Trademarks: Croatia

General Information

International Agreements : Paris Convention, WIPO, Madrid Agreement, Nice Agreement, Berne Convention (Copyright), Locarno Agreement (Industrial Designs), PCT, EPC (special agreement, European Patents extendible to Croatia), Madrid Protocol, Rome Convention, Strasbourg Agreement, Budapest Treaty, UPOV, CT, PPT, PLT, TRIPS and WTO

Classification : Nice Classification; Multi-Class Filings.

What is Registrable : Any sign capable of being represented graphically, particularly words, including person names, designs, letters, numerals, the shape of goods or their packaging, three-dimensional forms, colors, as well as the combinations of all the above indicated signs that such signs are capable of one undertaking from goods or services of one undertaking from goods or services of another undertaking.

Priority under Paris Convention : Yes (6 months upon filing of the priority application). Every application filed under multilateral agreements to which the Republic of Croatia is a party also gives rise to a right of priority.

Examination : The Croatian State Intellectual Property office does not examine the application on relative grounds for exclusion. Examinations are conducted on absolute grounds.

Publication : Yes – in the Croatian Intellectual Property Gazette.

Opposition : Yes – within 3 months as of publication date.

Time Frame for Registration : Approximately, 6 months as of the filing date in case no opposition is filed.

Registration Term : 10 Years – from filing date. 
Renewal Term : 10 Years
Grace Period for Renewals : 6 months with double the fees.

Use Requirement for filing : In general there are no use requirements for filing the application. However, the provisions of Article 13 of the Trademark Art prescribe that, a holder of a trademark shall be entitled to use the trademark in relation to the goods or services for which it is registered. The following constitutes the use:

  1. Use of the trademark in a form differing in elements which do not alter the distinctive character of the trademark in respect of the form in which it was registered;
  2. Affixing of the trademark to goods or to the packaging thereof in the Republic of Croatia concerned solely for export purposes. 
  3. Use of the trademark with the authorization of the holder or by any person who has authority to use a collective mark or a guarantee mark shall be deemed to constitute use by holder.

Cancellation : Cancellation is possible at any time upon registration of the trademark. However, pursuant Article 46(2) of the Croatian Trademark Act there is a 5 year period from the registration date that must expire upon which the cancellation action on the grounds of non-use is admissible. 
If within continuous period of 5 years following the date of registration, the holder has not put his trademark to genuine use in the Republic of Croatia in relation to the goods or services for which it is registered, or if such use has been suspended during an uninterrupted period of five years, the consequences of such non-use are prescribed by Article 29, Article 46(2) and Article 51(5) of the Trademark Act, unless there are justified reasons for non-use.

Assignments - Must Assignments be recorded ? No.
Can pending applications be Assigned ? Yes.

Licenses - Must Licenses be recorded ? According to the Croatian Trademark Act, license may be exclusive or non-exclusive. A trademark may be licensed for some or all of the goods or services for which it is registered and for the whole or a part of the territory of the Republic of Croatia. Both, holder of non-exclusive and exclusive license may institute proceedings for the infringement of a trademark. However, it is not an obligation, but recommendable to record a license.

Can pending application be Licensed ? Yes.

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of Attorney Simply Signed (can be submitted later).
  2. Details of the Applicant, Mark, Class(es) and List of Goods.
  3. Certified copy of Priority document (IF claimed) can be submitted later.

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney Simply Signed (can be submitted later).
  2. Mark, Registration Number, Class(es) and List of Goods.

Assignment Recordal Requirements

  1. Assignment Deed which must be notarized and translated into Croatian by a court interpreter. 
  2. Power of Attorney Simply Signed issued by the Assignor and the Assignee.

License Recordal Requirements

Certified copy of the License Agreement, or the certified part of the agreement, or the original certificate of granting the license signed both by the licensor and the licensee, its certified Croatian translation.

Change of Name/Address Requirements

  1. Power of Attorney with the new applicant’s/holder’s address.
  2. An excerpt from the company register evidencing the change.

 

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