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Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated text of January 1, 2019), Hungary

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Year of Version 2019 Dates Entry into force: July 1, 1997 Adopted: March 26, 1997 Type of Text Main IP Laws   Subject Matter Trademarks, Geographical Indications Subject Matter (secondary) Enforcement of IP and Related Laws, IP Regulatory Body, Plant Variety Protection Notes This consolidated text of January 1, 2019 incorporates all the amendments up to 'Act No. LXVII of 2018 on Amendments to Certain Acts on Industrial Property', which was adopted on October 30, 2018, published in the Official Gazette on November 8, 2018, and entered into force on Janaury 1, 2019.

The notification by Hungary to the WTO under article 63.2 of TRIPS states:
'Act LXVII of 2018 on the amendments to certain laws of industrial property (hereinafter referred to as Implementing Act) was published and the new rules are applicable from 1 January, 2019 in Hungary. The Implementing Act predominantly introduces amendments to Act XI of 1997 on the Protection of Trade Marks and Geographical Indications (hereinafter referred to as Trade Mark Act) in order to transpose the Directive (EU) 20 15/2436 of 16 December 2015 to approximate the laws of the Member States relating to trade marks.
As the consequence of the amendments, trade mark applications will no longer need to represent marks graphically. The new requirement is that the sign shall be capable of being represented in the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
The amendment also revises the system of absolute and relative grounds for refusal; redefines the scope and limitations of trade mark protection; clarifies the provisions on use of trade marks and details the procedural rules of renewal.
Furthermore, the Implementing Act translates changes into the legal text relating to international trade marks in the light of the recent changes in the relationship of the Madrid Agreement and the Madrid Protocol, Due to these changes, the Trade Mark Act reflects the prevalence of the Madrid Protocol.'

Available Texts Main text(s) Main text(s) English Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated text of January 1, 2019) PDF HTML Hungarian 1997. évi XI. törvény a védjegyek és a földrajzi árujelzők oltalmáról (Hatály: 2019.I.1-től) PDF HTML
Legislation Implements (8 text(s)) Implements (8 text(s))
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EU232)
Directive (EU) No. 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Text with EEA relevance) (EU213)
Regulation (EU) No. 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No. 1601/91 (EU224)
Commission Delegated Regulation (EU) No. 664/2014 of 18 December 2013 supplementing Regulation (EU) No. 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (EU220)
Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 1037/2001 and (EC) No. 1234/2007 (EU223)
Regulation (EU) No. 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (EU184)
Regulation (EC) No. 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of spirit drinks (EU058)
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (EU053)
 Supersedes (5 text(s)) Supersedes (5 text(s))
Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated text of January 1, 2017)(HU106)
Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated text of March 3, 2014)(HU099)
Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated text of October 25, 2013)(HU090)
Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications (consolidated text of March 9, 2011)(HU041)
Act No. XI of 1997 on the Protection of Trademarks and Geographical Indications(HU025)
 Is amended by (3 text(s)) Is amended by (3 text(s))
Act No. LXVII of 2018 on Amendments to Certain Acts on Industrial Property (HU122)
Act No. CLIX of 2013 on Amendments to Certain Acts on Intellectual Property (consolidated text of October 30, 2014) (HU118)
Act No. XVI of 2013 on Amendments to Certain Acts on Intellectual Property (HU120)
Is implemented by (4 text(s)) Is implemented by (4 text(s))
Government Decree No. 147/2007 (VI. 26.) Korm. on the Detailed Rules Concerning Electronic Filing of Certain Documents in Industrial Property Procedures (consolidated text of January 1, 2019) (HU143)
Decree No. 158 of 2009 (VII. 30.) Korm on the Procedure for the Protection of Geographical Indications of Agricultural Products, Foodstuffs & Spirit Drinks as well as the Inspection of These Products (HU065)
Decree No. 178 of 2009 (IX. 4.) on the Procedure for the Community Protection of Designations of Origin and Geographical Indications of Wine Products as well as the Inspection of these Products (HU064)
Decree No. 16 of 2004 (IV.27.) of Minister of Justice (IM) on the Detailed Formal Requirements of Trademark Applications & Applications for the Protection of Geographical Indications (HU043)
Treaties
Historical Versions Repeals (3 text(s)) Repeals (3 text(s))
Act No. IX of 1969 on Trademarks (as amended by Articles 7 and 8 of Law No. VII of 1994) (HU028)
Decree Law No. I of 1982 of the Presidium of the Hungarian People's Republic on the Announcement of the Lisbon Agreement for the Protection of Appellations of Origins and their International Registration (HU013)
Order No. 4 of 1970 (VII.1) of the Minister of Justice on Legal Procedure in Trademark Cases (HU030)
WTO Document Reference
IP/N/1/HUN/2
IP/N/1/HUN/T/3
WIPO Lex No. HU126