Annual Technical Report on Trademark Information Activities in 2020 submitted by the Hungarian Intellectual Property Office

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I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE

Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization

Supported institutional objectives in the field of:

I. Industrial property examinations and procedures

- high level of compliance with the requirements of the national intellectual property protection authority activity (industrial property rights, copyright activity) in accordance with international professional requirements and the requirements of ISO standards

- strengthening the service provider nature of official activities, maintaining partnerships with customers

II. Public documentation and information activities in the field of intellectual property

Improving the conditions of industrial property and copyright culture with support programs of awareness, information and qualification of customer service, value-added service, IT and education; purposeful support of science, technology and innovation policy strategies to improve national efficiency

III. Participation in the preparation of legislation regulating the protection of intellectual property and relating to research and development activities

- comprehensive, effective and proactive implementation of governmental tasks and responsibilities in the preparation of legislation related to the protection of intellectual property (industrial property rights and copyright) and research and development activities, with special regard to the needs of European Union and domestic policies

IV. Performing professional tasks in the field of international and European cooperation in the field of intellectual property

- fulfillment of the tasks of the member states arising from the European integration of Hungary in the field of protection of intellectual property (European Patent Convention, Community trademark and design protection system, copyright), with special regard to the interests of Hungary; expansion of the role of Hungary in international official co-operation in proportion to the official knowledge base in the service of becoming a regional center

- the continuous improvement of the quality of the Office's research services under international agreements

New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks

Preparation of draft legislation

It is an essential task of the Office to participate in the preparation of legislation or amendments to existing legislation relating to industrial property.

Following the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, it entered into force on 26 February 2020.

HIPO prepared the Hungarian translation of the Geneva Act and of the the Common Regulations thereof, and – in cooperation with the Ministry of Justice – participated in the preparation of the proposal for ratification. The Bill will be submitted to the National Assembly in the spring session of 2021.

Regulation (EU) 2019/787 laying down provisions also on the protection of geographical indications for spirit drinks entered into force on 24 May 2019. Most of the provisions of the Regulation are applicable from 25 May 2021, but certain provisions relating to geographical indications apply since 8 June 2019. Therefore, it has become necessary to swiftly amend also the provisions relating to geographical indications of Act XI of 1997 on the protection of trade marks and geographical indications. The specific rules are contained in the proposal for the ratification of the Geneva Act of the Lisbon Agreement.

Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year

From the different protection titles, electronic administration gained most ground in the field of trade mark applications. Compared to the 45% (1756) of the year before, in 2020 already 60 % (2411) of the applications were filed electronically with the Office.

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.

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 2019: 54251 (2018: 54371)

International trade marks (under the Madrid system) in 2020: 80017 (2019: 83634)

In 2020 trade mark applications filed via the national route amounted to 3988 nearly 2.4% or nearly 100 applications more than the year before. From among these 3 638 applications, an increase of 2.3% over the previous year, were received from Hungarian applicants, while another 350 applications were filed by foreign applicants directly with HIPO.

In 2020, 1317 international trade mark applications were filed, which is nearly 30% less than that of the previous year (1705). During 2020 the Office carried out the examination of 1465 international trade mark applications and requests for subsequent extensions of territory, recognising international trade mark protection in 1344 cases, thus the protections granted decreased by 25 % compared to 2019.

In the course of 2020, 20 oppositions were received by the Office concerning international trade marks. There were in total four requests for revocation of international trade marks.

During the year the Office received 77 requests for accelerated procedure and 77 requests for particularly accelerated procedure, thus it performed the examination of 154 applications in such procedures.

The number of European Union trade marks, the territorial scope of which extends also to Hungary, is increasing from year to year. This trend could not be reversed even by the COVID-19 epidemic.

In 2020 the EUIPO received 176 thousand applications for EU trade marks 10.2% more than in 2019. In all, more than 153 thousand EU trade marks were registered in 2020, which is 9% more than the year before.

