Annual Technical Report on Trademark Information Activities in 2021 submitted by Hungarian Intellectual Property Office
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I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Information on the following topics is desired:
- Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
- High-quality fulfillment of the quantitative and qualitative requirements of the national intellectual property protection authority activity (industrial property protection, copyright activity) and R&D certification activity in accordance with international professional requirements and the interests of domestic enterprises. Strengthening the service provider nature of official activities, maintaining partnerships with customers.
- Fulfill the role of legal practice analysis and legislative preparation related to the protection of intellectual property (industrial property rights and copyright) and R&D certification activities, paying special attention to the needs of the European Union and domestic policies.New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks.
- Fulfilling the tasks of the member states arising from the European integration of Hungary in the field of intellectual property (European Patent Convention, European Union trademark and design protection system, copyright), with special regard to the interests of Hungary. Carrying out international patent research and preliminary examination tasks related to the operation of the Visegrád Patent Institute, as well as supporting the operation of the institute, with special regard to its headquarters in Budapest.
- Improving the conditions of awareness, orientation and training of the Hungarian industrial property rights and copyright culture through customer service, value-added service, IT and education support programs; purposeful support for science, technology and innovation policy strategies to improve national performance.
- Utilize the infrastructural and human resources of the office in an efficient organizational and management system in order to ensure economical, efficient, effective institutional operation.
- Improve the process-based, risk-based operation, maintain the office's internal control system and maintain and develop an integrated system (quality management and information security management) in accordance with the ISO standards introduced in the office in order to effectively operate and develop the industrial property and copyright system. which is necessary for the development of a knowledge-based, innovative and competitive economy.
- New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
On 26 November 2019, the European Union acceded to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. Following the accession of the EU, the Geneva Act entered into force on 26 February 2020. Hungary has also ratified the Geneva Act. HIPO prepared the Hungarian translation of the Geneva Act and the Common Implementing
Regulations and participated in the preparation of the ratification proposal in cooperation with the Ministry of Justice. The Bill was adopted by the National Assembly at the spring session of 2021, and Hungary deposited its instrument of ratification on 10 June. The Geneva Act entered into force in Hungary on 10 September.
In view of the provisions of Regulation (EU) 2019/787, which also contains provisions on the protection of geographical indications for spirit drinks, it was necessary to amend the provisions of Act XI of 1997 on the Protection of Trade Marks and Geographical Indications concerning geographical indications for spirit drinks. The relevant provisions were promulgated by Act XXXVI of 2021 amending the Trade Mark Act.
- Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
As in previous years, the staff of HIPO regularly participated in the meetings of the Working Party on Intellectual Property of the Council of the European Union, as well as in the committees operating alongside the European Commission, at expert meetings and other IP conferences.
The intensive cooperation with EUIPO was continued and further deepened. The senior management of HIPO participated in the ordinary meetings of the EUIPO Administrative Board and Budget Committee, while HIPO experts took part in the liaison meetings on trade marks and designs, as well as in the plenary sessions and numerous other events of the European Observatory on Infringements of Intellectual Property Rights. Within the framework of the EUIPO–HIPO cooperation agreement 27 projects have been implemented.
- Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
Trade marks
National trade marks in 2021: 54124 (2020: 54251)
International trade marks (under the Madrid system) in 2021: 76 492 (2020: 80017)
In 2021, the European Union saw a lively activity in trade mark applications. More than 197 thousand EU trade mark applications were filed with the EUIPO, 11.7% more than in 2020. In total, more than 180 thousand EU trade marks were registered in 2021, up 17.6% on the previous year. The scope of registered EU trade marks extends also to Hungary.
This brings the total number of valid EU trade marks in Hungary to 2 million.
The activity of domestic applicants filing trade mark applications abroad also continued to increase in 2021.
