Hungarian courts have tightened the conditions under which IP rights holders can obtain interim injunctions and pursue infringement claims. The shift – visible in decisions handed down from late 2024 onward – requires rights holders to demonstrate a higher evidential threshold before courts will grant interim relief. For international companies that hold trademarks, patents, or copyright in Hungary, the change alters the practical calculus of enforcement from the first filing step.
Hungarian intellectual property legislation and civil procedure rules now interact in a way that places greater weight on documented commercial harm when an infringement claim is brought before the Fővárosi Törvényszék (Budapest Metropolitan Court). This has exclusive jurisdiction over IP disputes. Rights holders must supply concrete evidence of actual or imminent economic loss at the interim stage – not merely demonstrate prima facie ownership. Compliance with the updated evidentiary expectations is immediate: any infringement claim filed from 2025 onward is subject to this standard.
This alert explains who is affected, what threshold criteria apply, and what immediate steps international companies should take to protect their IP positions in Hungary.
What has changed in Hungarian IP enforcement
Hungarian civil procedure rules have long permitted interim injunctions in IP matters on a relatively accessible basis. Courts were generally willing to grant provisional measures once a rights holder showed ownership of a valid registration and a plausible case of infringement.
The recent shift in court practice changes two elements of that analysis. First, courts now scrutinise the strength of the underlying IP registration more carefully. A trademark application that has not yet completed opposition proceedings – or a registration that faces an active invalidity challenge – will receive less weight. Second, courts expect detailed evidence of actual harm or a clearly quantifiable risk of harm before granting interim relief. A bare assertion of unauthorised use is no longer sufficient.
For trademark owners, Nice classification (the international classification system for goods and services used in trademark registration) alignment matters more than before. Courts have begun questioning whether the goods or services listed in a registration genuinely correspond to the claimant's commercial activity. Overly broad IP registration strategies – common among companies seeking wide coverage – can now undermine rather than support an enforcement position.
The Hungarian Intellectual Property Office (Szellemi Tulajdon Nemzeti Hivatala, or SZTNH) has also updated its internal guidance on opposition proceedings. Oppositions filed against pending applications are now processed within tighter administrative timelines, which compresses the window for rights holders to monitor and respond to conflicting filings.
Practitioners in Hungary note that the courts are also scrutinising co-existence agreements and prior-use evidence more rigorously. A rights holder relying on an older registration without evidence of genuine commercial use in Hungary may face challenges sustaining an infringement claim.
Which businesses are affected and the compliance deadline
The shift affects any international company that relies on Hungarian IP rights to protect its market position. The threshold criteria are straightforward. A business falls within scope if it holds – or intends to file – a national trademark, patent, or copyright-based claim in Hungary, or if it enforces EU-level rights before Hungarian courts.
Businesses in technology, consumer goods, pharmaceuticals, fashion, and media are most directly affected. These sectors combine high-volume IP registration activity with frequent enforcement actions. Companies in these categories that have filed broad trademark applications across multiple Nice classes – without corresponding commercial use in each class – face a specific vulnerability.
The compliance deadline is practical rather than statutory. Any infringement claim filed before the Budapest Metropolitan Court from 2025 onward will be assessed under the updated evidentiary standards. There is no transitional grace period. Rights holders with pending matters or planned enforcement actions should treat the updated standards as operative immediately.
For companies that have already commenced proceedings. The risk is that interim relief already granted may be revisited if the defendant applies for discharge and demonstrates that the evidentiary record no longer meets the current standard. This is not a theoretical concern – practitioners in Hungary report that such applications are being filed with greater frequency.
International companies that rely on IP protection and enforcement strategies in Hungary should review their existing registrations and pending filings against the criteria described above before advancing any enforcement action.
For a preliminary review of your IP portfolio and enforcement position in Hungary, email us at info@ferrazwhitmore.com.
Immediate actions for international companies
The following steps should be taken promptly to protect IP positions under the updated court practice.
- Audit existing registrations for genuine use. Review each trademark and patent registration in Hungary. Identify registrations where commercial use is thin or absent. Prepare use evidence – sales records, marketing materials, distribution agreements – for each registration that may be used in enforcement proceedings.
- Review Nice classification alignment. Compare the goods and services listed in each registration against your actual business activity in Hungary. Where the classification is broader than current use, consider whether to narrow or consolidate filings to strengthen their evidential value.
- Monitor opposition proceedings actively. With SZTNH processing oppositions on tighter timelines, companies must monitor the Hungarian trademark register more frequently. A conflicting application that passes unnoticed through the opposition window creates a harder enforcement problem later.
- Prepare harm evidence before filing. For any planned infringement claim, document economic harm in advance. Quantify lost sales, price erosion, or reputational damage with supporting records. Courts now expect this at the interim stage – assembling it after filing is too late.
- Assess the AI and technology dimension. Companies in digital markets should also consider how AI-generated content and automated distribution channels interact with Hungarian IP legislation. Our analysis of AI and technology law in Hungary addresses this intersection in detail.
For context on how similar enforcement trends are developing in other European jurisdictions, the IP enforcement alert for Portugal offers a useful comparative perspective.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice supports international companies in trademark application strategy, IP registration, opposition proceedings, and infringement claim management across European and global markets. Engaging a lawyer in Hungary with cross-border experience is particularly important when court practice is shifting. our team combines Portuguese civil law expertise with English common law tradition to deliver enforcement strategies that are calibrated for both local procedure and international portfolio objectives. As a law firm in Hungary-adjacent practice with direct EU regulatory access, we work with technology companies, consumer brands, and institutional rights holders who need results-oriented counsel across multiple legal systems. To discuss your IP enforcement position in Hungary, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.