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Amendments to Trademark Laws

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Feb 16, 2023 (Newsletter Issue 3/23)
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Trademark Act Amended

On 1 January 2023, Hungarian Act LV amending several industrial property laws, including the Trademark Act, entered into force. Act LV aims to fine-tune and amend certain aspects of various procedures before the Hungarian Intellectual Property Office (HIPO). The amendments are the result of the HIPO’s practical experience and are primarily aimed to harmonize IP laws with Hungarian procedural legislation, including the Law on Civil Procedure and the Law on General Administrative Procedure.

Some of the main amendments are outlined below:

Deadline Extensions: Deadline extensions before the HIPO have been limited to a minimum of one month and a maximum of three months. Special six-month extension may be granted only in particularly justified cases.

Procedure Suspension: Suspension of adversary trademark proceedings in which several parties are involved can only be granted at the joint request of the parties.

Opposition Proceedings: Licensees who are not recorded in the trademark register are now allowed to file an opposition against a trademark application.

Cancellation Actions: Licensees of an earlier right and unregistered users of an earlier geographical indication can now file cancellation actions based on relative grounds for refusal. Further, the possibility to postpone the hearing in the cancellation proceedings and to accelerate the cancellation actions can be requested.

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