We help you to be not only recognizable, but also protected.
On the one hand, profitable success strategies assume a well-developed trademark image that harmonizes with the product, packaging, and other media advertising options of the offer. On the other hand, legal continuity is also an important condition, meaning that there must be the possibility of taking extensive action against imitations.
Trademark law protects trademarks, business names, and geographical indications against identical or confusing signs.
Trademark registration should be made as early as possible, since a trademark only enjoys priority over other rights from the date of filing, and trademark protection is calculated from this date.
Trademark rights
In addition, professional trademark research is essential before registration, as in the event of priority rights of third parties, proceedings can be initiated before both the DPMA and the MSZH, or a civil action can be taken to prohibit the use of the trademark and award damages against the applicant.
International protection
Within the framework of the WTO (World Trade Organization), approximately 135 countries have adopted the rules for minimum protection of intellectual property rights in the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights), on the basis of which international protection is also possible. Trademark law ensures this by filing a trademark application with the HABM (Alicante, Harmonisierungsamt für den Binnenmarkt) or WIPO (Geneva, World Intellectual Property Organisation).
Below is a brief summary of the differences between German, Hungarian and Community trademarks and IR trademarks, without claiming to be exhaustive:
German/Hungarian trademark:
• Cost-effective
• National scope only
Community trademark:
• Valid in all EU member states, with one application
• Can coexist with a national trademark
• If filed within 6 months of the national trademark filing, it takes over national priority
• Use in just one member state is sufficient for the right to remain
• Successful opposition in just one member state is sufficient for the trademark to be cancelled in all states
IR trademark:
• Valid in all member states of the MMA or PMMA, with one application
• A valid opposition in one state does not result in the cancellation of the trademark in other member states
• Bound by national laws
• Use in all member states is required for the right to remain
Our services in the field of trademark law:
If legal advice is sought in a timely manner, errors can be eliminated during the planning period, and an ideal marketing strategy can be developed that will turn the planned company name, product name or logo, sign, corporate identity, domain name, or project name into a successful trademark.
• Obtaining trademark protection for your name, designation, logos
• Professional trademark research in national and international registers and databases
• Company name search D + HU + EU + IR
• Domain search
• National trademark application to DPMA (DE) and MSZH (HU)
• Community trademark application at HABM (EU)
• International IR trademark application and trademark extension at WIPO (World Intellectual Property Organization (IR))
• Opposition D + HU + EU + IR
• (National and international) trademark protection term extension D + HU + EU + IR
• Trademark monitoring and management of intellectual property rights
• Drafting and reviewing license agreements
• Enforcement and defense of injunction and compensation claims
• Legal representation in trademark infringement proceedings
• Preliminary legal support from the notice to the injunction letter until written
• Protection against product piracy
Our colleague will contact you within 24 hours of receiving your letter.
Katona és Társai Ügyvédi Társulás
H-1106 Budapest, Tündérfürt u. 4.
Tel: +36 1 225 25 30 Fax: +36 1 225 2539
central@katonalaw.com
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