Trademark Search in Croatia

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Frequently Asked Questions
What is the trademark registration time frame?

For applications without obstacles and are expected to go through a regular prosecution process, the estimated time frame from filing to registration is 12 months.

If I register my trademark in Croatia, do I have protection in other territories?

No. A registered mark in Croatia is protected only in this jurisdiction.

Do I need to sign a Power of Attorney?

Yes, a Power of Attorney is required.

Are there any benefits from using the trademark before filing?

Yes. Use of the mark before filing enables the applicant to: 

  • Show the mark’s distinctive qualities;
  • Overcome obstacles on the ground of non-distinctiveness.
Will there be problems in case I don’t use my trademark after registration?

The consequence of not using your registered mark is the possibility of being attacked by third parties on the ground of non-use and eventually getting your registration cancelled.

What are the types of trademark that can be registered in Croatia?

Applicants are allowed to register any mark or sign that can be interpreted graphically and can differentiate a product/service from its competitors. The sign must also be objective, clear, self-contained, precise, durable and easily-available. 

  • Names
  • Words
  • Touch
  • Taste
  • Devices
  • Colors
  • Shapes (with three dimensions)
  • Sounds
  • Slogans
  • Holograms
  • Trade dress
  • Smell
  • Motion
What are the phases of application after a trademark has been filed in Croatia?

The sequence of application is as follows: 

  1. Examination – The application will be examined if it is compliant in terms of formality, classification, descriptiveness, distinctiveness, and deceptiveness.
  2. Publication – Information about the application will be made available to the public particularly to parties that are interested to oppose. The following details will be published in print and online: mark, name and address of applicant, application number and date, goods/services, representation of mark and representative on record, and priority claim.
  3. Registration – After the prosecution and once the opposition has been overcome, the trademark authorities will now issue the registration.
Are there any types of trademark that cannot be registered?

Applicants may not apply for the registration of the following marks: 

  • Marks that contradict public order and standards of moral
  • Marks that contain flags, symbols or names of an international organization, state, region, or nation
  • Words that have a general or broad meaning
  • Marks that lack distinctive qualities
Does Croatia use the "Nice Classification" system?

Yes. Croatia uses the Nice Classification system. If the mark will be used for several classes of goods or services, one application will suffice.

Does the European Union Trademark apply for Croatia?

Yes. European Union Trade Mark registration takes effect in Croatia.

Is there any possibility to claim priority in Croatia?

Yes. The date of filing in your home country can be used as the date of filing in Croatia if: 

  • Your home country is a member of the Paris Convention
  • The date of filing in your home country is within the last 6 months prior to the date of filing in Croatia
  • Your home country is a member of the World Trade Organization (WTO)
  • International registration can be based in this jurisdiction
What do I need to do to satisfy the use requirement?

You must use the mark within 5 years from the date it was registered and/or from the date it was last used; no more than 5-year gap in between each use. Use must occur in Croatia and the amount of use is determined on a case-to-case basis.

Once my trademark has been registered, for how many years will be valid?

A registered mark in this jurisdiction is valid for ten years.

What will be the renewal date of my trademark?

The first renewal should be done 10 years after the date you filed the application.

Is it legal to use my trademark even if it is not yet registered?

Yes. Use of an unregistered mark for selling goods or services is legal.

Does having a registered trademark in Croatia afford me any right?

The “first to file” rule applies in Croatia. It is mandatory to register a trademark in order to secure rights.

What is the website of the trademark national office?

The website of Croatia’s national trademark office is available at: www.dziv.hr

Is there any need to use my trademark before I apply for registration?

No. Actual use and/or intent to use are not mandatory for registration.

What are the grounds for a Trademark Application to be opposed?

Applications to register a mark may be opposed on the grounds of: 

  • Rights to industrial property and registered designs
  • Rights to a personal name and/or personal portrayal
  • Breach of copyright
  • Proprietary rights
  • Rights of a well-known mark
  • Rights to trade names
Who can oppose my trademark registration?

Owners of an earlier registered mark and licensees can challenge your registration.

Is it possible to cancel a registration?

Yes. The following are cancellation grounds: 

  • Conflicting registration (proprietary rights)
  • Descriptive mark
  • Functional mark
  • Generic mark
  • Geographical indication is included in the mark
  • Immoral mark or contrary to public policy
  • Non-distinctive mark
  • Misleading/disparaging/deceptive mark
  • Breach of copyright
  • Personal name rights
  • Registered design rights
  • Violation of rights under Article 6bis, Article 6ter, and Article 8 of the Paris Convention
Are there any rights established by having a registered trademark?

Yes. As owners of a registered mark, you secure the following rights: 

  • Exclusive rights to use and make profits from the mark
  • Rights to challenge conflicting applications filed at a later date
  • Rights to take an action to cancel conflicting registrations filed at a later date
  • Rights to make a legal appeal against third parties for infringing the mark
  • Rights to receive damages from third parties for infringing the mark
  • Rights to make an appeal to customs authorities to confiscate imported fake goods
How long is the opposition period?

The opposition period lasts for 3 months starting on the date the application was published and ending three months after that date.

Is Croatia a member of the Madrid System?

Yes. Croatia is a signatory of the Madrid Protocol and the Madrid Agreement.

Do I need to present periodic statement of use?

Periodic statements of use are not mandatory in this jurisdiction.

When should I renew my trademark?

Renewals are done every 10 years.

What will be the renewal date of my trademark?

The first renewal should be done 10 years after the date you filed the application.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary for trademark renewals.

If my trademark expires, do I have a grace period?

Yes. A grace period of 6 months is available after the expiration date.

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