Unfair competition issues of trademarks

 

The non-registered, but actually used mark does not necessarily lack legal protection. In such cases the user of the mark may seek remedies on the basis of general protection of intellectual property rights defined in the Civil Code or on the basis of unfair competition or passing-off prohibited by Act on the Prohibition of Unfair and Restrictive Market Practices.

When claim is established on passing-off the followings shall be proven:

• the mark or package for which protection is sought must have a well-known character among consumers (evidence on secondary meaning may be assured by publicity, expert witnesses, or opinion poll) and

• the parties must have a business activity and shall be deemed as competitors in the Hungarian market.

Infringement actions of registered trademarks may also based on the cited provisions of the Act on the Prohibition of Unfair and Restrictive Market Practices besides the Trademark Act.