Croatia

Effective trademark protection allows avoiding problems and potential losses especially in cases of infringement or/and unfair competition by third parties. To ensure respect for the trademark rights, registration of trademarks is paramount; although it is not a straightforward process, assistance of an experienced and highly qualified trademark attorney will ensure successful prosecution of a trademark application.

A trademark may consist of any signs, particularly words, including personal names, or designs, letters, numerals, colours, the shape of goods or of their packaging, or sounds, provided that such signs are capable of:

1. distinguishing the goods or services of one undertaking from goods or services of another undertaking

and

2. being represented in the register in the way that enables competent authorities and the public to determine a precise and clear subject-matter of protection provided by the trademark to a holder of the trademark. Persons who may be holders of a trademark.

The following shall not be registered:

• trademarks which are devoid of any distinctive character;
• trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or to designate other characteristics of the goods or services;
• trademarks which consist exclusively of signs or indications which have become customary in the everyday language or in good faith and the established practices of the trade:
• signs which consist exclusively of:

(a) the shape, or another characteristic, which results from the nature of the goods themselves;

(b) the shape, or another characteristic, of goods which is necessary to obtain a technical result;

(c) the shape, or another characteristic, which gives substantial value to the goods;

– trademarks which are contrary to public policy or to accepted principles of morality;

– trademarks which are of such a nature as to deceive the public, for instance as to the nature,       quality or geographical origin of the goods or services;

– trademarks which have not been authorized by the competent authorities and are to be refused

pursuant to Article 6ter of the Paris Convention;

• trademarks which are not covered by Article 6ter of the Paris Convention, and which include the name or abbreviation of the name, national coat of arms, emblem, flag or other official sign of the Republic of Croatia, or a part thereof, and the imitation thereof, except with the consent of the competent authority of the Republic of Croatia;
• trademarks which are excluded from registration, pursuant to Union legislation or national law of the Republic of Croatia or to international agreements to which the Union or the Republic of Croatia is a party, providing for protection of designations of origin and geographical indications;
• trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is a party, providing for protection of traditional terms for wine;
• trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is a party, providing for protection of traditional specialities guaranteed;
• trademarks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or national law of the Republic of Croatia, or international agreements to which the Union or the Republic of Croatia is a party, providing for protection of plant variety rights, and which are in respect of plant varieties of the same or closely related species;
• trademarks which can be banned from using in public interest in accordance with the provisions of other legal regulations having effect in the Republic of Croatia.

The entire trademark registration procedure normally takes 9 to 12 months., provided that there are no objections or oppositions. The process consists of the following steps:

• First, the trademark application is filed.

For filing the application, the required documents and information are a power of attorney, a list of goods and services, and the sign to be protected (word mark, logo, or another form of trademark).

If it is established in the examination procedure that your application complies with the absolute grounds for registration it shall be published in the official gazette (the Croatian Intellectual Property Gazette).

The opposition to your trademark registration may be filed within 3 months as from the publication of the application,

• If no oppositions are filed within this period, the trademark proceeds to registration.

The trademark protection shall last 10 years, counting from the application date. The period of protection may be renewed indefinite number of times for the periods of 10 years each.

The grace-period for non-use is five years following the date of registration.

Registration of the trademark shall be renewed at the request of the proprietor of the trademark or any person authorized for that on the basis of regulations or agreement, provided that the prescribed administrative fees and charges have been paid to the Office in the last year of a ten-year period of protection.

The Office shall timely, at least six months before the expiry of the registration inform the proprietor of the trademark of the said expiry. Failure to give such information shall not involve the responsibility of the Office and shall not affect the expiry of the registration.

The request for renewal shall be submitted within a further period of six months following the expiry of registration, provided that the double amount of the administrative fee and charges have been paid within this further period.