Intellectual Property, Danubia Patent and Law Office LLC updates

Hungary

Contributed by Danubia Patent and Law Office LLC
Lack of distinctiveness of word combination
  • Hungary
  • 15 March 2021

The Hungarian Intellectual Property Office recently rejected an application for the combination word mark BEER, BURGER, BARBECUE FESTIVAL, holding that it was descriptive. It referred to the European Court of Justice's Biomild judgment, which held that word combinations which comprise the juxtaposition of several non-distinctive elements remain descriptive and cannot be considered unusual.

Deception and bad faith in trademark applications
  • Hungary
  • 15 February 2021

The Hungarian Intellectual Property Office and the Metropolitan Tribunal recently rejected an application to register the mark VÁSÁRHELYI TERV. The application was found to be deceptive as in 2003 the government had launched a flood protection programme entitled the 'Development of the Vásárhelyi Terv', named after the famous engineer Pál Vásárhelyi. From the warning letters written by the applicant to the state authorities, it was evident that his goal was to hinder the use of his family name.

Non-registrability of descriptive names
  • Hungary
  • 11 January 2021

The Hungarian Intellectual Property Office (HIPO) recently rejected the registration of the combination word mark ECUMENICAL WORLDMUSIC FESTIVAL. The HIPO referred to an earlier judgment of the European Court of Justice, which held that the combination of several elements which are not distinctive does not result in a distinctive sign. The Metropolitan Tribunal agreed, holding that the registration of non-Hungarian words must be refused if their Hungarian meaning is not distinctive.

Likelihood of confusion decision draws on ECJ case law
  • Hungary
  • 19 October 2020

The Hungarian Intellectual Property Office (HIPO) and the Metropolitan Tribunal recently rejected a word mark application based on European Court of Justice (ECJ) case law. While it seems likely that the HIPO and the Metropolitan Tribunal would have come to the same conclusion without referring to ECJ case law, the guidance was useful for the development of a unified EU doctrine and case law.

Every claim of opposition must be examined
  • Hungary
  • 10 August 2020

The Hungarian Intellectual Property Office (HIPO) recently rejected a trademark opposition in respect of the opponent's prior use and registered the disputed mark. However, as the HIPO failed to consider the opponent's arguments concerning copyright infringement, the Metropolitan Tribunal annulled the decision and ordered a new procedure. In the new procedure, the HIPO must examine whether the opponent sufficiently proved the alleged copyright infringement.


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