Submission claims and evidence in trademark proceedings


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.

trademark proceedings, HIPO, MaxLED, Mag-LED