The activity of Hungarian applicants concerning EUTMs increased by 11% over the previous year: in 2020 domestic applicants filed 837 EUTM applications with the EUIPO. EUTMs were registered, 19% more than in the previous year (766).

Moreover, Hungarian applicants filed 205 international trade mark applications (under the Madrid Agreement and Protocol), which exceeded the previous year’s number (174) by 18%.

Geographical indications

The number of valid European Union geographical indications related to agricultural products and foodstuffs was 1507 at the end of 2020, and out of them 20 originated in Hungary.

The number of European Union geographical indications related to wines attained 1 616 at the end of the year, out of which 38 originated in Hungary.

The number of valid European Union geographical indications related to spirit drinks amounted to 242 at the end of 2020, out of which 8 originated in Hungary.

The number of valid international appellations of origin under the Lisbon Agreement was 1014, out of which 28 were of Hungarian origin.

Besides, the examination of 6 applications for protection from Hungary was still pending at the end of the year.

Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.

Annual Reports:

https://www.sztnh.gov.hu/en/publications/hungarian-intellectual-property-office-annual-report

II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE

Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs

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
(i) 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
(ii) Use of electronic classification systems and pre-defined terms of the classification applied

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.

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

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.

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

Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements

In order to renew HIPO’s internal case management system in a comprehensive manner, the introduction of EUIPO’s Back Office system is ongoing, which was already implemented by more than 10 EU member states and used as their own internal case management system. The joint project of the two offices enjoys the EUIPO’s methodological, professional and financial support. The project is scheduled to be completed by 2023 when the trade mark and design development packages go live and the project is concluded.

Hardware used to supporting business processes of the Office

Internal databases: coverage, updates, interlinks with external sources

The Unified Administrative System of the Office comprises the bibliographic and image data, the documents and the official letters that belong to the different intellectual property rights, namely patent, plant variety protection, spc, utility model, trademark, industrial design.
The public electronic-databases GAZETTE, IP-SEARCH, E-REGISTER, E-DOSSIER are also used by the Examiners. The IP-SEARCH database has an internal version for internal use only with the additional data that are not accessible for the public.

Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file

The Unified Administrative System of the Office is used for file building covering all industrial property titles of protection. It is updated real-time and has a daily backup storage. All incoming documents are scanned since 2012.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

The Unified Administrative System of the Office is used for file building, which covers all industrial property titles of protection. It has a real-time update system and has a daily backup storage. This system is the source of the public electronic-databases, such as GAZETTE, IP-SEARCH, E-REGISTER, E-DOSSIER.

Other matters

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.

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION

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

Cooperation with universities, technology and innovation support centers, etc.

In 2020 it was a priority objective to spread IP knowledge and to develop industrial property and copyright culture among enterprises and higher education institutions.

HIPO had cooperation agreements in force with 16 universities in 2020. Besides the existing cooperation agreements, HIPO concluded new and renewed ones with the Hungarian Bridges initiative, the University of Miskolc, Budapest University of Technology and Economics, Eötvös Loránd Research Network and the Tungsram-iLex Innovation Marketplace.

HIPO has contracts for an indefinite period with 16 County Chambers of Commerce and Industry and 6 PATLIB Centres (in Debrecen, Miskolc, Sopron, Pécs, Győr and Szeged) to operate information points of IP protection. These information points provide updated information for clients.

The EPO launches the Patlib 2.0 programme for PATLIB Centres, which aims to renew the Centres and their service portfolio during 2021. In the field of enhancing the IP knowledge of enterprises in 2020, HIPO found an important partner in the magazine Market and Profit (Piac és Profit).

By the conferences co-organised with them, HIPO could reach 900 SMEs with its awareness-raising presentations.

HIPO took part in the HungarianBridges (Hu.B) Reload Hungary programme, operating with 12 member organisations, which as an incubator assists the unfolding of the potential residing in the new generation (secondary school students), and supports the SMEs and bogus self-employed persons to restart their enterprises in realising their innovative ideas.

