IP/N/1/HUN/2, IP/N/1/HUN/T/3

Hungary

Act XI of 1997 on the Protection of Trade Marks and Geographical Indications

Act LXVII of 2018 on the amendments to certain laws of industrial property (hereinafter referred to as Implementing Act) was published and the new rules are applicable from 1 January, 2019 in Hungary. The Implementing Act predominantly introduces amendments to Act XI of 1997 on the Protection of Trade Marks and Geographical Indications (hereinafter referred to as Trade Mark Act) in order to transpose the Directive (EU) 20 15/2436 of 16 December 2015 to approximate the laws of the Member States relating to trade marks. As the consequence of the amendments, trade mark applications will no longer need to represent marks graphically. The new requirement is that the sign shall be capable of being represented in the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.The amendment also revises the system of absolute and relative grounds for refusal; redefines the scope and limitations of trade mark protection; clarifies the provisions on use of trade marks and details the procedural rules of renewal. Furthermore, the Implementing Act translates changes into the legal text relating to international trade marks in the light of the recent changes in the relationship of the Madrid Agreement and the Madrid Protocol, Due to these changes, the Trade Mark Act reflects the prevalence of the Madrid Protocol.

Act LXVII of 2018 on the amendments to certain laws of industrial property https://mkogy.jogtar.hu/jogszabaly?docid=A1800067.TV (in Hungarian) IP/N/1/EU/4-IP/N/1/EU/T/5 (Directive (EU) 20 15/2436 of 16 December 2015 to approximate the laws of the Member States relating to trade marks)

Hungarian Intellectual Property Office

https://members.wto.org/crnattachments/2019/IP/HUN/19_3065_00_e.pdf
https://members.wto.org/crnattachments/2019/IP/HUN/19_3065_00_x.pdf