Preliminary injunctions
Hungary
The trade mark owner can file a request for a preliminary injunction to the competent court before or during the main proceedings, through inter partes or ex parte proceedings. A PI can be an appropriate legal remedy to prevent ongoing or imminent harm to the trade mark owner. However, Hungarian trade mark courts generally apply a strict standard to the possibility of ordering a PI, and in practice will only grant the application if there is a clear case of trade mark infringement.
Urgency
There is no urgency requirement for applying a PI in trade mark infringement cases.
Remedies
In PI proceedings, the court can impose any remedy on the opposing party that the applicant would be entitled to claim based on the right enforced in the lawsuit (eg prohibit the infringer from using the trade mark).
Evidence and level of proof
- If six months have not elapsed since the infringement began and 60 days have not elapsed since the applicant became aware of the infringement, PIs are deemed to be necessary for the protection of the rights of the applicant, provided that the applicant proves that the trade mark is protected and that they are the proprietor of the trade mark.
- At the same time, the applicant must, as a general condition for the application of PI, demonstrate that there is a likelihood of trade mark infringement and that the impending harm to the trade mark owner outweighs any potential harm caused to the opposing party by the PI.
Remedies
In PI proceedings, the court can impose any remedy on the opposing party that the applicant would be entitled to claim based on the right enforced in the lawsuit (eg prohibit the infringer from using the trade mark).
Evidence and level of proof
- If six months have not elapsed since the infringement began and 60 days have not elapsed since the applicant became aware of the infringement, PIs are deemed to be necessary for the protection of the rights of the applicant, provided that the applicant proves that the trade mark is protected and that they are the proprietor of the trade mark.
- At the same time, the applicant must, as a general condition for the application of PI, demonstrate that there is a likelihood of trade mark infringement and that the impending harm to the trade mark owner outweighs any potential harm caused to the opposing party by the PI.
Ex parte injunctions
A trade mark owner can file for a PI through inter partes or ex parte proceedings. The hearing of the opposing party is at the discretion of the court. Under the applicable law, it may decide to proceed ex parte if the resulting delay would cause irreparable harm to the trade mark owner.
Evidence and level of proof
The taking of evidence is limited in preliminary injunction proceedings. However, the courts will consider whether the infringement has been shown with a sufficient degree of certainty and, in this context, require a relatively high degree of probability for the PI to be ordered.
Ex parte injunctions
- If six months have not elapsed since the infringement began and 60 days have not elapsed since the applicant became aware of the infringement, PIs are deemed to be necessary for the protection of the rights of the applicant, provided that the applicant proves that the trade mark is protected and that they are the proprietor of the trade mark.
- At the same time, the applicant must, as a general condition for the application of PI, demonstrate that there is a likelihood of trade mark infringement and that the impending harm to the trade mark owner outweighs any potential harm caused to the opposing party by the PI.
Evidence and level of proof
The taking of evidence is limited in preliminary injunction proceedings. However, the courts will consider whether the infringement has been shown with a sufficient degree of certainty and, in this context, require a relatively high degree of probability for the PI to be ordered.
Serving and enforcing the injunction
If the court grants the PI, it is provisionally enforceable even while an appeal is pending. The court shall issue a direct enforcement order requiring the opposing party to comply with the PI immediately. If the defendant does not comply, a bailiff will make a record of this and submit it to the court, which can, among other things, order the assistance of the police, impose a fine on the defendant, or authorise the bailiff to carry out the required act at the expense of the defendant.
Appeal opportunities
The appeal can be filed with the Metropolitan Court of Appeals within 15 days following the service of the decision granting or rejecting the request for a PI.
Serving and enforcing the injunction
If the court grants the PI, it is provisionally enforceable even while an appeal is pending. The court shall issue a direct enforcement order requiring the opposing party to comply with the PI immediately. If the defendant does not comply, a bailiff will make a record of this and submit it to the court, which can, among other things, order the assistance of the police, impose a fine on the defendant, or authorise the bailiff to carry out the required act at the expense of the defendant.
Appeal opportunities
The appeal can be filed with the Metropolitan Court of Appeals within 15 days following the service of the decision granting or rejecting the request for a PI.