917 EU trade mark applications were filed with the EUIPO, up 10% from 2020.
821 EU trade marks of Hungarian origin were registered in 2021, up 19.7% from 2020, or 135 trade marks.
In 2021, the WIPO-administered system for the international registration of trade marks received 1 190 international trade mark applications and requests for subsequent territorial extension designating Hungary, which is 3% lower than in 2020. The Office transmitted 198 international trade mark applications and other submissions under the Madrid Agreement and Protocol filed by domestic trade mark applicants, up 2.6% from the previous year, or 5 applications.
International trade mark proceedings (under the Madrid System)
The two-year-long epidemic continues to be behind the decline in new international trademark applications.
Numerous offices in Member States participating in the Madrid System were closed during the pandemic or international mail was at times disrupted. This made it more difficult to file international trade mark applications designating Hungary. 1,275 international trade mark applications were published in the Gazette for Patents and Trade Marks.
The Office examined 1,323 international trade mark applications designating Hungary and requests for subsequent territorial extension and recognised protection in 1,200 cases.
A total of 118 international trade mark applications were refused. There were five applications for revocation of international trade marks. At the end of 2021, 265 international trade mark applications were pending, one-third less than the previous year.
The average pendency time for international trade mark applications and requests for subsequent territorial extensions has decreased for all types of cases.
Main data of national trade mark registration proceedings (2021)
In 2021, the number of nationally filed trade mark applications grew by 5.2%, that is by 204 applications, to 4 192.
As in previous years, more than 90% of national trade mark applications – 3 789 applications – were filed by Hungarian applicants. The increase in the number of domestic applications was 4.2%. A further 403 applications were filed directly with HIPO by foreign applicants.
Almost two-thirds of the nationally filed trade mark applications came from institutional applicants and one-third from individual applicants.
Customers have the possibility to speed up administrative proceedings through so-called accelerated procedures and special accelerated procedures. The Office has examined a total of 234 applications under these fast-track procedures. 87 requests for accelerated procedures and 147 requests for special accelerated procedures were received.
The number of publications in 2021 was 2 886, up 11.8% on the previous year. The Office closed 4329 cases in 2021, which was 9.3% more than the previous year.
In 2021, the Office registered 3 404 national trade marks, an increase of 15.2% on the previous year. The refusal rate was 3.3% and the termination rate was 18.1%. The number of these types of cases was lower than in the previous year.
We managed to maintain the average gross pendency time for the national trademark registration procedure at the previous year’s favourable level: it was 24.7 weeks, i.e. less than 6 months.
Geographical Indications
Geographical indications may be protected if there is a demonstrable connection between the quality parameters of the marketed products and their area of origin. This protection ensures that right holders be able to act against all those who use those indications without authorisation.
During the year, the Office received six applications for geographical indications and four applications for international appellations of origin designating Hungary.
The number of valid EU geographical indications for agricultural products and foodstuffs was 1382 at the end of 2021, of which 28 were of Hungarian origin, according to the eAmbrosia database. The number of EU geographical indications for wines reached 1,611 at the end of the year, of which 38 were of Hungarian origin.
The number of EU geographical indications for spirits at the end of 2021 was 241, of which 12 were of Hungarian origin.
Of the valid international appellations of origin under the Lisbon Agreement 28 were of Hungarian origin.
- Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Annual Reports:
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information on the following topics is desired:
- Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
Of all the forms of protection, electronic filing has been the most popular in trade mark applications. In 2021, nearly 70 % of national applications were filed electronically, up from 60% in 2020. The share of filings in person fell to 20%, while 9% were filed by post and 1% by fax and terminal.
Detailed information and support is accessible on the website of HIPO, eg.:
e-Filing: https://ugyintezes.sztnh.gov.hu/eBej2/step1
Forms and fees: https://ugyintezes.sztnh.gov.hu/eBej2/sugo#5
How can I protect my intellectual property?: https://www.sztnh.gov.hu/hu/hogyan-vedjem-a-szellemi-tulajdonomat/hogyan-vedjem-a-megjelolesemet
- Availability of the application dossier in electronic form
The e-dossier gives inspection and communication platform providing online administration.
