions and claims for damages, providing effective tools for protecting brand value and market position. Regular monitoring of the market and trademark registers is advisable to identify potential infringements at an early stage.

Trademark protection is granted for an initial ten-year term and may be renewed indefinitely for further ten-year periods upon payment of renewal fees. Renewal is a relatively straightforward administrative process; however, failure to renew on time results in the loss of trademark rights.

While a Hungarian trademark provides protection within Hungary, businesses with cross-border activities often complement national protection with broader strategies. A European Union trademark offers unitary protection across all EU Member States through a single application, while the Madrid System enables international trademark protection in multiple jurisdictions on the basis of a single registration. These systems coexist with national Hungarian trademarks and may be used in parallel, depending on the geographical scope and long-term objectives of the business.