1 August 2013Jurisdiction reportsEva Ulviczki

National protection of geographical indications

Geographical indications are provided legal protection in Hungary by means of national protection and by community legal protection. In this combined system, geographical indications for agricultural products, foods, wines and other viticultural products can enjoy legal protection on a community level under Regulation (EC) No 1151/2012 of the European Parliament and Council on quality schemes for agricultural products and foodstuffs and Council Regulation (EC) No 479/2008 on the common organisation of the market in wine.

Spirits can be protected at both national and community level. Geographical indications for products not belonging to the above circle can enjoy protection provided by the Trademark Act and provide exclusive national rights to their owners.

There are two groups of geographical indications: designation of origin in terms of the law is the name of a region, specific place or, in exceptional cases, a country which is used for marking products which originate from such area—ie, products which are produced, processed or prepared in the defined geographical area—and whose exceptional quality, reputation or other characteristics are exclusively or essentially the result of the particular geographical environment and the characteristic natural and human factors of this environment.

Geographical signs are defined as the name of a region, specific place or, in exceptional cases, a country that is used for marking products that originate from such area—ie, are produced, processed or prepared in the defined geographical area—and whose exceptional quality, reputation or other characteristic is essentially attributable to that geographical origin.

The difference is that in case of designation of origin the connection between the quality or other characteristics of the product with the particular geographical area is direct and inseparable, while in case of geographical signs the existence of such a link is not a necessity, just a possibility.

Applications must be lodged to the Hungarian Intellectual Property Office. The formal request for registration shall be accompanied by a product specification, and documentation in verification of the connection between the characteristic of the product and the geographical area. In the event of spirits produced from grapes or wine the product specification must also name the place of origin of the grape and the place of manufacture.

Additionally, the origin of the grape shall be certified. The application shall extend to introducing the applicants and their activity as well. After a very short examination on requirements for the acknowledgement of a filing date (applicant is given, product specification is provided and filing fee is paid) the office publishes in its official journal the data pertaining to the application (publication of data). Following publication, observations can be filed against the application by third parties. The office decides on the observations in the course of its substantive examination and delivers its decision on the registration.

"In case of designation of origin the connection between the quality or other characteristics of the product with the particular geographical area is direct and inseparable."

In the case of spirits other than wines the office shall conduct the examination immediately following the submission, and if the application satisfies the requirements, the office should send copies of the documents of the case to the minister of rural development who shall inform the office within nine months of his opinion on the registration of the geographical indication in light of the product specification. The office shall also notify the minister of the registration by forwarding him a copy of the resolution granting the protection.

An application for protection of a geographical indication may be filed by any natural or legal person, or business association which produces, processes or prepares products in the geographical area to be the subject of the legal protection. These entities can use the protected geographical indications as long as they produce, process or prepare products defined in the product specification.

Producers are entitled to label their products by geographical indication as long as they produce, process or prepare products in the given geographical area in accordance with the product specification.

An infringement action may be brought by any producer or organisation of producers or consumer protection bodies.

In connection with national geographical indications the Hungarian Trademark Act orders that:

A sign consisting of or containing a registered geographical indication must be refused trademark protection; and

The geographical indication is excluded from legal protection if it is identical or similar to an earlier trademark where, in the light of a trademark's reputation and good name, and the length of time it has been used, registration may result in consumers being misled as to the true origin or identity of the product.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Trademarks
18 November 2020   With a new World Intellectual Property Organization agreement on geographical indications having come into force in February, Rory O’Neill looks at the fault lines in a debate which appears to be far from settled.
Trademarks
27 January 2021   The European Commission has launched a public consultation calling for views on how to strengthen the geographical indications system.