The objective of this article is to show the significance of submitting claims and evidence in trademark status and opposition proceedings before the Hungarian Intellectual Property Office (HIPO) in a timely manner.
This is because incomplete evidence or claims filed late cannot be rectified in the appeal proceedings before the courts.
Every day, trademark practice gets stricter and stricter. This means claims and evidence should be submitted early in trademark and opposition proceedings. This issue is more important, because rushed oppositions are often filed on the last day of the opposition period, meaning that important aspects might be missed and subsequently cannot be rectified. Two examples will now be outlined where the court has not accepted late evidence (or claims).
The first case concerns a trademark application for ‘Körmös Diploma’ (‘Nail Diploma’), which is filed in Class 41 and covers education, building, entertainment, sport and cultural activities. In the case before the HIPO, the application was objected to because the term ‘diploma’ is descriptive, referring to an educational certificate, and ‘nail’ is a generic expression.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
trademark proceedings, HIPO, MaxLED, Mag-LED