What happens if you miss a deadline? Trademark and patent restoration options in Hungary
A trademarked brand name or patent has significant value, as long as it is not forgotten to renew it. Indeed, one administrative omission can lead to loss of exclusivity, registration by others or loss of protection of the invention.
But are all time limits final? Fortunately not. Hungarian law provides for a range of remedies if someone has missed a deadline, whether through inattention or force majeure.
In this article, we explain what time limits to bear in mind in trade mark and patent cases, and in which cases and how to restore rights. Let's get started!
Which deadlines can result in a loss of rights?
In the field of intellectual property rights, there are specific timeframes that, if missed, result in automatic disqualification. In such cases, the trademark, patent, or utility model becomes invalid and cannot be "remedied" afterwards.
Here are the most important time-barring periods.
For trademarks:
Renewal deadline: 10 years after the trademark is registered. If this is not done, the trademark will expire.
Time limits for completing or submitting observations: if the Hungarian Intellectual Property Office (HIPO) requests a correction or a statement and the time limit is not met, the procedure may be terminated.
After the renewal deadline: there is a six-month grace period during which you can still renew the trademark by paying additional fees.
For patents:
Deadline for payment of the maintenance fee: if the annual fee is not paid on time, the patent will lapse.
Deadline for filing formal deficiencies: failure to do so may invalidate the application.
After the renewal deadline: there is a six-month grace period during which you can still renew the patent by paying additional fees.
If the grace period has also expired: it is still possible to restore your patent within three months by paying additional surcharges.
For utility models the same rule applies as for patents. Once again, it is important to emphasise that these are not purely administrative deadlines. When they expire, exclusivity may cease, and the right holder may lose its competitive advantage. In fact, someone else can file the same designation or invention!
Which types and conditions of remedies are available?
Missing a deadline may not always permanently close the door. Remedies exist in Hungarian and European IP law. However, they are subject to strict conditions. Let's look at the most common procedure.
Restoration of the legal situation (restitutio in integrum)
May be requested for more serious legal consequences, provided that the omission was due to an unforeseeable cause (e.g., hospitalisation, IT error, force majeure) and the applicant has made every effort to comply with the time limit.
The decision on reinstatement will be taken by the Office after a thorough examination. So the procedure is not automatic!
Importantly, these options are not applicable to all deadlines. There are so-called absolute time-limits, where no restoration can be requested in any way.
What are the documents and deadlines for requesting restoration?
Part of the package to be submitted is a request for restoration, which can be made on an official form or with the prescribed content. It is essential to complete the missed act, for example, if a fee has not been paid, to ensure its immediate replacement.
A detailed explanation of why the omission occurred and why it could not have been avoided will be required. Supporting documents may also be required, such as a medical certificate, a record of a power cut, documentation of a technical fault, etc. In addition, proof of payment of the procedural fee is also a necessary document.
For example, if you’ve missed a deadline in a patent matter, you must file the request within two months of realizing the deadline was missed (or the cause of the delay was resolved). You’ll need to explain why the deadline was missed and show that it happened despite taking all reasonable care.
Important: There’s an absolute limit of 12 months from the original missed deadline to file your request, even if you only discovered the issue later.
Pro tip: The time limit calculation is strict. The "date of knowledge" must be documented (e.g. receipt log, e-mail timestamp).
When is restoration not possible?
Although Hungarian and international practice allows for the possibility of "remedying" certain time limits, there are also cases where the loss of rights is permanent and there is no possibility of remedy. Neither in equity nor with justification.
For example, if the applicant cannot credibly demonstrate force majeure or due diligence, the application for restitutio in integrum will be rejected, even if it is formally complete.
Because the rules depend on exactly which deadline was missed and when, there’s no one-size-fits-all answer. Some deadlines are more flexible than others, and certain conditions must be met for restoration to even be considered. Factors like when the missed deadline was discovered, what caused the delay, and how quickly action was taken afterward all play a role. That’s why each case needs to be evaluated individually to determine whether there’s still a realistic path to restoring your rights.
Why consulting an experienced IP lawyer in such cases?
Missing deadlines in industrial property protection often have fatal consequences. The possibility of restoration of rights is given, but the process is strictly regulated, complex in form, and often leads to major decisions.
An experienced intellectual property lawyer will know exactly
when and what remedies are available,
how to draft the statement of reasons in a way that is acceptable to the Hungarian Intellectual Property Office,
which documents to include to increase the chances of success,
how to mount a parallel defence, file a new application, or start other proceedings.