Hungarian IPO Clarifies Deadline Extensions in Trademark Procedures

The Hungarian Intellectual Property Office has recently published an announcement clarifying deadline extensions in trademark procedures.

According to the Hungarian Trademark Act, there are two types of deadlines in trademark proceedings before the Hungarian IPO – the deadlines defined by law and the deadlines defined by the IPO. The deadlines defined by law cannot be extended, and failure to meet them results in legal consequences without warning.

While the Trademark Act does not set a deadline for the submission of declarations or responses to Office Actions relating to application deficiencies, the IPO must give the applicant a deadline of at least 30 days, which may be extended upon request before the deadline expires and upon payment of an official fee. If the deadline is missed and a deadline extension request is not filed, the legal consequences of the failure to comply with the deadline set out in the Office Action will become effective. Applicants may request up to three one-month extensions or one three-month extension without the need to support the request with evidence.

Deadline extensions for more than three months may be granted only in particularly justified cases. Applicants may submit such extension requests after having been granted a three-month extension, or they may request such an extension in their first request. In both of these cases, applicants must submit evidence justifying a further extension. When dealing with such requests, the IPO will take into account the type of trademark proceedings, the subject of the request and the particular circumstances of the case. For example, the IPO will look at whether the extension is being requested in an ex parte or inter partes case, since in inter partes cases the interests of the adverse party may be prejudiced by a prolonged proceeding caused by deadline extensions.

The subject of the request – deficiency or declaration – should also be considered, as certain submissions (e.g. evidence of good reputation or evidence of acquired distinctiveness) may take longer to prepare than simpler statements. The IPO may also consider the applicant’s circumstances, such as communication or administrative difficulties due to their location abroad. Besides granting or rejecting an extension request, the IPO may also grant the extension for a shorter period of time than the one requested, if the applicant justifies their request but the IPO finds the arguments and evidence not well grounded.

Prepared by: Erika Farkas

For more information, please contact hungary@petosevic.com.

Source: Hungarian IPO website