Distinctive or not distinctive? Food and drink brands in Hungary


Judit Lantos

To ensure trademark protection, brand owners must be familiar with how national offices evaluate distinctiveness. Judit Lantos takes a look at some important Hungarian cases.

There have been a number of recent cases in Hungary where the question of distinctive character was the issue in a refusal on absolute grounds; several of these cases pertain to food and drink brands.

Ce’Real for chocolate—granted

An international word mark called ‘Ce’Real’ for class 30 (confectionery, chocolate and chocolate products, pastries, ice-cream and preparations for making the aforementioned goods) designating Hungary was finally refused by the Hungarian Intellectual Property Office due to the lack of distinctive character.

Distinctiveness, Ce'Real, Naturfresh, trademark protection, food and drink