Registration of a geographical indication

Geographical indication is the general term for indications used to identify the geographical origin of goods. In Hungary geographical indications, depending on the type of product they relate to, can be protected under four different regimes, which are supplemented by the international protection available under the Lisbon Treaty. As a result of EU accession certain products (agricultural products and foodstuffs, wines, spirits and aromatised wine products) are not eligible for national protection and may be registered as EU geographical indications.

Kulcsszavak: geographical indication, application, appellations of origin, agricultural goods, spirit drinks, wines, union level protection, international protection, list of products

Protection of the geographical indication may be granted to any natural or legal person, who produces, processes or prepares, in the defined geographical area, a product for which the designation of that geographical indication is used. The protection shall belong jointly to the persons who produce, process or prepare products. Foreigners shall be entitled to the protection of a geographical indication only on the basis of an international agreement or subject to reciprocity.

Protection can be obtained by submitting an application to the Hungarian Intellectual Property Office-

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

For more information on filing an application for the registration of a geographical indication, the registering procedure, and other procedures concerning geographical indications, visit:

https://www.sztnh.gov.hu/en/geographical-indication

There is no administration deadline defined in the applicable laws. The administrative deadlines laid down in the Act on General Public Administration Procedure do not apply nor do apply the provisions of the Act on General Public Administration Procedure which set a deadline for other measures of the acting authority.

An application for the registration of a geographical indication shall contain a request for registration, the name of the geographical indication, the list of products and the other attachments. The application shall be filed in compliance with the detailed requirements laid down in laws on the detailed formal requirements of applications for geographical indications and on the electronic filing of industrial property applications.

The filing fee for an application for the registration of a geographical indication is HUF 107 000.

The fees for industrial property procedures shall be paid to the account No. 10032000-01731842-00000000 of the HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or registration number) and the purpose (legal title).

Hungarian Intellectual Property Office

The procedure for reviewing the decisions of the HIPO falls within the competence and exclusive jurisdiction of the Budapest-Capital Regional Court. Review of a decision may be requested by any party to the procedures before the HIPO, any person excluded from, or limited in, the inspection of files or any person whose legal status as a party to the procedure has been denied. Other participants in the proceedings before the HIPO may, in their own right, file an independent request for review against the relevant provision of the decision or the decision concerning them. The deadline for submitting a request for reviewing the decision is 30 days from the date of notification of the decision to the party or other party to the proceedings. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. A fee of HUF 10,500 must be paid when filing the request, in the case of electronic submission by bank transfer.

In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.

This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.

Please also be advised that the language of proceedings before the HIPO is Hungarian.

Further information is available at https://www.sztnh.gov.hu/en/client-service

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Act XI of 1997 on the Protection of Trade Marks and Geographical Indications

Decree No. 16/2004. (IV.27.) IM on the detailed formalities of trademark applications and applications for the protection of geographical indications 

Government Decree No. 178/2009. (IX. 3.) 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

Government Decree No. 158/2009. (VII. 30.) on the procedure for the protection of geographical indications of agricultural products, foodstuffs and spirit drinks as well as the inspection of these products 

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

SZTNH