Defense of IR-TM

Hungary has 12 months to react for an extension of an international trademark (IR-TM) according to both the Madrid Agreement and Protocol.

The rules handling of international trademarks in Hungary are basically the same as at filing national applications. According to these rules the Hungarian Patent Office only issues a provisional refusal upon absolute grounds for refusal. As of relative grounds the Office notifies the applicant through the International Bureau. The holders of previous rights may file opposition against the trademark in concern within 3 months. In case of successful opposition or if the applicant does not appeal or the appellation is rejected, the Hungarian Patent Office with a final resolution refuses granting the protection.

Although international trademarks are being registered by the International Bureau of WIPO, as from the perspective of Hungarian law, the day of registration considered to be the day after the end of the period open for provisional refusal or when the Office partly or totally revokes its provisional decision.

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