English
The “first to file” rule applies in Croatia. It is mandatory to register a trademark in order to secure rights.
The website of Croatia’s national trademark office is available at: www.dziv.hr
No. Actual use and/or intent to use are not mandatory for registration.
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
Owners of an earlier registered mark and licensees can challenge your 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
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
The opposition period lasts for 3 months starting on the date the application was published and ending three months after that date.
Yes. Croatia is a signatory of the Madrid Protocol and the Madrid Agreement.
Periodic statements of use are not mandatory in this jurisdiction.