E-dossier: http://epub.hpo.hu/e-aktabetekintes/?lang=HU
- Matters concerning classifying
Classification and reclassification activities; classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification
Nice Classification and Vienna Classification systems are used.
Nice Classification: https://www.sztnh.gov.hu/hu/hogyan-tajekozodhatok-a-honlapon/adatbazisok/iparjogvedelmi-osztalyozasi-rendszerek/nizzai
Vienna Classification: http://classifications.mszh.hu/vienna/index.htm
From the most important IT developments performed in 2020 the following stand out: a development was completed by means of which the EUIPO can access on a daily basis the data of the Nice list of goods and services for the international classification of national trade marks.
- Use of electronic classification systems and pre-defined terms of the classification applied
- Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The IT staff implemented those information technology developments that became necessary in relation to the transposition of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks, and those in relation to the 2019 entry into force of the amendment of Act XI of 1997 on the Protection of Trade Marks and Geographical Indications. These developments made it possible to receive and process the new types of trade marks (sound, movement, multimedia, hologram applications).
- Other activities
III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
Information on the following topics is desired:
- Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
E-SEARCH for external use: http://epub.hpo.hu/e-kutatas/?lang=HU
Web-based GAZETTE, published twice a month: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
How can I protect my trademark?: https://www.sztnh.gov.hu/hu/hogyan-vedjem-a-szellemi-tulajdonomat/hogyan-vedjem-a-megjelolesemet
- Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
Web-based GAZETTE, published twice a month: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
- Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
E-SEARCH for internal use, covering the public and non-public data.
E-SEARCH (for the public): http://epub.hpo.hu/e-kutatas/?lang=HU
GAZETTE: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
Nice Classification: https://www.sztnh.gov.hu/hu/hogyan-tajekozodhatok-a-honlapon/adatbazisok/iparjogvedelmi-osztalyozasi-rendszerek/nizzai
Vienna Classification: http://classifications.mszh.hu/vienna/index.htm
TMview: https://www.tmdn.org/tmview/welcome
- Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
E-SEARCH (for the public): http://epub.hpo.hu/e-kutatas/?lang=HU
GAZETTE: http://www.hipo.gov.hu/hu/szakmai-oldalak/szabadalmi-kozlony-es-vedjegyertesito
Nice Classification: https://www.sztnh.gov.hu/hu/hogyan-tajekozodhatok-a-honlapon/adatbazisok/iparjogvedelmi-osztalyozasi-rendszerek/nizzai
Vienna Classification: http://classifications.mszh.hu/vienna/index.htm
TMview: https://www.tmdn.org/tmview/welcome
How can I protect my trademark?: https://www.sztnh.gov.hu/hu/hogyan-vedjem-a-szellemi-tulajdonomat/hogyan-vedjem-a-megjelolesemet
- Legal status information (kind of information, coverage, medium, etc.)
E-Dossier: http://epub.hpo.hu/e-aktabetekintes/?lang=HU
just for information purposes.
Certified statement on the validity of protection can be received against payment.
- Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information on the following topics is desired:
- Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
The IT department took part in the systematic planning of the analytic, integration and data migration tasks of the Back Office project, which aims to renew the internal case management system of HIPO. The IT team also participated in the discussions with the project organization and the experts of the EUIPO.
- Hardware used to supporting business processes of the Office
- Internal databases: coverage, updates, interlinks with external sources
- Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
- Administrative management electronic systems (register, legal status, statistics, and administrative support)
https://www.sztnh.gov.hu/hu/szakmai-oldalak
- Other matters
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
Information on the following topics is desired:
- Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
See: Industrial Property Special Library: http://www.sztnh.gov.hu/en/services/industrial-property-special-library
- Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
The partners and customers of HIPO, who are interested in intellectual property, can choose from a variety of services or programs of customer service, information provision and education, eg.: AIDA, IP-Panorama, Start-up guide, Partner Search, Tenders, IP-Valuation, etc.: http://www.sztnh.gov.hu/hu/vallalkozoknak/hogyan-kezdjek-hozza
The high interest in the portal is shown in the fact that in 2021 493 thousand individually identifiable visitors visited the portal on 1.39 million occasions and downloaded 13.5 million pages. The amount of the downloaded data was 4,658 gigabyte (turnover without robots).