Renewed IPARJOG call for applications

From July 2020 on, a new funding scheme supports Hungarian economic operators in acquiring IP rights. In the framework of the renewed call of the NRDI Office “Support of activities fostering the domestic and international protection of intellectual property to facilitate the exploitation of those creations”

(2020-1.1.3-IPARJOG) one may apply for a flat-rate support for Hungarian, international and European patent, utility model, design and trade mark applications.

Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.

In 2020 HIPO participated in the teaching of intellectual property protection as an independent subject of a semester in 15 faculties of 10 universities, and at a further 6 universities the teaching of IP rights protection was integrated into a subject offering entrepreneurial /technical/legal/social and/or scientific knowledge.

After the Government declared the state of danger due to the pandemic, HIPO significantly revised its education and training concept, prepared its online training scheme on MS Teams platform, and rescheduled its ongoing and already announced trainings accordingly.

For the eighth time in 2019-2020, HIPO invited applications for the “Ujvári János Award for Diploma Works”, the purpose of which is to make graduating students of higher education explain the intellectual property protection aspects of their theses or dissertations. 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 the knowledge sharing of intellectual property.

Eight basic level industrial property courses were organised with a total of 179 participants. Intermediate level industrial property courses started twice with 34 participants. The II. and III. trimester of the ongoing advanced level industrial property course continued with 26 participants.

It is an important achievement that in 2020 HIPO accredited its trainings with the Hungarian Bar Association and the Pest County Government Office (adult training accreditation). On 25 March 2020 the Hungarian Bar Association’s Accreditation and Education Committee registered HIPO on No. AK001009/2020. Due to the pandemic, the first accredited training for attorneys-at-law was held in the second half of the year and it attracted great interest.

In 2020, the total number of hours of intellectual property protection related courses taught in cooperation with HIPO amounted to 1120 number of hours of education with 2421 persons attending those courses.

That is, the number of hours increased by 77%, and the number of students by 12% compared to 2019.

E-learning modules:

http://www.sztnh.gov.hu/hu/sztnh/szellemitulajdon-vedelmi-kepzes/tavoktatas

http://www.sztnh.gov.hu/hu/sztnh/szellemitulajdon-vedelmi-kepzes/altalanos-es-kozepiskolas-szellemitulajdon-vedelmi

Other activities

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION

International exchange of trademark information in machine-readable form (e.g., Official Gazettes)

Databases accessible via the home-page of the HIPO: IP-Searches, TMview, TMclass, Madrid Monitor, 6-ter, INN, Similarity https://www.sztnh.gov.hu/hu/szakmai-oldalak/vedjegy/adatbazisok

HU Trade Marks can be searched via TM-VIEW.

Participation in international or regional activities and projects related to trademark information

National Board Against Counterfeiting

In order to reduce the supply of counterfeit and pirated products, to enhance the effectiveness of enforcement action in the fight against counterfeiting and to mitigate the infringement of IP rights, the National Board Against Counterfeiting (NBAC) draws up proposals for regulation, organises events and information campaigns for awareness raising and conducts surveys. The President of NBAC is Judit Varga, Minister of Justice, its Vice-President is Gyula Pomázi, President of HIPO.

The NBAC has brought about close cooperation with domestic and international stakeholders, and actively participates in the joint actions aiming at the roll back of counterfeit goods (STOP international action against counterfeit medicines and products related to the coronavirus epidemic, confiscation of counterfeit supporter relics and and sports requisites at the UEFA Super Cup).

The launch of the publication “Distinction between grain refuse and wheat – counterfeiting of works of art with Hungarian eyes” was on 26 February 2020. The latest volumes of the NBAC brochures were published, which reviewed the previous year’s events (NBAC – Annual Report 2019) and summarised the board’s researches.

In 2020, NBAC repeated its survey on the youth’s customs and change of attitude towards digital contents and counterfeiting. According to the survey, as a result of the increased use of streaming illegal downloading decreased. During the coronavirus pandemic the consumption of legal digital contents further increased.

Assistance to developing countries

Other activities

VII. OTHER RELATED MATTERS