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Danubia Patent and Law Office LLC | Hungary | 13 Sep 2021

Earlier name of band versus trademark application

Benkó Dixiland Band was one of the best-known jazz bands in Hungary in the 20th century. When its founder, Sándor Benkó, passed away in 2015, the band ceased to play but its members continued to collect royalties based on, for example, sales of records and discs. This article discusses Benkó's son's unsuccessful application to file for a trademark that was identical to the trade name used by......
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Danubia Patent and Law Office LLC | Hungary | 6 Sep 2021

Problems in respect of acquiescence to prior use

Section 17(1) of the Trademark Act 1977 provides that if a trademark owner tolerates the use of its mark for five years, this constitutes acquiescence. A recent Supreme Court decision established that the conflicting signs do not have to be identical in order for the acquiescence provision to apply.
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Danubia Patent and Law Office LLC | 30 Aug 2021

Preliminary relief in Hungary

In Hungary, preliminary relief against patent and trademark infringement is available via preliminary injunctions. The primary condition for such relief to be granted is that the probability of infringement can be demonstrated. This article discusses the key features of preliminary injunction proceedings in patent and trademark cases and explores how they are used in practice.
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Danubia Patent and Law Office LLC | Hungary | 14 Jun 2021

Conflict of prior trade name and later mark

Priority is a basic institution of trademarks and can be found in the Paris Convention for the Protection of Industrial Property. In a recent decision, the Hungarian Intellectual Property Office cancelled the mark ORSZÁGOS TÉRINFORMATIKAI KONFERENCIA ('National Geographic Conference') on the grounds that the rights in the mark belonged to a different party which had been using the same word......
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Danubia Patent and Law Office LLC | European Union, Hungary | 15 Mar 2021

Lack of distinctiveness of word combination

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.
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Danubia Patent and Law Office LLC | Hungary | 15 Feb 2021

Deception and bad faith in trademark applications

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......
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Danubia Patent and Law Office LLC | European Union, Hungary | 11 Jan 2021

Non-registrability of descriptive names

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......
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Danubia Patent and Law Office LLC | Hungary | 19 Oct 2020

Likelihood of confusion decision draws on ECJ case law

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.
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Danubia Patent and Law Office LLC | Hungary | 10 Aug 2020

Every claim of opposition must be examined

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......
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Danubia Patent and Law Office LLC | Hungary | 3 Aug 2020

Hungarian authorities deem device mark SPIRIT to be misleading

The Hungarian Intellectual Property Office (HIPO) recently issued ex officio a provisional refusal to register the international device mark SPIRIT in Hungary, holding that it was misleading because the word 'spirit' means alcohol, whereas the goods in Class 32 include mineral water, beer and soft drinks, which are not hard liquors. The Metropolitan Tribunal subsequently confirmed the HIPO's......
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