English
The average time frame for the registration approval is 12 months, if no objections or oppositions arise.
No. A registered mark in Croatia is protected only in this jurisdiction.
Yes, a Power of Attorney is required.
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.
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.
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
The sequence of application is as follows:
- Examination – The application will be examined if it is compliant in terms of formality, classification, descriptiveness, distinctiveness, and deceptiveness.
- 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.
- Registration – After the prosecution and once the opposition has been overcome, the trademark authorities will now issue the registration.
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
Yes. Croatia uses the Nice Classification system. If the mark will be used for several classes of goods or services, one application will suffice.
Yes. European Union Trade Mark registration takes effect 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
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.
A registered mark in this jurisdiction is valid for ten years.
The first renewal should be done 10 years after the date you filed the application.
Yes. Use of an unregistered mark for selling goods or services is legal.
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.
Renewals are done every 10 years.
The first renewal should be done 10 years after the date you filed the application.
A power of attorney is necessary for trademark renewals.
Yes. A grace period of 6 months is available after the expiration date.