Cancellation

 

Cancellation is possible only after the mark has been registered.

The registration of a mark will be cancelled if:

• the registered trademark does not satisfy the requirements of trademark protection;

• the trademark has lost its distinguishing character, i.e. it has become a common name in the trade for the goods or services in respect of which it was registered;

• conditions of cancellation exist only in relation to a part of the list of goods of the trademark, in which case the list will be limited accordingly;

• the mark has not been used during five years after registration;

• the mark has been altered or the list of goods has been extended compared to the application;

• the international trademark application was submitted by a party not entitled to international trademark protection.

 

Cancellation proceedings shall be initiated at the Hungarian Intellectual Property Office.

A reconsideration request can be filed against the decisions of the Office with the Metropolitan Court, and against the decisions of the latter an appeal can be lodged to the Metropolitan Appeal Court.