Why is it good to have a trademark?
2021.05.12.
Have you ever thought about protecting your logo from unauthorised use and copying, but don`t know how to get started, how much it costs or what the exact procedure is?
We can help. A brief overview of the trademark.
What is a trademark?
A trademark is a clearly identifiable designation that you can use to identify certain goods and services, thereby distinguishing your product from other goods and services.
What can a trademark be?
A trademark can be a word or a letter. Commonly used marks are word combinations (including slogans, slogans), graphics (logos), or even a shape or pattern. There is a wide range of possibilities, you can apply for a sound mark, a multimedia mark or even a combination of these.
How long can you use your registered trademark?
A trademark grants the owner an exclusive right to use the mark for 10 years, renewable indefinitely for periods of 10 to 10 years.
Who can obtain trademark protection?
Any natural or legal person can apply for a trade mark registration. It is also possible for several people to obtain a trademark in equal or different proportions (this is called a joint trademark).
What do you need to do to obtain trademark protection?
Trademark "protection" is obtained by registration, which can be applied for at the Hungarian Patent Office (this is the application procedure). The Office will examine your application and decide whether to grant and register it.
When does my trademark protection expire?
Protection will cease if the term of protection (10 years) expires without renewal. In addition, it may expire if the proprietor surrenders the protection, your trade mark is cancelled or you fail to make genuine use of it, i.e. you do not use your protected trade mark.
Can I obtain protection for my trademark abroad?
Yes, it is possible to obtain protection in the European Union (EUIPO) or internationally (WIPO). EU procedures apply to EU countries by definition, whereas with international protection you can file an application in a third country. When filing a foreign application, you must also take into account the trademark regulations in force in the countries of destination.
How long does it take?
At the beginning of the trademark application process, as long as all the necessary documents are available, the application will be filed quickly. If you are applying for a trademark in Hungary, the process will take 10-11 months. If you want to obtain a trademark sooner, the procedure can be accelerated, but there is an administrative fee.
How much will all this cost me?
There are two fees for filing:
- One is the office service fee, which depends on the trademark you want to protect.
- The second is the fee for the procedure before the Office, i.e. the Office fee.
How do I apply for a trade mark?
Feel free to contact our office, where our colleagues will be happy to provide you with more detailed information on the range of documents required for filing, the fees and to answer any further questions you may have.
I have decided I want a trademark, who can I contact?
With us, with confidence. Our office staff are available at the following contact details: tel: +36 46 320 411, e-mail: office@jtkpartners.com
Author: dr. Dóra Somlyai
The above is for general information purposes only and does not constitute legal advice.
The assessment of individual cases will depend on the specific facts and circumstances of each case.
Our firm provides legal opinions and personalised advice only on a commissioned basis.
Please note the date of publication of this article, as the legal environment may have changed in the meantime and the information contained herein may not be up to date.