Users can access useful e-administration and information services on the website such as e-administration, e-search and e-register. In addition to these, they can use the TM e-Filing system to file trade mark applications, the TMView system for electronic trade mark search, the DesignView database, which contains designs protected in the European Union, as well as the GIView database containing geographical indications.
- Cooperation with universities, technology and innovation support centers, etc.
The professional partners and the customers of HIPO, interested in issues of intellectual property protection, were able to choose from a variety of services and programs of awareness raising, information provision and education also in 2021.
Among enterprises – especially among small and medium-sized enterprises (SMEs) and startups – and among the professors and students of higher education institutions, HIPO raises awareness of the importance of enhancing knowledge of industrial property and copyright protection, of the fact that obtaining IP rights ensures a competitive edge for them on the market.
In the field of enhancing the IP knowledge of enterprises, HIPO found an important partner in Piac és Profit business magazine, which regularly organises conferences for SMEs, in co-operation with the local chambers of commerce and industry. In 2021, by joining the virtual events, HIPO could reach as many as 1,900 SMEs by 20 awareness-raising presentations.
HIPO has contracts for an indefinite period with 16 County Chambers of Commerce and Industry and 6 PATLIB centres (University of Debrecen, University of Miskolc, University of Sopron, University of Pécs, University of Győr and University of Szeged) to operate an IP info point.
In the second half of 2021, the EPO launched a programme for PATLIB centres, called Patlib 2.0, with the aim of renewing the centres and their service portfolio. Currently, the assessment of the level of the centres’ services is taking place in order for HIPO to get a picture where it can count on them or where they expect assistance from the Office.
In the framework of examining the service opportunities for supporting the Hungarian SMEs, in 2021 HIPO prepared the concept of domestic certification of the ISO 56005:2020 IP management standard.
At the November event of FIVOSZ, called Week of Enterprises, one of the participants of the IP rights round table was the President of HIPO.
The Office participated, among others, in the Digital Startup Safari event with a presentation on IP, a trade mark and design workshop and with dedicated customer service hours.
- Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
The Office operates the education system on IP, organises the industrial property and copyright exams, as well as the patent attorney exams. With regard to the pandemic, similarly to the previous year, HIPO organised its trainings in an online format also in 2021.
HIPO can look back on a long history of cooperation with the Hungarian higher education institutions.
In this framework in 2021 IP protection as an independent subject of a semester was announced in 12 faculties of 9 higher education institutions.
In a further 4 higher education institutions the teaching of IP knowledge was integrated into a subject offering entrepreneurial/ technical/ legal/ social and/or scientific knowledge. The teaching of the subjects ”Intellectual property protection” and ”Innovation management and industrial property” was realised in E-learning format in 6 higher education institutions, with the participation of a total of 758 persons.
The basic, intermediate and advanced level industrial property courses, the basic and intermediate level copyright courses as well as the specially targeted courses organised by HIPO play an important role in IP knowledge sharing.
Basic level industrial property course took place on 5 occasions with 172 participants, basic level copyright course took place on 3 occasions with 86 participants.
26 participants concluded successfully an intermediate level industrial property course, while intermediate level copyright course started with 32 participants.
The fourth semester of the advanced level industrial property course took place in 2021.
In September a new advanced level industrial property course commenced with the participation of the officials of the Office.
On 25 occasions, HIPO organised specially targeted courses, further education on IP and search practice for various institutions and target groups. In addition, HIPO participated in exhibitions, international fairs with counselling and presentations.
E-learning modules:
http://www.sztnh.gov.hu/hu/sztnh/szellemitulajdon-vedelmi-kepzes/tavoktatas
- Other activities
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
Information on the following topics is desired:
- International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
- Participation in international or regional activities and projects related to trademark information
- Assistance to developing countries
- Other activities